Judicial System

Judicial System in Saudi Arabia
require four witnesses while some require one witness
and an oath. Some matters may require the testimonies of
women separately in certain cases mentioned by scholars to
be referred to in respective jurists’ books. (1)
Testimony in the Saudi Judicial System: The
Regulations of Procedure before Sharia Courts have
dedicated a separate chapter for testimony as a method for
ascertaining rights. The claimant usually requests, whether
in writing or verbally, the facts that he wants to prove.
If the court opines that such facts may be proved, it will
decide allowing testimony and fixes a date for the party to
bring witnesses. If the witness may not be able to appear
before court, the judge will move to the place of the witness
or assigns another judge to see the witness. If the witness
resides outside the local jurisdiction of the court, the court
may ask the relevant court in the respective local jurisdiction
of such witness to hear his testimony.
The Regulations of Procedure before Sharia Courts allow
the court to separately hear testimony and ask questions in
the presence of the parties. It is important to note that the
authority of directing/ asking questions to witnesses is solely
reserved to judges contrary to other legal systems where
advocates have that right to direct examination and cross
examination.
Third: Oath: a pronouncement swearing the truth/ denial
of a statement before a judge by an appeal to Allah or any of
(1) See: Badaie Al Sanaie 6/286, 268, 270 and 271; Tuhfat Al Mushtaq 10/211
and 212; Hashiat Al Disoogi 5/167 and 165; Al Muqni 10/170 and 171.
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