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al-Nizam al-Qadai

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الكتاب منشور على موقع وزارة الأوقاف السعودية بدون بيانات

al-Nizam al-Qada'i (lit. 'The Judicial System' or 'The Law of the Judiciary') is the statutory legal framework and codification governing the judiciary, court hierarchy, and judicial procedures in the Kingdom of Saudi Arabia, established in accordance with Islamic jurisprudence (fiqh).

Historical Background and Early Development

The formalization of the judicial structure began alongside the unification of Saudi Arabia under King Abdulaziz Al Saud. In Safar 1346 AH (August 1927 CE), a royal decree established a three-tiered court system in the Hijaz:

  1. Summary Courts (Mahakim al-Umur al-Musta'jalah / Partial Courts), dealing with minor offenses, misdemeanors, and urgent matters.
  2. Grand Courts (al-Mahakim al-Kubra / General Courts), handling serious crimes, civil disputes, personal status, wills, and real estate.
  3. The Judicial Supervisory Body (Hay'at al-Muraqabah al-Qada'iyyah / Court of Cassation), responsible for reviewing decisions and hearing appeals.

This early structure affirmed several core principles: adherence to Sharia rulings, judicial independence, the permissibility of single and collegiate benches, majority rulings, defined material and personal jurisdictions, the right of appeal, and free access to justice without litigation fees. In 1347 AH (1928 CE), Judicial Decision No. 3 determined that courts should primarily rely on the authoritative rulings of the Hanbali madhhab—specifically standard references such as منصور البهوتي's (Mansur al-Bahuti) Sharh Muntaha al-Iradat and Sharh al-Iqna—while permitting recourse to other Sunni schools of jurisprudence when public interest (maslahah) required.

In 1372 AH (1952 CE), the Law of Concentrating Sharia Judicial Responsibilities (Nizam Tarkiz Mas'uliyyat al-Qada al-Shar'i) consolidated judicial administrative oversight under the office of the Chief Justice (Ra'is al-Qudah) in Mecca. In 1390 AH (1970 CE), the Ministry of Justice was formed via Royal Order No. A/126, assuming the administrative and financial supervision previously exercised by the Chief Justice.

Promulgation and Structure

A comprehensive Law of the Judiciary (Nizam al-Qada) was issued by Royal Decree No. M/64 on 14 Rajab 1395 AH (July 1975 CE). Comprising 85 articles, the law defined the jurisdiction of courts, qualifications and appointment terms for judges, and established the institutional hierarchy.

Article 1 anchored the independence of the judiciary, stipulating that judges are subject to no authority in their rulings other than the provisions of Islamic Sharia and regulations that do not conflict with it. Under this statutory system, the judiciary was structured around four main bodies:

  • The Supreme Judicial Council (Majlis al-Qada al-A'la): Formed of eleven members, including five full-time members holding the rank of Chief of the Court of Cassation, charged with supervising courts, reviewing capital verdicts, and establishing judicial precedents.
  • The Court of Cassation (Mahkamat al-Tamyiz): Composed of a chief judge and specialized chambers to review appealed judgements.
  • General Courts (al-Mahakim al-Ammah): First-instance courts hearing major civil, commercial, and criminal matters, typically presided over by a single judge, or a panel of three judges in serious felony and capital cases.
  • Summary/Partial Courts (al-Mahakim al-Juz'iyyah): Formed by decisions of the Minister of Justice to hear minor and expedited claims.

Following Royal Order No. M/76 on 14 Shawwal 1395 AH, the leadership of the Supreme Judicial Council was assigned to an independent President of the Supreme Judicial Council with ministerial rank. The statutory provisions also established prerequisites for judicial appointment, requiring Saudi nationality, upright moral character, and full legal capacity.

Later Reforms

The Law of the Judiciary underwent major overhauls and updates, notably with the issuance of the updated Law of the Judiciary in 1428 AH (2007 CE) alongside the Law of the Board of Grievances (Diwan al-Mazalim) by Royal Decree No. M/78, further structuring administrative and ordinary court jurisdictions.

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