Judicial System

Judicial System in Saudi Arabia
of law (Nizam). (1)
Fourth type: the regulations relating to ordinary laws
[i.e. implementing regulations or secondary enactments]
mean ‘general binding rules issued by means other than the
royal assent. These include the Charity Associations and
Foundations Regulations (2) . From the Saudi perspective,
these types of enactments are closely attached/ relate to
ordinary laws in contrast to the division adopted by positive
law (3) , and the regulations relating to ordinary laws are
issued by the legislative power or by authorization of that
power.
To sum up, the significance of the term Nizam in the
Kingdom of Saudi Arabia in all types of laws discussed above
have the same significance of the term (Nizam) in Policy
based on Sharia – meaning an Islamic state committed to
the provisions and principles of the Holy Quran and Sunnah.
Second characteristic: Supremacy of Islamic Constitution
(the Book and Sunnah) over all Laws (Nizam) in Saudi Arabia:
We will explain that characteristic in the following
paragraphs.
(1) Dr. Mohammed Al Marzouqi gave as example the royal decree No. 43 dated
29 /11 /1377H (corresponding to 14/6/1958) concerning penalties to be applied
to those who abuse powers of office, and the royal decree No. (4) dated 01/ 03
/1410H (corresponding to 1/10/1989) concerning attachment.
(2) See The Regulation in Saudi Law, Naif Al Ghamdi, 76, these regulations was
issued by a resolution of the Council of Ministers on 1410H (corresponding to 1989).
(3) Commenting on this matter, Dr. Mohammed Al Marzouqi said, ‘it is clear
that the concept of regulations in Saudi law differs as to the concept prevailing
among positive law jurists and there were many contemporary studies and
research tried to attach that concept with Saudi law. The legislative Power in
Saudi Arabia, Dr. Mohammed Al Marzouqi: 77, footnote (19).
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