04.01.2016 Views

Judicial System

Saudie

Saudie

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

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

respond to that development for technical reasons such as<br />

not finishing enacting the criminal procedural laws and<br />

the pleading laws on the one hand, and objective reasons<br />

relating to the legitimacy / Sharia compliant of some bodies<br />

and background of the existing disputes which led to the<br />

expansion of formation of these committees because of<br />

the growing need. Dr. Mohammed Al Mazrouie mentioned<br />

another reason for formation of these quasi-judicial<br />

committees that is, “resulting from the instability of the<br />

notion/ idea of codification of judgments that are binding on<br />

judges, so the Saudi authorities were compelled to create a<br />

body [i.e. quasi-judicial committee] for each law/ regime to<br />

adjudicate disputes and violations to that law/ regime”.<br />

Second: the resolutions made by the quasi-judicial<br />

committees may be summarized as follows:<br />

1) Decisive resolution of disputes without intervention of<br />

any other judicial authority; examples include the labor<br />

disputes committees, and customs disputes committees<br />

which are formed of two instances hierarchy – a first<br />

instance committee and an appeal committee;<br />

2) Dismissal conditional upon approval of the senior<br />

person in charge in the respective department; examples<br />

include disciplinary action against military men and<br />

violation committed by students;<br />

3) Amicable settlement such as banking disputes though<br />

its nature requires deciding the matter and not only<br />

reaching settlement;<br />

4) Imposing direct punishment/ penalties on occurrence<br />

of the violation without trial such as violations of the<br />

153

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!