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- Publisher
- Brill
- Copyright
- © 2007 Koninklijke Brill NV, Leiden, The Netherlands
- ISSN
- 0268-0556
- eISSN
- 1573-0255
- DOI
- 10.1163/026805507X226827
- Publisher site
- See Article on Publisher Site
Abstract
This article deals with the issue of the role of traditionalists and modernists on the development of the Saudi legal system. It presents and defines the two movements and evaluates their backgrounds and approaches. It also explores their impacts on the development of the Saudi legal system through evaluating their approaches on the following areas: legislative process, people's perspective toward applied laws, the judicial system, and legal education. The article concludes that it is clear from this evidentiary demonstration that the development of the Saudi legal system has been affected by the concurrent influences of traditionalist and modernist movements. The substance of enacted laws, legal education, the judicial systems, and people's attitude toward both Shariah and enacted laws has been negatively affected by the approaches of both movements. The paper provides for various approaches and solutions that address the problems of the system of legal education, judicial system, and legislative process. The paper suggests that these various approaches and solutions have to be adopted jointly; otherwise the confusion in the legal system will continue.
Journal
Arab Law Quarterly – Brill
Published: Jan 1, 2007
Keywords: TRADITIONALISTS; CODIFICATION; JUDICIAL SYSTEM; MODERNISTS; LEGAL EDUCATION; THE WAHHABI MOVEMENT; THE BOARD OF GRIEVANCES; SHARIAH COURTS