The Judge's Discretionary Power in Adapting Public Order

Abstract

This research provides a comparative analysis of judicial authority in adapting public order within Islamic law and jurisprudence, examining its concept, sources, and limitations. It reviews Arab legislations, with particular attention to Omani law and judiciary, alongside the perspectives of jurists and legal scholars, aiming to clarify the judiciary’s role in defining public order and reconciling it with Sharia principles. Structured into an introduction, two sections, and a conclusion, the study first explores the scope of judicial authority in adapting public order, finding that judges—whether in secular law or Sharia—possess broad powers constrained by varying sources of obligation. The second section highlights the convergence of objectives between legal and Sharia systems despite methodological differences. Ultimately, the research concludes that public order is a vital instrument for regulating social relations and recommends establishing clear guidelines for judicial interpretation, integrating jurisprudential and legal insights, and drafting provisions that specify judicial authority to define public order prior to issuing rulings, thereby safeguarding the public interest.