Judicial System

Judicial System in Saudi Arabia
mechanism, so the term law (Nizam) here refers to
laws issued by the monarch or the president of the state
according to certain steps provided for in the laws [i.e.
foundational laws such as the Basic Law of Governance
in Saudi Arabia] for issuing laws (Nizam) (1) , contrary
to the principles of Sharia not codified/ enacted which
do not require to be put within a special regime as they
must apply – from Sharia and legal perspectives but they
are not described as laws (Nizam) and remain part of the
applicable Sharia principles. There is also the concept
of ‘public order’ meaning, ‘the group of political, social
and economic foundation on which a certain community
in a certain era is found’. This concept has considerable
renown in Saudi Arabia because Sharia principles and
the attached morals constitute the foundation of public
order in Saudi Arabia; thus, whatsoever not provided
for in laws (Nizam) issued by the enacting/ making
authority [i.e. the legislative power] in the Kingdom
of Saudi Arabia, shall be referred to the principles of
Sharia.
(1) The term ‹regulatory rules› is used to denote the laws enacted/ issued by
the regulatory [i.e. legal] authority in the Kingdom of Saudi Arabia in contrast
to the positive legal rules – as the concept of law as launched in this era, of
connotations contrary to Sharia. It is important to emphasize those differences
when explicating laws (Nizam) or using them as basis for making rules/ rulings
– laws (Nizam) in Saudi Arabia because they are distinguishable by the fact that
they are Sharia governed [i.e. in compliance with the provisions of the Holy
Quran and Sunnah which has been provided for in article seven of the Basic
Law of Governance and in many other articles of the Basic Law of Governance].
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