Since Saudi Arabia is an Islamic state, its judicial system is based on
Islamic law (Shari’ah) for both criminal and civil cases. At the top of the
legal system is the King, who acts as the final court of appeal and as a source
of pardon.
The Saudi court system consists of three main parts. The largest is the
Shari’ah Courts, which hear most cases in the Saudi legal system. The Shari’ah
courts are organized into several categories: Courts of the First Instance
(Summary and General Courts), Courts of Cassation and the Supreme Judicial
Council.
Supplementing the Shari’ah courts is the Board of Grievances, which hears
cases that involve the government. The third part of the Saudi court system
consists of various committees within government ministries that address
specific disputes, such as labor issues.
In April 2005, a royal order approved in principle a plan to reorganize the
judicial system. On October 1, 2007, a royal order approved the new system.
Changes include the establishment of a Supreme Court and special commercial,
labor and administrative courts.
Shari’ah (Islamic Law)
Shari’ah refers to the body of Islamic law. It serves as a guideline for all
legal matters in Saudi Arabia. In the Shari’ah, and therefore in Saudi Arabia,
there is no difference between the sacred and the secular aspects of society.
Muslims derive Shari’ah law primarily from the Holy Qur’an and secondarily
from the Sunnah, the practices and sayings of the Prophet Muhammad during his
lifetime. The third source is Ijma’, the consensus of opinion of Muslim
scholars on the principles involved in a specific case occurring after the
death of the Prophet. Qias, analogy, is the fourth source of law.
Shari’ah presumes that a defendant is innocent until proven guilty, and
only in serious crimes or in cases of repeat offenders is one likely to witness
severe punishments