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Saudi Judiciary: From the Unpredictable Unwritten to Codified Authoritarianism

Saudi Judiciary: From the Unpredictable Unwritten to Codified Authoritarianism Question (Special Issue Editors): The Power of the Unwritten: The Saudi judiciary is structured differently from that of most countries in the region. Does its structure—or do its traditions—provide for greater or lesser judicial independence than is common in regional terms?Answer (Abdullah Alaoudh): It is true that the Saudi judiciary is structured differently, and, in fact, this peculiarity, I argue, has provided more independence on one hand and led to a reaction to create greater predictability‬ that has been exploited by the Government on the other hand. Unwritten legal traditions and even laws have always been a central theme of Saudi law and the judiciary. Laws are called ‘regulations’ to give a lesser impact than the divinely inspired law found in the Qur’ān and Sunnah, and when the Kingdom in 1992, after many decades of rule, decided to have a separate constitutional document, which they called ‘the Basic Regulation (Law) of Governance’, rather than a constitution. In fact, the first article of that document clearly says:The Kingdom of Saudi Arabia is a sovereign Arab Islamic State. Its religion is Islam. Its constitution is Almighty God’s Book, The Holy Qur’ān, and the Sunnah (Traditions) of the Prophet (PBUH).The superiority afforded http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arab Law Quarterly Brill

Saudi Judiciary: From the Unpredictable Unwritten to Codified Authoritarianism

Alaoudh, Abdullah Suliman
Arab Law Quarterly , Volume 36 (4-5): 5 – Mar 4, 2022
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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0268-0556
eISSN
1573-0255
DOI
10.1163/15730255-bja10104
Publisher site
See Article on Publisher Site

Abstract

Question (Special Issue Editors): The Power of the Unwritten: The Saudi judiciary is structured differently from that of most countries in the region. Does its structure—or do its traditions—provide for greater or lesser judicial independence than is common in regional terms?Answer (Abdullah Alaoudh): It is true that the Saudi judiciary is structured differently, and, in fact, this peculiarity, I argue, has provided more independence on one hand and led to a reaction to create greater predictability‬ that has been exploited by the Government on the other hand. Unwritten legal traditions and even laws have always been a central theme of Saudi law and the judiciary. Laws are called ‘regulations’ to give a lesser impact than the divinely inspired law found in the Qur’ān and Sunnah, and when the Kingdom in 1992, after many decades of rule, decided to have a separate constitutional document, which they called ‘the Basic Regulation (Law) of Governance’, rather than a constitution. In fact, the first article of that document clearly says:The Kingdom of Saudi Arabia is a sovereign Arab Islamic State. Its religion is Islam. Its constitution is Almighty God’s Book, The Holy Qur’ān, and the Sunnah (Traditions) of the Prophet (PBUH).The superiority afforded

Journal

Arab Law Quarterly – Brill

Published: Mar 4, 2022

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