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Judicial System

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

In contrast to that there are laws where the substantive<br />

element is dominant such as the penal law named Counterfeit<br />

and Imitation of Paper Money Law (1) as the said Law<br />

provides for penalties for those who counterfeit or imitate<br />

money inside or outside the Kingdom, or brought to the<br />

Kingdom any counterfeited or imitated money, and as well<br />

the said Law provides for penalties for those who commit<br />

accomplice or attempt with respect to those offences.<br />

Each category of these rules is important. If the substantive<br />

rules lay down rights and obligations with the relevant<br />

provisions, regulate the relationship between members of the<br />

community and provide for the penalties deterring violations<br />

of these rights on the one hand, the procedural rules show<br />

how to enforce rights, protect them and provide for impunity<br />

on the other.<br />

It is obvious that the procedural rules were laid down<br />

to protect rights provided for under substantive rules thus<br />

represent the backbone of the judicial system – without the<br />

procedural rules, rights and duties become meaningless.<br />

Sharia is the Source of Substantive and Procedural<br />

Rules:<br />

Both substantive and procedural rule are compliant<br />

with the principles of Sharia and to that effect article eight<br />

of Basic Law of Governance provides that, ‘Governance<br />

in the Kingdom of Saudi Arabia shall be based on justice,<br />

(1) Issued on 21/07/1379H (corresponding to 19/01/1960).<br />

165

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