Judicial System

Judicial System in Saudi Arabia
by impartiality’ (1) that is to say, injustice. They also said,
‘this will prohibit witnesses from coming to courts places
(trial)’ (2) . It was reported that Caliph Omar Ibn Khatab
(may Allah mercy be upon him) disfavored and rebuked the
governor Abu Musa Al Asharie adjudicating between people
at his house. (3) Some scholars sanctioned judges to take their
houses as place of trial when necessary provided that the
judge opens his house doors for people without prohibition’ (4)
The Maliki scholar Ibn Farhoun noted that a safeguard for
achieving justice is that trial should be held in an accessible
place namely in the major mosque. However, if some
disputants feel this embarrassing, trial may be held in a less
opened area in the mosque (5) . As a general rule, disputants are
much interested to be heard and tried in a place away from
noise so disputants can make their statements/ arguments and
a judge will be able to listen to them properly. Some scholars
advised that a judge must have a private place in the mosque,
and Sahnoun Al Maliki used to take a room in the mosque
as a trial place. (6) Islamic scholars expressed that attendance
of trials is a right of everybody and there should not be a
guard only for keeping order (7) - this may be considered as
an early application of the principle of publicity of hearings,
(1) Al Tarabulsi Al Hanafi, ‘Muein Al Hukam’, p. 18.
(2) Ibn Farhoun, ‘Tabsirat Al Hukam’ 1/32.
(3) Ibn Farhoun, ‘Tabsirat Al Hukam’ 1/32.
(4) Ibn Farhoun, ‘Tabsirat Al Hukam’ 1/32.
(5) Ibn Farhoun, ‘Tabsirat Al Hukam’ 1/32.
(6) Ibn Farhoun, ‘Tabsirat Al Hukam’ 1/32.
(7) Ibn Nujaim, ‘Al Bahr Al Raiq’ 6/302; Al Balakhi, ‘Indian Fatwas’ 3/320; Ali
Hayder, ‘Durar Al Hukam’ 4/623.
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