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 />

For proper and logical analysis of this issue, we deem it<br />

appropriate to examine first cases heard and tried by Saudi<br />

courts and to delay for a while the variances and as well the<br />

level of these rulings. It is important to note that having a<br />

better knowledge of the cases that courts hear and try will<br />

limit the scope of variances in a manner far much lesser than<br />

the stereotypes of those variances. Courts, in accordance with<br />

article (49) of the Basic Law of Governance, hear and try ‘all<br />

disputes and offences’ without prejudice to the jurisdiction<br />

of the Board of Grievances pursuant to article (53) of the<br />

same law. The Regulations of Procedure before Sharia<br />

Courts have detailed in numerous sections the jurisdictions<br />

of courts as we have mentioned in other paragraphs in this<br />

article.<br />

It is noteworthy that this jurisdiction of value achieves<br />

unity of cases/ subject in courts, hence achieves a great deal<br />

of the judicial perception with respect to presented cases.<br />

However, we will not have much confidence of this finding<br />

unless we tackle two important points:<br />

The first point: the rulings issued by courts when trying<br />

presented cases;<br />

The second point: the procedure to which courts comply<br />

with respect to trying cases.<br />

I believe that clarifying these two points and concentrating<br />

on them will clearly demonstrate that there are variances<br />

between two courts’ rulings that share the same facts. As to<br />

the first point, courts according to article (48) of the Basic<br />

238

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

Saved successfully!

Ooh no, something went wrong!