Judicial System

Judicial System in Saudi Arabia
difficult field for a judge to exercise discretion; however,
it deserves trial” (1) .
Second: Discretion in Interpreting Texts: Asool Al Fiqh
[i.e. Fundamentals of Islamic jurisprudence] discipline has
a vital importance in interpreting texts whether Sharia, legal
or contractual. Islamic jurisprudence scholars (2) were keen
to establish objective controls to interpret the intensions/
purposes of the theologians. One of the most discussed topics
by the Islamic jurisprudence scholars is the significance of
terms/ words [i.e. semantically], and in short they tackle the
following:
1) Significance of the Imperative: does the imperativeness
mean necessity or permission? Does it require urgency
or slackness? Does imperativeness indicate repetition or
not? Does imperativeness to perform something means
abandoning the opposite thing?
2) Significance of Prohibition: does prohibition mean
proscription or aversion? Does it require repetition
or not? Does prohibition mean the imperative to do
the contrary? Does prohibition require badness of the
behavior/ act?
3) Significance of the general and the specific/
particular: this deals with the significance (i.e. the
(1) Ibrahim bin Musa Al Shatibi, Al Mowafaqat, inquired by Abu Obaida
Mashhour Al Salman, Ibn Afan Publishing House, first edition 1417, 5/ 177 -178.
(2) All terms significance (semantics) are taken, with some modifications, from
Ayad bin Nami Al Salmi book [translated as Islamic Jurisprudence Not To Be
Overlooked By A Scholar], Al Tadmuria Publishing House, 1426H), edition 1.
62