Judicial System

Judicial System in Saudi Arabia
Allah)’ (Surah An-Nur, verse 4)).
Impartiality is an important criterion with respect to
selection of judges particularly in this age, and in this regard
manifest impartiality may be sufficient. To that effect, the
Saudi Judiciary Law provides that a judge must enjoy good
behavior and conduct in a clear indication to impartiality
criterion with respect to selection of judges.
No doubt that impartiality is a prime quality as no proper
ruling may be reached with a partial judge; as well it is a sign
of piety as Allah Almighty says, ‘be just: that is nearer to
piety’ (Surah Al-Ma’idah, verse (8)). A judge in a sense is a
ruler, a ruling shall be made impartially - a just and impartial
ruler is one of seven people who will be shaded by Allah
under His shade on the day when there will be no shade
except His as narrated by Prophet Mohammed may peace
and prayer be upon him.
Whenever the judge is impartial this will facilitate
acceptance of his ruling by disputants, so he will not be bias
against a party, will hear both parties fairly. Under Sharia,
when a judge shows a bias this will constitute a ground for
dismissing him.
Second: Discretion:
This means having the ability to reach a ruling based
on Sharia in absence of a clear text – this is a process of
exercising mind in recognizing Sharia rules from main Sharia
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