Judicial System

Judicial System in Saudi Arabia
all people to obey’.
This definition reveals a number of facts as to the nature
of laws in relation to Policy based on Sharia that give rise to
the laws applicable in the Kingdom of Saudi Arabia.
It states the following:
• The guardian (i.e. the ruler) is the head (at the top of
the hierarchy) of the Islamic state irrespective of title: a
monarch, a president or sultan or any other title.
• Is obliged to issue laws to all people, so to speak, the
people and all those under the sovereignty of the state
including residents and expatriates requiring them
to adhere to them. The obligation is a characteristic
shared between laws (Nizam) and the positive (secular)
law – so this may not be depicted as a Saudi quality/
characteristic only.
• The nature of this law (Nizam) is that its provisions
are general and abstract – generality and abstractness
are common characteristics between law (Nizam) and
the positive law, so this may not be depicted as a Saudi
quality/ characteristic only.
• The necessary controlling element in enacting laws
(Nizam) is that they should not contravene Sharia – this
is the fundamental difference between laws (Nizam) (i.e.
deprived from Policy based on Sharia) in Saudi Arabia,
and the positive laws prevailing in other countries; this
controlling element is a condition for interpreting laws
(Nizam).
• Laws (Nizam) are issued according to specific
72