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Judicial System

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<strong>Judicial</strong> <strong>System</strong> in Saudi Arabia<br />

contracts, divorce and divorce ((of wife) for consideration<br />

payable by the wife). The juvenile courts hear and try cases<br />

of minors attaining seven years old not reaching eighteen in<br />

matters relating to misdemeanors, imprisonment and Hudud<br />

not involving damage. The juvenile care centers courts<br />

determine cases involving girls not attaining thirty years old.<br />

Then came the latest amendment under the new Judiciary<br />

Law dated 19/09/1428H (corresponding to 01/10/2007)<br />

restructuring anew the courts by creating the Supreme Court,<br />

courts of appeal, and new specialized courts.<br />

The Doctrinal Hierarchy of the Judiciary:<br />

Article nine of the Temporary Reformist Articles for Sharia<br />

Courts issued on 05/09/1344H (corresponding to 19/03/1926)<br />

provided that ‘reliable books of the Four Schools shall be<br />

consulted in reviewing and adjudicating presented issues<br />

and cases’; thus this article of the Law decides the reference<br />

to guide judges in contemplating rulings - the Four Schools<br />

of Jurisprudence. By this, the state widened the scope of<br />

discretion to judges to benefit from the treasury of Islamic<br />

jurisprudence extending from the second century of Hijra<br />

(corresponding to 8th Century) until the fourteenth century of<br />

the Migration of the Prophet Mohammed (fourteenth century<br />

of Hijra) (corresponding to the twentieth century). The Saudi<br />

authorities prima facie did not interfere with the judiciary in<br />

Hejaz, Al Hasa, Al Qatif and Aseer which were governed,<br />

before the unification of the Kingdom, under Hanafi School<br />

103

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