The Saudi Legal System (1)
The Saudi Legal System
Overview
The legal system of Saudi Arabia is primarily based on Islamic law (Shari'ah) derived from the Qur'an and the Sunnah.
The Basic Law of Governance
Promulgated in 1992, the Basic Law is one of the three fundamental constitutional enactments in Saudi Arabia.
It establishes the Qur'an and the Sunnah as the Kingdom’s Constitution.
Article 7 emphasizes Shari’ah as the foundation of Saudi governance:
The Government derives authority from the Qur'an and Sunnah.
The primary goal is to protect Islamic principles and enforce Shari’ah.
Structure of the Basic Law
The Basic Law contains nine chapters:
General Principles
Law of Governance
Saudi Social Values
Economic Principles
Rights and Obligations
State Authorities
Financial Affairs
Audit Institutions
It defines the roles of State authorities: judicial, executive, and legislative.
Executive and Legislative Branches
Executive Branch
Composed of:
The King
The Council of Ministers
Local governments
Various ministries and public agencies.
Legislative Authority
Based on Islamic Shari’ah, the legislative authority includes:
The King
The Council of Ministers
The Consultative Council (Majlis al-Shura).
The term "regulatory authority" refers to this legislative power empowered to enact laws and approve international agreements.
Delegated Legislative Authority
Legislative authority can delegate power to administrative bodies for rule enactment.
Examples:
Laws like the Commercial Law and the Anti-Money Laundering Law.
Legislative Process
Resolutions require approval from:
The King (Royal Order)
The Council of Ministers
The Shura Council.
If no consensus exists, the issue is returned to the Shura Council for further decision.
Role of the Shura Council
Proposes new laws or amendments and reviews legislative proposals.
Requires legislative act proposals from any minister to be submitted to the King.
Fatwa and Religious Advisory Role
The Board of Senior Ulama provides religious rulings in legislative processes.
Their input is significant in shaping some statutes to ensure compliance with Shari’ah.
Judicial System Structure
Current Judicial Reforms
A Royal Order on April 2, 2005, restructured the judicial system for specialized courts:
Specialization in labor, commercial, civil, and criminal law.
Clear jurisdiction definitions enhance efficiency and reduce conflicts.
Hierarchical Order of Courts
The court system's structure:
Supreme Court
Courts of Appeal
First Instance Courts which include various specialized courts:
General, Criminal, Commercial, Labour, Personal Status, and Enforcement Courts.
Court Functionality
Supreme Court
Acts as the highest authority in the judicial hierarchy.
Composed of judges appointed by Royal Order, overseeing specialized circuits.
Courts of Appeal
Established in 2007 to provide checks on lower court decisions.
Each province has its court with specialized circuits.
First-Degree Courts
Serve local needs in provinces, district-level general, criminal, and commercial cases.
Composed of either single or three-judge panels.
Board of Grievances
Established in 2007 as an independent body addressing administrative grievances.
Applies Shari’ah and related laws in its adjudication processes.
Originated from King Abdulaziz’s practices of directly handling grievances.
Judges’ Qualifications and Training
A judge must have:
A degree from Shari’ah colleges or equivalent certification.
High understanding of socio-cultural issues and ijtihad.
Age, character, and pertinent legal qualifications as per Shari’ah.
Saudi Arabia has established training academies to enhance judges' skills and education.
Laws and Regulations
The Saudi legal texts are published through the Bureau of Experts at the Council of Ministers.
Varied legal volumes delineate the country's legal systems, covering diverse areas from internal security to media laws.
Conclusion
The Saudi legal system is a comprehensive structure combining traditional Islamic law with modern administrative regulations and courts, ensuring an integrated system of governance.