Judicial System

Judicial System in Saudi Arabia
have good impact on the nation. Considering Maslaha Al-
Mursalah as a source for creating Sharia rules will not be
unrestricted process as Islamic scholars set certain controls
to limit using it unnecessarily. As some Islamic scholars
believe Maslaha Al-Mursalah will be used unsystematically
and chaotically, they refrain to sanction it as a source for
making Sharia rules.
Although of this controversy, Maslaha Al-Mursalah has
found its way as a source of creating Sharia rules in Saudi
Arabia as numerous Saudi laws can only be justified on the
basis of Maslaha Al-Mursalah. A judge in a Saudi court will
rely on Maslaha Al-Mursalah if he finds no clear Sharia rule
to apply on a new occurrence/ situation, on the belief that
the interests of the parties require application of Maslaha Al-
Mursalah.
Second: Al Istishab (literary means: take as companion):
Al Istishab means that a ruling shall be valid unless
an evidence has been established to the contrary; in other
words, we may say a thing will remain as it is, unless a
proof appears changing it. For example, if a person claims
that somebody assaults him, the general rule is that that
somebody is presumed innocent unless the claimant proves
otherwise.
According to that source, numerous Sharia rules were
created such as: certainty will not be eliminated by suspicion;
as a general policy, everything is permissible; as a general
rule, innocence is presumed unless proved otherwise – these
25