Judicial System

Judicial System in Saudi Arabia
unique way totally different from theocratic and religious
state. In parallel to that state, Sharia scholars and statesmen
are all subject to the provisions of Sharia (1) which govern
all branches of law including constitutional law and
international law.
It is the duty of every Muslim, whether a ruler or a ruled,
to adhere to and comply with Sharia as represented in the
Holy Quran and Sunnah. The constitutional provisions in the
Holy Quran include the following: the verse, “But no, by
your Lord, they can have no Faith, until they make you (O
Mohammed) judge in all disputes between them, and find in
themselves no resistance against your decisions, and accept
(them) with full submission” (Surah An-Nisa, verse (65)),
and ,”It is not for a believer , man or woman, when Allah and
His Messenger, have decreed a matter that they should have
any option in their decision. And whoever disobeys Allah
and His Messenger, he has indeed strayed into plain errors”
(Surah Al-Ahzab, verse (36)), and “O you who believe!
Obey Allah and obey the Messenger, and those of you
(1) In that sense Dr. Tharwat Badawi, a leading constitutional jurist, said about
the Islamic state established following the destruction of the Persians and the
Roman states, ‘… it was the first legal state in which the ruler was subject to the
rule of law, and exercised his powers in accordance with supreme rules to which
he was bound. The caliph was restricted to rule according to the rules of the Holy
Quran and Sunnah, and his powers were limited and not above the rights and
freedoms enjoyed by the people. These rights and freedoms were provided for
under Islam. As well, Islam provides for the safeguards for protecting such rights
and freedoms against any violations by the rulers. Islam has known the idea of
individuals , rights ten centuries ago before being advocated by the philosophers
of the Social Contract in the sixteenth century’, Political Organizations: 138, Dar
An-Nahda, Cairo, 2005.
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