04.01.2016 Views

Judicial System

Saudie

Saudie

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

<strong>Judicial</strong> <strong>System</strong> in Saudi Arabia<br />

find/ reach judgments concerning people rights. Most laws<br />

currently prevailing in many countries are derived from the<br />

Continental Tradition which is largely influenced by the<br />

Maliki School.<br />

The gap between Sharia studies and legal studies is wide<br />

because of absence of law subjects from Sharia schools and<br />

similarly the absence of Fiqh (i.e. Islamic jurisprudence)<br />

from legal courses in law schools. Convergence between the<br />

two traditions requires merging Sharia programs with those<br />

of law as the case in some universities in Islamic states.<br />

Rules of law that correspond with the principles of Sharia<br />

and proper outlook may not be dispensed with; however,<br />

most laws, being man-made, are far away from natural<br />

disposition and reason, so these types of laws may not be<br />

accepted nor constitute basis for adjudication.<br />

It is essential for Sharia judges to be well-versed with<br />

drafting of laws and regulations under the umbrella of<br />

Sharia; thus, this gives rise to study laws in Sharia schools<br />

and higher institutes – these laws include, for example,<br />

administrative law, financial laws, commercial laws, public<br />

and private international law, agreements and international<br />

conventions and treaties.<br />

Arguably, one cannot reject the term ‘law’ categorically;<br />

however, specialized people shall study it so any laws match<br />

natural disposition and reason, a fortiori, corresponds to<br />

Sharia.<br />

Based on the foregoing exposition explaining the<br />

329

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!