Judicial System

Judicial System in Saudi Arabia
Writing in the Saudi Judicial System: The Regulations
of Procedure before Sharia Courts deal with the issue of the
conclusiveness of writing - it states that writing as in official
papers/ documents issued by public officers or authorized
persons are considered as proof as prescribed by laws and
regulations within the scope of authority and mandate of
such officials unless such papers were challenged on the
basis of counterfeit or conflict with Sharia principles. As to
other papers/ documents issued by claimants or the defendant
bearing his/ their signature, stamp or finger print shall be
considered as reliable provided that they are attributed to the
issuer.
Fifth: circumstantial evidence: this is a manifest sign
compared to a hidden thing thus proving it (1) [i.e. evidence
that may infer existence of a fact in issue however not
proving the fact directly] such as ruling in favor of the person
who holds a disputed thing considering that possession is a
circumstantial evidence prima facie for ownership. Muslim
scholars differ as to reliance on circumstantial evidence
including Ibn Taimiyya and Ibn al Qayim; however the
majority opines that circumstantial evidence is a means of
evidence – it varies according to custom, habit and time
(era). Generally speaking, circumstantial evidence may be
depicted or defined as anything that may demonstrate rights
without restricting it to a specific mean. The late prominent
scholar Ibn al Qayim stated that, ‘whoever overlooks signs
(1) See: Islamic Jurisprudence and its Evidence 8/258.
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