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Judicial System

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

a bit static, ‘Islamic legislation is self-sufficient and requires<br />

no borrowing from any other nation/ culture. Islamic<br />

legislation, when reasonably and broadly interpreted and<br />

applied, reinforces justice, disallows injustice, avoids harm,<br />

brings and protects interest, respects wills and contracts,<br />

gives priority to necessary matters, holds people accountable<br />

for the wrong/s they do, diversifies and distributes guarantees<br />

equitably, considers customs and traditions in matters relate<br />

to contracts, businesses and obligations etc. and all other<br />

numerous fundamental principles of Islamic legislation<br />

and jurisprudence’ (1) . The procedures to which courts shall<br />

comply with include procedures for trials and decrees. In that<br />

respect, the Kingdom of Saudi Arabia issued the Regulations<br />

of Procedure before Sharia Courts and the Law of Criminal<br />

Procedure. Hence, the procedures control judicial operation/<br />

functioning in general and control in particular the provisions<br />

stated in the second division.<br />

Besides the fact that procedural laws/ regulations<br />

guarantee proper justice as to summons of parties, hearing of<br />

claims, replies of parties, evidence, pleas, properly reasoned<br />

rulings and protecting rights of parties/ disputants, yet, they<br />

prevent variances of judicial rulings in similar cases through<br />

two ways:<br />

1) creation of a three- tier/ steps litigation (courts of first<br />

instance, appeal courts and the Supreme Court) as<br />

provided for in article (9) of the Judiciary Law. All<br />

(1) Ibid, 1 /231.<br />

242

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