The Judicial System in Saudi Arabia: Modernization and Independence

Saudi Arabia's judicial system is a complex and evolving entity, blending traditional Islamic law with modern legal technologies and practices. This article explores the structure and transformation of the judicial system in Saudi Arabia, highlighting its independence, reforms, and the dual nature of the legal system.

Overview of the Judicial System

The judiciary in Saudi Arabia is primarily guided by Islamic Sharia law, which forms the cornerstone of the country's legal framework. This system ensures the independence of judges, who are not subject to external authority, except by the provisions of Islamic Sharia and existing regulations. The judicial system in Saudi Arabia has undergone significant reforms over the years, making notable progress in terms of modernization and efficiency. According to the Global Competitiveness Report, Saudi Arabia has achieved a 16th global ranking in the judicial independence index. It has also improved its standing in the efficiency index of the legal framework, moving 4 places to the 17th rank globally.

Historical Context and Early Developments

Modern judicial institutions in Saudi Arabia trace their origins to 1927 when a Royal Decree established a relatively modern system of courts in Makkah, Medina, and Jeddah. This order included a multi-judge court system and regular appeals, demonstrating an early attempt at judicial reform. Subsequent Royal Orders further regulated different aspects of Shariah Courts. One notable Royal Order from 1931 introduced procedures for court operations, while the Shariah Judicial Responsibility Law of 1938 detailed the structure, types, jurisdiction, and responsibilities of Shariah judges.

National Unification and Modernization

Between 1956 and 1960, the jurisdiction of Saudi Arabia's court system was extended to cover the entire country, marking a significant step towards national unity and judicial reform. King Saud's directive in 1957 established a judicial organization in a format similar to the existing systems in Makkah, Medina, and Jeddah. This was followed by the 1960 unification of the national judicial system under the Presidency of the Judiciary in Riyadh, which applied the established regulations to the entire country.

King Abdul-Aziz's nationwide administrative unification, initiated just before his death in 1953, further solidified these reforms. The creation of the Ministry of Justice in 1970 by King Faisal marked another milestone, as it assumed the administration of the country's courts. These developments paved the way for the creation of a modern administrative system for the courts, which was formalized in 1975 with the adoption of the Law of the Judiciary.

Current Structure and Reforms

Currently, Saudi Arabia operates a dual judicial system. The Shariah Courts System, known as al-Mahakim al-Shariyah, handles matters related to personal status, city laws, and civil matters. In addition, there is an independent administrative judiciary known as the Board of Grievances, or Diwan Al-Mazalem, which deals with administrative disputes. Specialized courts can also be established under the Law of the Judiciary to handle specific cases.

The Basic Law of Governance obliges all courts to operate in accordance with this law, ensuring a clear framework for judicial operations. The non-interference of external authorities and the protection of judges from dismissal without due process are key features that underscore the independence of the judicial system in Saudi Arabia.

Criticism and Challenges

While the judicial reforms in Saudi Arabia have brought about significant improvements, the system has also faced criticism. The accusations of being oppressive, violent, and contrary to human rights reflect ongoing challenges in balancing traditional legal frameworks with modern human rights standards. The need for continuous reform and adaptation is vital to ensure that the judicial system in Saudi Arabia remains both modern and just.

Conclusion

The judicial system in Saudi Arabia is a rich tapestry of tradition and modernity, where Islamic law and progressive legal reforms coexist. The continuous efforts to modernize and ensure the independence of the judiciary reflect Saudi Arabia's commitment to adaptability and fairness. As the country progresses, it is crucial to address the challenges and continue the journey towards a more inclusive and humane legal system.