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Judicial System

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

trade, making delegation, filing lawsuits etc.<br />

Whereas laws in Saudi Arabia are deprived from the<br />

Holy Quran, Sunnah and Islamic jurisprudence as provided<br />

for under article seven of the Basic Law of Governance,<br />

“Governance in the Kingdom of Saudi Arabia derives its<br />

authority from the Book of God Most High and the Sunnah<br />

of his Messenger, both of which govern this Law and all the<br />

laws of the State”. Saudi laws observe women status within<br />

the Saudi legal system; to mention some examples:<br />

Status of Woman as Litigant:<br />

Under Sharia law, women have the right to litigate, file<br />

complaints and sue either as claimant or defendant, seller or<br />

purchaser, mortgagor or mortgagee, testator, guardian etc.<br />

There are numerous principles in Sharia that teach women<br />

how to claim their rights if they encounter arbitrary injustice<br />

or discrimination, and to file their claim requesting justice.<br />

One of the provisions witnessing for the right of women<br />

to litigate is what was reported from Aisha (may Allah be<br />

pleased with her) saying, “my father married me to his<br />

brother’s son so that he might raise his status thereby.’ The<br />

Prophet gave her the choice, and she said: ‘I approve of what<br />

my father did, but I wanted to know that their fathers have no<br />

right to do that “. (1) In a Hadith reported by Hind (may Allah<br />

be pleased with her), I said to the Messenger of Allah that<br />

Abu Sufian is a mean man, should I take from his money in<br />

(1) Masnad Imam Ahmed, Sunan Al Nisaie and Sunan Al Dar Qutni.<br />

334

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