At the top of the legal system is the king, who acts as the final court of appeal and as a source of pardon. Based on years of research in saudi arabia, this volume investigates the legal system of saudi arabia both for its own sake and as a casestudy of an islamic legal system. However, although the principles of islamic law influence criminal and civil laws, their direct influence in. The saudi courts and judicial committees generally apply the hanbali school.
Legal system and method introduction page 3 introduction to legal system and method this is a foundational module which provides you with some essential building blocks for the study of law. A brief overview of the saudi arabian legal system. Pdf the legal system of the saudi judiciary and the possible. Islamic law and legal system studies of saudi arabia brill. This paper will research on the legal systems of these nations. The chinese legal system is a socialist system of law based primarily on the civil law model.
Saudi arabia is overwhelmingly islamic and has always been ruled under the sharia, or islamic law. To download the pdf documents, adobe acrobat is required. Legal system of saudi arabia running ead legal system of. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. The legal system in uae is primarily founded upon civil law principles which are heavily influenced by french, roman, egyptian and islamic principles. Lastly, there will be a comparison of the legal system of the two with the legal system of united states. Learning about law and legal systems is endlessly fascinating and the material in this module provides a basis for your understanding of the other modules you will tackle as part of your university of. The legal framework of saudi arabia and analysis of the draft franchise law. Introduction to chinas legal system peoples republic. The canadian legal system developing a general understanding of how canadas legal system functions will help you more effectively assist clients.
It addresses the situation before and after the emergence of defense lawyers. This study examines the practice of criminal defense in saudi arabia. Without the system of law and the codification of the legal proc. Pdf the legal system of the saudi judiciary and the. Foreign investment act and executive rules 2000 plus. The saudi arabian legal system in 1992 was based on the sharia, or islamic law.
In islamic law, there are four main schools of jurisprudence. A brief overview of the saudi arabian legal system by dr. Comparison between legal system in saudi arabia and indonesia ii. Introduction to the legal system of the kingdom of saudi arabia. In this particular example, danvers is the defendant, who has been brought to trial to face a criminal prosecution.
In each case, the arabic version is the governing text. Introduction to the legal system of the kingdom of saudi arabia this article sets out a brief overview of the legal system in the kingdom of saudi arabia and should be treated only as a general guide and not as legal advice. It will enable you to better identify when a client has a legal issue and make referrals to helpful legal information sources or legal services before the issue reaches a crisis stage. First, as a law student, you must learn a large body of factual material about the fundamental concepts of law, the sources of english law, and the. The sharia was applied throughout the kingdom in strict accordance with the interpretation of the hanbali school of sunni islam. The sources of sharia also include islamic scholarly consensus developed after muhammads death. The saudi court system consists of three main parts. As saudi criminal law is based on conservative islamic principles, women face harsher treatment than men in the justice system. The kingdom of saudi arabia the kingdom is an islamic monarchy that was established as a state on 23 september 1932 g.
The legal system of the saudi judiciary and the possible effects on. Frank e vogel this volume offers an examination of the legal system of saudi arabia, not only for its own sake but also as a case study for insight into past and present islamic legal systems. Therefore, the doctrine of judicial independence is a mirage. There was a stream of marxist law, which was predominant in the soviet union, and which was studied to some extent by academics in the west.
Every day across america, federal, state, and local courts interpret laws, adjudicate disputes under laws, and at times even. Pdf the development of legal education in kingdom of saudi. The following sources provide a good introduction to the chinese legal structure. If you require advice on a matter relating to saudi arabian law, you may wish to contact one of the lawyers listed at the end of this article. Pdf legal system of saudi arabia harisa pa academia. Most of the major branches of law have been codified in the colonial period on the corresponding dutch laws and belong to the romangermanic legal family. It presents the history of law practice and the arguments for and against this profession. Conference seeks solutions to challenges facing saudi. Its interpretation by judges in saudi arabia is influenced by the medieval texts of the. Saudi arabias constitution of 1992 with amendments. Pdf comparative analysis of marriage under islamic law. The legal system of saudi arabia is based on sharia, islamic law derived from the quran and.
This article sets out a brief overview of the legal system in the kingdom of saudi arabia and should be treated only as a general guide and not as legal advice. The english legal system 3 heard, and is referred to in court as the crown. A brief overview of the saudi arabian legal system globalex. The main types of religious law are sharia in islam, halakha in judaism, and canon law in some christian groups. The saudi legal system relies on islamic jurisprudence and shariah law underpins the system. Pdf in the kingdom of saudi arabia ksa, islamic shariah is the foundation of the laws of the state. In your reading you will constantly be referred to legal cases or what are sometimes referred to as legal. However, a detailed legal system generally requires human elaboration. Comparison between legal system in saudi arabia and indonesia iii general characteristics indonesias legal system is mixed. As a study of saudi arabia, it is the first extensive treatment in english of the constitution and islamic court system of saudi arabia. The primary source of law is the islamic sharia derived from the teachings of the quran and.
Overview of saudi domestic and foreign corporate laws legal framework. Saudi arabia is a monarch whereupon all powers, legislative, executive and judicial rest upon the king. The diagram below from the law library of congress illustrates the structure of the chinese court system. Legal system of saudi arabia and indonesia i ijmrnd. This guide to law online saudi arabia contains a selection of saudi arabian legal, juridical, and governmental sources accessible through the internet. This article sets out a brief overview of the legal system in the kingdom of saudi arabia. Courts are central to the legal system, but they are not the entire system. Saudi arabias legal system adopts some features of the common law such as applicability of legal precedent, but saudi arabia does not have a written constitution like most common law countries. Since saudi arabia is an islamic state, its judicial system is based on islamic law shariah for both criminal and civil cases. If you require advice on a matter relating to saudi arabian law, you may wish to contact one of the lawyers listed at the. Saudi judiciary system, saudi court, saudi arbitration law. This paper probes constitutional human rights of saudi arabia.
It adopts some features of the civil law system such as a separate administrative judiciary. View full memo, introduction to the legal system of the kingdom of saudi arabia. Introduction to the legal system of the kingdom of saudi. Moreover, saudi s legal system and practices in respect to human rights has an impressive effect on the other members of the gcc. Shariah law underpins the legal framework of the kingdom. English legal system an overview introduction the study of the english legal system involves two different, but related processes. The english version of the following documents is for guidance only. Judicial system lower courts limited jxn superior courts high court, regional tribunals, ct. The legal system of england and wales is a common law system which means that much of the law is to be found in the decisions of judges in individual legal cases. In all, these features make the saudi legal order, quite contrary to the usual western view, not at all an impractical one but, if anything, one that is too flexible and pragmatic. The civil law, by contrast, is that which governs the relationship between indi. Being a muslim country, islamic principles do form the core of most uae legislation.
Sharia is the most widespread religious legal system see islamic law, and is the sole system of law for countries including iran, the maldives, and saudi arabia. Comparison between legal system in saudi arabia and. This system, he reports, enjoys a high degree of doctrinal consistency and justifiability, thanks in part to its molasseslike speed at adapting. The science that studies law at the level of legal systems is called comparative law. This research paper is about the legal system of indonesia and saudi arabia. The sheer existence of an additional legal system in saudi arabia, besides the islamic sharia, is regarded as an offense against the islamic character or modernity of the country and its judicial system. Legal system of saudi arabia 2 legal system of saudi arabia introduction the legal system of saudi arabia falls slightly out of the united kingdom system. The judicial system of the kingdom of saudi arabia bsa. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. A brief description of the legal system s historical roots, role in government, and acceptance of international court of justice icj jurisdiction. It is an in depth study of each of the countries and then compares israels judicial and legal system with saudi arabias legal system. Legal and judicial structure embassy of saudi arabia in. The legal system of the saudi judiciary and the possible effects on reinforcement and enforcement of commercial arbitration article pdf available january 2017 with 1,742 reads how we measure.
The court system of saudi arabia is generally governed by the judiciary act. Pdf the modernization of the saudi arbitration environment is more in line with modern international norms of commercial arbitration rules. Saudi arabia is unique in enshrining a religious text as a political document. An overview of the legal system in the kingdom of saudi arabia, the court structure, judiciary and legal representation. The legal system gives every person a venue to file a complaint, have that complaint heard and have a fair resolution found by uninterested parties sworn to uphold the ethics of law. The law library of congress introduction to chinas legal. The contemporary legal systems of the world are generally based on one of four basic systems. The legal system of saudi arabia is based on sharia, islamic law derived from the quran and the sunnah the traditions of the islamic prophet muhammad. The saudi court system is presided over by independent judges and panels with no right to a jury trial and, while appellate procedures are. Israel legal system and saudi arabias legal system.
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