Publication Details
Historical Basis of Modern Ombudsman: A Critical Inquiry
Reproductive Rights Case Comments
Abstract
Contemporary practice of establishing Ombudsman in different public, private and social sectors to resolve individual grievances is increasing steadily. Critical appreciation of this fact ineludibly generates intellectual thirst to explore its origin. This article endeavours to accomplish such convoluted task in the historical panorama of multicultural grievance mechanisms conventionally perceived as precursors to Ombudsman. Critically dissecting those precursors, this article intends to demonstrate that the establishment of Swedish Hogste Ombudsmannen or the Highest Ombudsman by King Charles XII was influenced by the Ottoman office of Qadi-al-Qudat splendidly assuming the roles of the Islamic Institutions \"Diwan-i- Mazalim\" and \"Hisbah\", pioneered by Islam long ago. To advance arguments in support of this, this article has portrayed the locus, composition, powers, functions and evolution of these institutions in the variegated prism of historicity. More particularly, this article has critically elucidated the historical chronicles along with its trajectories in the intricate tapestry of Ottoman legal system leading Charles XII to establish Hogste Ombudsmannen. Further it is concluded that the very office of Qadi-ul-Qudat playing the roles of Mazalim and Muhtasib has invariably influenced Charles XII, during his exile in Ottoman Turkey, to recast the Ottoman model in Swedish mold.