An Overview of the Saudi Arabian Legal System

Dr. Abdullah F. Ansary received his B.A. in Islamic legal studies in 1990 from King Abdulaziz University, Jeddah, Saudi Arabia. In 1997, he received his M.A. in Islamic Shari’ah with Honors from Umm al-Qura University, Makkah, Saudi Arabia. In 2000, he received his LL.M. degree from Harvard Law School and continued as a Visiting Researcher at Harvard Law School for the academic year 2000/2001. In 2005, Dr. Ansary received his Doctor of Juridical Science (S.J.D.) degree from the University of Virginia, School of Law. In the same year he acted as a Senior Foreign Law Specialist in the Eastern Law Division of the Law Library of Congress and, until 2009, he continued to provide legal consultancy and expertise to several branches of the U.S. government, commissions, federal courts, law firms and scholarly communities and has been a member of several task forces assigned to review key issues relating to homeland security.

From 2009 to 2015, Dr. Ansary served as Director-General of Legal Affairs and International Cooperation at the Ministry of Interior, Riyadh, Saudi Arabia. During this period, he headed several delegations inside and outside the Kingdom that negotiated several bilateral, regional and international agreements and MOUs on security and human rights-related issues. He also headed the Saudi delegations to sessions of the United Nation Office on Drugs and Crime and represented the Minister of Interior at several regional and international meetings. He served as a member of the board of the Human Rights Commission and also taught International Security Cooperation and Criminalization and Punishment in the Fight against Drug Trafficking at Naïf Arab University for Security Sciences, Riyadh, Saudi Arabia. From 2015 to 2016, he served as a special legal advisor to the head of the General Intelligence Presidency. In late 2016, he was appointed as a member of the Shura Council in its seventh term.

Dr. Ansary has given presentations and lectures, he has authored and co-authored several congressional reports and published articles and papers on the law and practice of foreign jurisdictions, national security law and policy, anti-terrorism legislation, human rights and Islamic law and legal systems in national and international journals and newspapers. His work has influenced countries’ legislation, executive policy and judicial decisions. Dr. Ansary’s expertise lies in the fields of national security law and policy, anti-terrorism legislation, human rights law, international law, Saudi and Islamic law and legal systems. He is currently serving as Advisor and Director-General of Legal Affairs and International Cooperation at the Ministry of Interior, Riyadh, Saudi Arabia. He also serves as Chairman of the Standing Committee on the Transfer of International Prisoners and Chairman of the Standing Committee on Requests for Legal Assistance.

1. General Information About the Kingdom

• Official name: The Kingdom of Saudi Arabia.
• Capital: Riyadh.
• Official language: Arabic, (English is widely spoken).
• Religion: Islam.
• Land area: App. 2.000.000 km.

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• Total population: 34,218,169 (mid-2019).
• Saudi population: 20,768,627; Male: 10,575,895; Female: 10,192,732 (mid-2018).
• Currency: Saudi riyal.
• Flag Motto: There is no god but God; Muhammad is the Messenger of God.
• Borders: Jordan and Iraq to the north; Kuwait to the north-east; Qatar, Bahrain and the United Arab Emirates to the east; Oman to the south-east; and Yemen to the south.
• Physical features: deserts, plateaus, mountains.
• Highest point: Jabal Sawda.
• Administrative divisions: Riyadh, Makkah, Al-Madinah, Al-Baha, Al-Jawf, Asir, Eastern Province, Hail, Jizan, Najran, Northern Border, Al-Qasim, Tabouk.
• Major Cities: Riyadh, Jeddah, Makkah al-Mukarramah, Al-Madinah al-Munawwarah, Dammam.
• Holidays: Eid-al-Fitr, Eid-al-Adha.
• National Day: September 23.
• Time zone: AST (UTC+3). [1]

2. Saudi Arabia: Path to Evolution

In 1924, King Abdulaziz (Ibn Sa’ud)—the founder and first King of Saudi Arabia (1932-1953)—took control of the Hijaz (the western region of Saudi Arabia), ending a long series of battles to consolidate and unite a vast but fragmented territory. Abdulaziz had his mind set on implementing a nation-building process that would respond to the needs and aspirations of the people in a manner consistent with the best interests of all. [2] He realized that Islam provided the only way to realize this long-sought future, reflecting on its profound influence on the culture and history of the Arabian Peninsula and the perceptions of its inhabitants. National unity was achieved because Abdulaziz applied the doctrine of Islam to public policy, justice and all other spheres of life. He succeeded not only in unifying the country but also in proving the credibility of the Islamic solution and demonstrating its current and eternal validity.

Abdulaziz progressively transformed a simple administrative structure into a series of well-defined and well-organized institutions which administered and assisted the executive authority in managing the affairs of an expanding territory. Focusing on the needs of his people, Abdulaziz took the first steps toward the establishment of a system of governance based on the Islamic principle of consultation, as advocated by the Qur’an (Islam’s Holy Book) and the authentic Sunnah (Traditions of the Prophet). [3]

2.1. Constitutional Evolution

In 1924, the National Council (Al–Majlis al-Ahli), a consultative council introduced by Abdulaziz, began to exercise certain powers except in foreign and military affairs which were the prerogative of the King. In August 1925, the Makkah Consultative Council, with more extensive powers, was formed. This new council was responsible for overseeing communications, trade, education, the courts system, internal security and municipal affairs. It was also the precursor of the General Consultative Council, which played a significant role in the creation of the Council of Ministers. In August 1926, Abdulaziz approved a comprehensive constitution that was called the “Basic Directives ( Al-Ta’limat al-Asasiah) for the Hijaz region.” The document was in line with the constitutions of many modern States and may also be regarded as the precursor for future ones. The “Hijaz Constitution” consisted of nine sections and 79 articles addressing core constitutional issues such as the system of government, administrative responsibility, the affairs of the Kingdom of the Hijaz, the Accounting Department, the Inspectorate General, the Kingdom’s civil service, the general municipal councils and the municipal administrative committees. Most importantly, the fourth article of that document established several governmental bodies which included the Consultative Council, administrative councils, district councils and village and tribal councils. [4]

In 1927, the Commission on Inspection and Reform, which was tasked with reviewing the administrative system, was formed by order of Abdulaziz. Recommending courses of action for administrative reform, the Commission proposed a new law for the Consultative Council which was approved by Abdulaziz in July 1927. This new Consultative Council was responsible for informing the Government of any errors in the application of laws and statutes. Its functions also extended to other areas, including budgets, construction project awards and licenses, expropriation of private property, employment of foreign nationals and the drafting of laws and statutes.[5]

In light of the complexities of the modern era, Abdulaziz approved the Commission on Inspection and Reform’s recommendations and the Council of Deputies (Majlis al-Wukala) was created in January 1932. The Council of Deputies functioned for 23 years, acting as a small council of ministers for the Hijaz until the creation in 1953 of the Council of Ministers with jurisdiction over all the provinces of the Kingdom. [6] In September 1932, the country was united as the Kingdom of Saudi Arabia. This major step brought all Saudi Arabian citizens under the umbrella of a unified constitutional and administrative system and facilitated the establishment of new national structures.

The discovery of oil in the Eastern Province in the 1930s, coupled with the increasing complexity of governmental affairs, rendered the earlier type of administration inadequate.[7] To ensure a more effective administrative organization, several ministries were created, including the Ministry of Foreign Affairs (1930), the Ministry of Finance (1932), the Ministry of Defence (1944), the Ministry of Interior, and the Ministry of Communications (1953). The new State successfully established foreign relations based on diplomatic representation, for which ambassadors were appointed. [8] In addition, a number of centralized departments were set up which eventually paved the way for the establishment of the Council of Ministers. [9]

In October 1953, King Abdulaziz announced the establishment of the Council of Ministers. In furtherance of his father’s efforts, King Sa’ud bin Abdulaziz (1953-1964) inaugurated the first session of the Council of Ministers in March 1954. At the time of its establishment, the Council of Ministers served as an advisory body to the King. In 1958, Faisal bin Abdulaziz, Crown Prince and Prime Minister, transformed the Council of Ministers into a legislative, executive and administrative body with decision-making powers. Most of the Kingdom’s basic constitutional principles were embodied in the Law of the Council of Ministers. Between 1959 and 1960, Faisal made an earnest attempt to introduce modern constitutionalism into the Kingdom, but his endeavours did not go beyond the proposal phase. However, many of the country’s government ministries, agencies and welfare administrations were developed during King Faisal’s reign (1964-1975); the Ministry of Justice is a case in point, having been established by King Faisal in 1970. [10]

During the 1980s, the Council of Ministers formulated the Kingdom’s policies on domestic as well as foreign affairs. It also played a leading role in the implementation of policies relating to the national economy, education, social welfare and most public affairs. Focusing on the needs of Saudi citizens, the government agencies were considerably expanded during the 1980s. After the establishment of the Ministry of Municipal and Rural Affairs in 1975, the Municipal and Rural Affairs Law was promulgated under the terms of which municipal councils were formed to promote the shift towards decentralization. [11] During the reign of King Khalid bin Abdulaziz (1975-1982), a Royal Order was issued for the formation of a high-level committee of experts and senior officials to draft the Basic Law, the Law of the Shura Council and the Law of the Provinces. That distinguished committee, chaired by H.R.H. Prince Naïf bin Abdulaziz (1934- 2012), put a tremendous amount of effort into the drafting of those legislative enactments. [12]

Through consultation and a constant awareness of the people’s needs and aspirations, King Fahd bin Abdulaziz (1982–2005) initiated the evolution of Saudi Arabia’s Constitution. On 1 March 1992, he promulgated three fundamental enactments under Royal Decrees Nos. A/90-92 which transformed the domestic political environment:

• The Basic Law of Governance (hereinafter referred to as the Basic Law);
• The Law of the Shura (Consultative) Council; and,
• The Law of the Provinces. [13]

The political reforms of the 1990s expanded the scope of Saudi Arabian democratic values into the areas of decision making and checks and balances. Several Royal Orders have been issued amending those constitutional documents, including the Law of the Council of Ministers, in keeping with Saudi Arabia’s constitutional evolution. [14] Those fundamental enactments and their amendments enhanced participation by citizens in the conduct of public affairs and recognized the role played by civil and political rights in governance. [15]

2.2. Succession Process

The legitimacy of the Al-Sa’ud monarchy did not emerge solely from its adherence to the constitutional and Islamic principle of consultation; it also derives from the relatively smooth transitions in kingship which stemmed from King Abdulaziz’s truly significant decision to apply the concept of allegiance (bay’ah) established by the Shari’ah and sanctioned by tradition. The Basic Law confirms that the system of government is monarchical and reserves the right to rule to the children and grandchildren of King Abdulaziz bin Abdurrahman bin Faisal Al-Saud. [16] Prior to 1992, the throne had passed to one of the sons of King Abdulaziz on the basis of seniority and family consensus. This allowed a smooth transfer of power over six decades, covering four accessions to the throne .[17] The Basic Law of 1992 introduced provisions regulating the succession process. [18] It established two precedents: an acknowledgement that the grandsons of King Abdulaziz were legitimate candidates for the throne, and a royal prerogative to appoint and to remove the Crown Prince.

Article 5 (b) of the Basic Law introduced changes in the rules of succession by allowing the selection of a King or Crown Prince from among the grandchildren of the founding King, Abdulaziz bin Abdurrahman bin Faisal Al-Sa’ud, on the basis of “suitability” and “the most upright among them,”[19] rather than seniority. The most upright among them is to be pledged allegiance in accordance with the principles of the Holy Qur’an and the Traditions of the Venerable Prophet.[20] Before its amendment, article 5 (c) of the Basic Law gave the reigning monarch absolute authority to appoint and dismiss his heir apparent, thereby circumventing the traditional role of the family in this decision. [21] Article 5 (d) of the Basic Law further stipulates that: “The Crown Prince shall devote himself exclusively to the functions of his office and shall perform any other duties assigned to him by the King.” [22] The Basic Law of Governance indicates that, upon the death of the King, the Crown Prince shall assume the royal powers until a pledge of allegiance is given. Under the terms of article 5 (e) of the Basic Law: “The Crown Prince shall assume the powers of the King upon his death until the pledge of allegiance is given.”[23] Article 6 of the same Law requires citizens to pledge allegiance to the King in accordance with the Qur’an and the traditions of the Prophet, in submission and obedience, in times of ease and difficulty, fortune and adversity. [24]

On 19 October 2006, King Abdullah issued a Royal Decree establishing the Pledge of Allegiance Commission, which is the body responsible for determining future succession to the throne of Saudi Arabia, with a view to further stabilizing the country and institutionalizing the process of succession.[25] The Decree approved the Law of the Pledge of Allegiance Commission which comprises 25 articles regulating matters of governance, including allegiance to the King and the selection of the Crown Prince, in order to prevent the development of a constitutional vacuum or political chaos. [26] The Commission was formed by King Abdullah on 7 December 2007. This landmark law was a major development in terms of constitutional and legal reform, indicating the scope of the Kingdom’s democratization and modernization. [27]

On the same day, a Royal Order amended article 5 (c) of the Basic Law, which previously empowered the King to choose and remove his Crown Prince, in a manner consistent with the new Law. The amendment states that “the pledge of allegiance to the King and the selection of his Crown Prince should be effected in accordance with the provisions of the Law of the Pledge of Allegiance Commission.” [28] Article 7 of the aforementioned Law defines the way in which the Crown Prince is to be selected. It states as follows:

(a) After receiving the pledge of allegiance and after consultation with members of the Commission, the King shall choose one, two or three persons whom he deems fit to be Crown Prince. His choice shall be submitted the Commission, which shall endeavour to agree on one nominee to be named Crown Prince. If the Commission does not nominate any of them, it shall nominate another person whom it deems fit to be Crown Prince.

(b) The King may at any time request the Commission to nominate a person whom it deems fit to be Crown Prince. If the King disapproves of the Commission’s nominee in accordance with paragraphs (a) or (b) of this article, the Commission shall vote on its nominee and another chosen by the King and the one with the majority of votes shall be appointed Crown Prince.[29]

The Law of the Pledge of Allegiance Commission also makes provision for the possibility of the King becoming incapacitated. In the event of the King permanently losing his ability to exercise his powers, the Commission would declare the Crown Prince as King. [30] If both the King and the Crown Prince were to become permanently incapacitated, the Commission would form a five-member Transitional Ruling Council to temporarily assume the administration of the Kingdom. The Commission would also select a new King within seven days.[31]

In 2014, the Commission endorsed King Abdullah’s decision to create the position of “Wali Wali al-‘Ahd” (Deputy Crown Prince),[32] who would become Crown Prince only if the position of Crown Prince were vacant and who could become King in one single eventuality: vacancy of the positions of both King and Crown Prince at the same time. While the Deputy Prime Minister used to automatically become Crown Prince, the creation of the position of Deputy Crown Prince, in accordance with Royal Decree A/86 issued in March 2014, is optional. As a consequence, a Crown Prince could be selected directly by the Pledge of Allegiance Commission in future. [33]

The smooth transition of power from King Fahd to King Abdullah and subsequently to King Salman is generally considered the most important factor in the Kingdom’s and the region’s stability, and an indication that the Kingdom will continue to prosper, as it has since the founding of the modern State. The Royal Family has always shown wisdom in handling affairs and has always manifested solidarity in times of crisis. Nevertheless, stability is a fragile concept in the Middle East. Fortunately, in a Middle East that is increasingly characterized by instability, the Saudi Royal Family has moved swiftly and resolutely to project an image of certainty for the benefit of both domestic and international stability.

On 21 June 2017, King Salman issued Royal Order No. A/256 amending article 5 of the Basic Law by adding a sentence to the end of paragraph (b) stating that “There shall be, after the sons of the founding King, no King and Crown Prince belonging to the same branch of the founding King’s descendants.” [34] This latest amendment means that the sons of King Abdulaziz, including King Salman, have the right to name the Crown Prince from their offspring. Each of the sons of King Abdulaziz heads a branch of his descendants that includes his sons and grandchildren, and so on. But “sons of children,” that is, the grandchildren of the founder, when they assume the throne, are not entitled to appoint a Crown Prince from the same branch to which they belong.

On the same date of this amendment, King Salman issued Royal Decree No. A/255 naming H.R.H. Prince Mohammed bin Salman bin Abdulaziz Crown Prince, Deputy Prime Minister and Minister of Defence. [35] With the investiture of H.R.H. Prince Muhammed bin Salman as Crown Prince, the effective transition of rule in Saudi Arabia from the generation of the founder’s sons to the generation of his grandchildren has begun. The above Royal Order provided for a smooth transfer of power and revealed the intention of King Salman to pump young blood into the Kingdom’s succession process and local government. [36]

2.3. Saudi Arabia’s Vision 2030

In 2016, H.R.H. Prince Mohammed bin Salman unveiled an ambitious and wide-ranging plan to bring economic and social change to the Kingdom and end its dependence on oil. The Saudi Vision 2030 was adopted by Council of Ministers resolution No. 308, dated 18/7/1437 A.H. (corresponding to 25/04/2016), as a methodology which defines public policies, programmes and initiatives and mobilizes the country’s capabilities and natural resources. The Vision 2030 is built on three pillars that draw on the Kingdom’s intrinsic strengths: a dynamic society, a thriving economy and an ambitious nation. These three pillars, which are integrated to achieve the Kingdom’s objectives, draw on the Kingdom’s intrinsic strengths as the heart of the Arab and Islamic worlds, the investment powerhouse and the hub connecting three continents. [37]

Vision 2030 comprises 96 strategic objectives, based on a clear methodology to enable effective implementation and governed by key performance indicators, which will be achieved through a number of initiatives jointly developed and executed by various governmental entities alongside private and non-profit organizations within the respective ecosystems. The Council of Economic and Development Affairs has set up an effective and integrated governance model with the aim of translating “Vision 2030” into multiple VRPs working in parallel to achieve the strategic objectives and realize the vision. At its session held on 24 April 2017, the Council of Economic and Development Affairs identified a list of 12 programmes to achieve the vision including: the Diouf Al-Rahman [Pilgrimage] Programme, the National Transformation Programme, the Public Investment Fund, the National Industrial Development and Logistic Programme, the Financial Sector Development Programme, the Lifestyle Improvement Programme, the National Entrepreneurship Programme, the Strategic Partnership Programme, the Housing Programme, the Privatization Programme, the Saudi Personal Enhancement Programme and the Fiscal Balance Programme (See Chart 1). [38]

Chart 1: Programmes to Achieve the Kingdom’s Vision 2030

 

In order to build the institutional capacity and capabilities needed to achieve the ambitious goals of Saudi Arabia’s “Vision 2030,” the National Transformation Programme 2020 was launched across government agencies. The programme’s strategic objectives are linked to interim targets for the year 2020. The National Transformation Programme consists of eight themes, comprising 37 strategic objectives, with key performance indicators and a number of initiatives (See Chart 2).

Chart 2: The National Transformation Programme themes

 

The National Transformation Programme seeks to achieve governmental operational excellence, improve economic enablers and enhance living standards by: (1) accelerating the implementation of primary and digital infrastructure; (2) involving stakeholders in identifying challenges, co-creating solutions and contributing to the implementation of the programme’s initiatives. [39] In short, in keeping with the amendment to article 5 (b) of the Basic Law, the Saudi Vision 2030 will provide the younger generations with a stable and reliable future. For more information on these programmes, please visit the Saudi Vision 2030 website.

2.4. Participation in Decision Making

The Executive Branch has developed various opportunities for citizens to participate directly in decision making. Candidates for most executive positions in the Kingdom of Saudi Arabia are chosen through elections, whereby citizens can participate effectively in the decision-making process. This is considered significant in the Kingdom’s progress towards building a participation-based society. For example, municipal council elections allow citizens to participate in the decision-making process by voting for competent and experienced candidates who will manage local affairs and municipal services. Municipal councils draw their significance from the contribution of citizens to the management of services in the government agencies. [40] This contribution helps to support government decision making at all levels in the public interest. Moreover, this contribution allows citizens to share responsibility with government agencies, thereby increasing their awareness and spirit of initiative. [41]

According to article 12 of the Municipal Councils Law of 2014, the Municipal Council should have no more than 30 members, two thirds of whom should be elected and one third appointed by decision of the Minister. [42] The Municipal Council serves for a term of four financial years beginning on the date of the start of the State’s fiscal year. [43] The Municipal Councils Law grants women equal rights with men to vote and stand for election.

On 12 December 2015, municipal council elections were held in Saudi Arabia for two thirds of the seats on 284 municipal councils, with both male and female candidates and voters. As many as 20 female candidates were elected to the approximately 2,100 municipal council seats being contested. [44] In addition, in order to ensure women’s participation in the decision-making process, Royal Order No. A/44 of 11 January 2013 amended article 3 of the Law of the Shura Council to set women’s representation in the Council at not less than 20 per cent of the total number of members, their rights, obligations and functions being determined by Royal Order. [45] Accordingly, King Abdullah, and after him King Salman, appointed 30 women to the previously all-male Shura (Consultative) Council, marking a historic achievement in the push for reforms in the Kingdom (See Chart 4). [46]

Other forms of citizen participation include election of the councils of the Chambers of Commerce and Industry through direct ballot by members; selection of a distinguished and efficient head lends chambers the momentum to push forwards. University students use elections to select the presidents of student clubs, choosing the person they regard as the representative best able to realize their desires and objectives. Engineers select representatives to be assigned leadership positions on the Saudi Council of Engineers; these representatives organize and manage the affairs and requirements of all engineers in Saudi Arabia. The board of the Saudi Council of Journalists is constituted through election in which all members participate. The board members of cooperative societies working in Saudi Arabia, some 162 societies in all, are selected by election. Board members of Saudi sports clubs are also chosen by election. Workers have the right to choose members of the labour committees which are established in any corporation employing more than 100 persons. Members of cultural associations (literary clubs, culture and arts associations, etc.) select their representatives through general assemblies. [47]

In addition, by stressing the need for women and young adults to claim their place in decision-making, the Kingdom’s Vision 2030 manifested its commitment to ensure their rapid and large-scale empowerment. Today, the empowerment of women and young adults is illustrated by the appointment of many of them in prominent decision-making positions. The Kingdom’s major accomplishment in enacting the Protection from Abuse Law of 2013, [48] the Child Protection Law of 2014[49] and subsequently the Juveniles Law of 2018, [50] the Anti-Harassment Law of 2018[51] and the amendment to the Traffic Law giving women the right to drive marked the beginning of real change.

With a view to supporting the targets of the Kingdom’s ambitious Vision 2030, Council of Ministers decision No. 684 of 27 July 2019 approved the amendment of the Travel Documents Law, the Civil Status Law and their by-laws affecting Saudi women’s freedom of movement, thereby allowing women over 21 to travel abroad freely and obtain passports without permission from their male guardian. Mothers who have primary custody of their children can now also apply for passports and grant travel permission for their children. [52]

In addition to the amendments to the Travel Documents Law and its by-law, other amendments to the Civil Status Law and its by-law were enacted with the aim of improving the legal status of Saudi women. For instance, the residential address of Saudi women is no longer limited to their husband’s address. The amendments also permit women to report the birth of their new born children to the authorities in order to receive a birth certificate.[53]

Ground-breaking reforms to allow women greater economic opportunities were also enacted in 2019. Legal amendments now protect women from discrimination in employment, including job advertisements and recruitment, and prohibit employers from dismissing a woman during her pregnancy and maternity leave. Saudi Arabia also standardized the retirement age for both women and men at 60 years, thereby extending women’s working lives, earnings and contributions.

Saudi Arabia’s record number of reforms earned the country a place in the top 10 global business climate improvers according to the World Bank Group’s Doing Business 2020 Report. The country saw its biggest improvement in the index since 2017, increasing by 38.8 points. These reforms were spurred by a realization that women play an important role in moving Saudi Arabia closer to its Vision 2030 (See Chart 3). [54]

Chart 3: Saudi Arabia’s Progress in the World Bank Group’s Doing Business 2020 Report

 

3. The Basic Law of Governance

The Basic Law is the most important of the three fundamental constitutional enactments promulgated in 1992, being equivalent to the constitution in other countries . It specifically states that the Qur’an and the Sunnah of the Prophet Muhammad represent the Kingdom’s Constitution. [55] Article 7 of the Basic Law confirms the Shari’ah (Islamic religious law) as the bedrock of the Kingdom, stipulating that the Government derives its authority from the Qur’an and the Sunnah which are the principal sources of all the State’s administrative regulations. [56] It emphasizes that the State’s role and objective is to protect the principles of Islam and enforce the Shari’ah.[57] The document is guided by Islamic law when defining the nature, objectives and responsibilities of the State and the relationship between the ruler and the ruled based on brotherhood, consultation, friendship and cooperation.[58]

The Basic Law’s significance emerges when considering its similarity to the constitutions of other countries in terms of content. The Basic Law contains nine chapters: General Principles; Law of Governance; Saudi Social Values; Economic Principles; Rights and Obligations; State Authorities; Financial Affairs; and Audit Institutions. It confirms the monarchical system of the land[59] and reaffirms the following principles of governance: justice, consultation and the equality of citizens under the Islamic Shari’ah. [60] It emphasizes the basic features of the Saudi family and the importance of Islamic values, justice and family cohesion. [61] In addition, the Basic Law’s articles on economic principles, rights and obligations emphasize that the State must protect human rights in conformity with the Islamic Shari’ah,[62] safeguard the Kingdom’s public funds,[63] ensure the inviolability of private homes and private communications, [64] and guarantee the protection of private property [65] and individual freedom from arbitrary arrest and punishment, except in conformity with due process of law.[66] It places the State under an obligation to provide health care for all citizens, support those “in situations of emergency, sickness and old age” [67] and enact laws to protect workers and employers. [68]

Chart 4: Saudi Arabia’s Constitutional Evolution

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4. State Authorities

The Basic Law gives a detailed definition of each State authority, including the judicial authority, the executive authority and the legislative authority. It also addresses their interrelationships. [69] However, there is no separation of powers, especially between the legislative and the executive branches.[70]

4.1. The Executive Branch

The Kingdom’s executive branch consists of the King, the Council of Ministers (also known as Cabinet), local governments, branches of ministries and other independent and quasi-independent public agencies.

The King exercises ultimate authority over the executive branch, being the focal point of all authority; [71] he is also commander-in-chief of all the military forces. [72] In accordance with article 55 of the Basic Law, the King conducts national policy in conformity with the provisions of Islam. He oversees the implementation of the Islamic Shari’ah and of Saudi Arabian statutory laws, regulations and resolutions, as well as the nation’s system of government and the State’s general policies.[73] In times of emergency, the King is granted extraordinary powers which allow him to take urgent measures and enforce the regulations deemed necessary to deal with a national crisis. [74] In addition, the King exercises functions similar to those of a Prime Minister, [75] with the power to appoint and dismiss ministers. [76] He supervises the Council of Ministers, the ministries and the government agencies. He also directs overall State policy, provides guidance for the various government agencies and ensures the ongoing harmony and unity of the Council of Ministers.[77]

The Council of Ministers was established by King Abdulaziz in 1953. It consists of the King, who is the Prime Minister, the Crown Prince, who is the Deputy Prime Minister, and Cabinet ministers . It is the Kingdom’s direct executive authority, empowered to determine the nation’s domestic, external, financial, economic, educational and defence policies, and plays the same supervisory role in regard to the conduct of the State’s general affairs. It has final authority over the executive and administrative affairs of all ministries and other government agencies.[78] It also has the authority to monitor the implementation of laws, regulations and resolutions, establish and organize public institutions and follow up on the implementation of general development plans. [79] Article 30 of the Law of the Council of Ministers was amended to include the Council’s Chairmanship, General Secretariat and Bureau of Experts among its administrative organs.[80]

In the context of continuous development and the provision of services to the population at large, and after the promulgation of the Law of the Council of Ministers by Royal Order No. A/13 on 21 August 1993, several Royal Orders were issued changing the composition of the Council. On 2 August 1995, King Fahd issued a Royal Decree dissolving the Council of Ministers and announcing the names of ministers in the new Cabinet under his chairmanship. On 16 June 1999, Royal Orders made changes to the Cabinet and created a 22nd ministry, the Ministry of Civil Service. On 16 July 2001, the Council of Ministers resolved to divide the Ministry of Agriculture and Water and create a 23rd ministry; the new minister was named on 16 September 2002 and the Ministry of Water came into existence on that date. On 30 April 2003, King Fahd issued a Royal Order renaming a number of ministries and dissolving two of them with effect from 3 May 2003, namely: the Ministry of Public Works and Housing, the functions of which were transferred to the Ministry of Municipal and Rural Affairs and to some government agencies; and the Ministry of Industry and Electricity, the electricity section of which was transferred to the Ministry of Water, renamed as the Ministry of Water and Electricity, while its industrial section was transferred to the Ministry of Commerce, renamed as the Ministry of Trade and Industry. On 23 December 2003, he appointed a sixth minister of state with special responsibilities for the affairs of the Consultative Council (Majlis Al-Shura). On 22 March 2004, the Ministry of Labour and Social Services was split into two. Hence, there are now 22 ministers with portfolio. On 24 July 2005, a new minister of state was appointed with special responsibilities for foreign affairs. On 25 March 2011, King Abdullah issued a Royal Order establishing the Ministry of Housing.

On 7 May 2016, the Ministry of Petroleum and Mineral Resources was renamed as the Ministry of Energy, Industry and Mineral Resources; the Ministry of Trade and Industry was renamed as the Ministry of Commerce and Investment; the Ministry of Hajj was renamed as the Ministry of Hajj and Umrah; the Ministry of Water and Electricity was dissolved and a new Ministry of Water, Environment and Agriculture was formed; the Ministry of Islamic Affairs, Endowment, Da’wah and Guidance was renamed as the Ministry of Islamic Affairs, Da’wah and Guidance; and the Ministries of Labour and Social Affairs were integrated into the Ministry of Labour and Social Development. The Ministry of Higher Education and the Ministry of Education were merged into one ministry under the name of the Ministry of Education. [81]

A series of Royal Decrees issued on 25 February 2020 formed three new ministries and merged two others. A Ministry of Human Resources and Social Development was established by merging the Ministry of Civil Service with the Ministry of Labour and Social Development. The General Investment Authority was transformed into a Ministry of Investment and the General Authority for Sports was transformed into a Ministry of Sports. Another Royal Order transformed the General Authority for Tourism and National Heritage into a Ministry of Tourism. [82] The Council of Ministers now includes 11 ministers of state and the following 23 ministries:

• Ministry of Defence
• Ministry of Energy
• Ministry of Interior
• Ministry of National Guard
• Ministry of Foreign Affairs
• Ministry of Culture
• Ministry of Islamic Affairs, Da’wah and Guidance
• Ministry of Justice
• Ministry of Media
• Ministry of Commerce
• Ministry of Investment
• Ministry of Health
• Ministry of Municipal and Rural Affairs
• Ministry of Environment, Water and Agriculture
• Ministry of Housing
• Ministry of Hajj and Umrah
• Ministry of Finance
• Ministry of Communications and Information Technology
• Ministry of Transport
• Ministry of Economy and Planning
• Ministry of Human Resources and Social Development
• Ministry of Industry and Mineral Resources
• Ministry of Tourism
• Ministry of Education
• Ministry of Sports[83]

Recent changes to the Cabinet are consistent with the general push in the Kingdom towards the achievement of Vision 2030. Some of the reforms clearly address and rationalize instances of duplication or overlapping of governmental authority. It is also clear that the economic and social transformation agenda continues to be a major priority. [84]

Local governments, branches of ministries and other public agencies in the Kingdom’s various regions are considered to be parts of the executive branch. The Law of the Provinces divides the country into several provinces which are subordinate to the central government and accountable to the Minister of Interior.[85] The Law of the Provinces states that the purpose of dividing the country into several provinces is to improve the level of administrative efficiency and development, maintain security and order and safeguard the rights and freedoms of citizens within the framework of the Islamic Shari’ah. [86] This indicates that the provinces enjoy considerable financial and administrative independence as part of a major effort to decentralize authority in the Kingdom.

In addition, the Council of Ministers has the power to set up committees to review the conduct of ministries or other government agencies or examine specific cases that might be brought to its attention. [87] Several councils and committees have been established “to address particular issues falling within the Council of Ministers’ function of determining State policy.” The competence and membership of each council or committee and the nature of its decisions are always defined in the decree under which it was established.”[88] Examples of previous established councils and committees include: the Supreme Council for Higher Education, the Supreme Council for Islamic Affairs, the National Security Council and the Higher Committee for Administrative Reform. Following his accession to the throne on 23 January 2015, King Salman made sweeping changes to office holders and institutions, included abolition of the following councils and commissions:

• Higher Committee for Education Policy;
• Higher Committee for Administrative Organization;
• Civil Service Council;
• Higher Commission of King Abdulaziz City for Science and Technology;
• Council for Higher Education and Universities;
• Supreme Council for Education;
• Supreme Council for Petroleum and Minerals;
• Supreme Economic Council;
• National Security Council;
• Supreme Council of King Abdullah City for Atomic and Renewable Energy;
• Supreme Council for Islamic Affairs;
• Supreme Council for Disabled Affairs.

Royal Decree No. A/69 of 29 January 2015 established two councils that are administratively linked to the Council of Ministers: the Council of Political and Security Affairs (CPSA) and the Council of Economic and Development Affairs (CEDA). [89] The Council of Political and Security Affairs is composed of several members who are all from the foreign, security and intelligence services: Minister for Foreign Affairs; Minister of Defence; Minister of Interior; Minister of Media; Minister of State for Foreign Affairs; Head of the Intelligence Presidency; Head of the State Security Presidency; National Security Advisor; Minister of the National Guard; Vice-Minister of Defence, and other ministers of State. The Cabinet session of 9 February 2015 approved the organization of the departments of the Council of Ministers and, in particular, the Council of Political and Security Affairs’ responsibility to identify trends, visions and goals in political and security-related fields, to review and coordinate strategies and plans therein and to follow up on their implementation.[90]

The Council of Economic and Development Affairs is composed of around 22 members,[91] all of whom are appointed by Royal Decree: Minister for Foreign Affairs; Minister of Human Resources and Social Development; Minister of Tourism; Minister of Culture; Minister of Media; Minister of Health; Minister of Education; Minister of Environment, Water and Agriculture; Minister of Energy; Minister of Communications and Information Technology; Minister of Housing; Minister of Municipal and Rural Affairs; Minister of Finance; Minister of Economy and Planning; Minister of Hajj and Umrah; Minister of Transport; Minister of Justice; Minister of Commerce; Minister of Investment; Minister of Industry and Mineral Resources; Head of the Bureau of Experts; ministers of State and others. The Cabinet session of 9 February 2015 approved the responsibility of the Council of Economic Affairs and Development to identify trends, visions and goals relating to economic affairs and development, to review and coordinate strategies and plans in that regard and to follow up on their implementation. [92]

Both Councils are currently presided over by H.R.H. Crown Prince Mohammed bin Salman, Deputy Prime Minister and Minister of Defence. Each Council has a secretariat attached to the General Secretariat of the Council of Ministers and including a number of advisors and specialists in the areas falling within its field of specialization. Each Council also has a project management office, based in the General Secretariat of the Council of Ministers, which is responsible for verifying the commitment of the parties involved in the implementation of strategies, plans, orders, decisions, goals and visions relating to the functions of the Council and monitoring the projects which those parties implement.

Various independent and quasi-independent administrative agencies have also been established, mainly to address the social, economic and administrative challenges that have been facing the Kingdom since its foundation. These agencies vary widely in their functions, structures and powers, which are defined in the decree under which the agency was established. Most of these agencies are under the direct supervision of the King, in his capacity as Prime Minister, or of the Council of Ministers or particular ministries or government agencies. [93] King Salman has issued a number of Royal Decrees creating several authorities, presidencies, corporations, councils, agencies, funds and centres in order to organize governmental and administrative affairs and cope with the social, economic, financial and security challenges. The previous and recently established government agencies can be classified as:

• Economic Agencies (e.g. General Authority of Civil Aviation, General Authority of Zakat and Tax, Royal Commission for Jubail and Yanbu, Local Content and Government Procurement Authority, and Saudi Ports Authority);
• Educational, Training and Consulting Agencies (e.g. Education Evaluation Commission, Institute of Public Administration, Technical and Vocational Training Corporation and Saudi public universities);
• Social Welfare Agencies (e.g. Public Pension Agency, Saudi Red Crescent Authority and General Organization for Social Insurance);
• Investment and Financial Agencies (e.g. Capital Market Authority, General Real Estate Authority, Saudi Customs Authority, Saudi Arabian Monetary Authority, Public Investment Fund, Saudi Arabian Agricultural Bank and Saudi Industrial Development Fund);
• Security Agencies (e.g. Presidency of State Security, General Intelligence Presidency, Saudi Royal Command, National Cybersecurity Authority and National Security Centre);
• Islamic Affairs Agencies (e.g. General Presidency of Islamic Research and Ifta, General Presidency of the Grand Mosque and the Prophet’s Mosque and General Presidency of Promotion of Virtue and Prevention of Vice);
• Oversight Agencies (e.g. Control and Anti-Corruption Commission and Human Rights Commission);
• Communication Agencies (e.g. Communications and Information Technology Commission);
• Intellectual Agencies (e.g. General Authority for Culture and Saudi Authority for Intellectual Property);
• Information and Information Technology Agencies (e.g. Saudi Data and Artificial Intelligence Authority, General Commission for Survey, General Authority for Statistics, Saudi Geological Survey, National Centre for Archives and Records);
• Development Agencies (e.g. Economic Cities Authority, Riyadh Royal Authority, Royal Commission for the Governorate of Al-Ula, Makkah Region Development Authority, Saudi Authority for Industrial Cities and Technology Zones and Royal Commission for Makkah City and Holy Sites);
• Sport and Entertainment Agencies (e.g. General Entertainment Authority, Equestrian Club, Falcons Club, and Camel Club);
• Media Agencies (e.g. Saudi Broadcasting Authority and Saudi Press Agency); and
• Transport Agencies (e.g. General Authority of Civil Aviation, Public Transport Authority and Saudi Railways Organization). [94]

In summary, the Kingdom of Saudi Arabia has taken steady and confident steps towards the future, laying the foundations and constants needed to ensure the country’s growth and prosperity and develop its economy in various state-of-the-art ways that preserve the Kingdom’s achievements as the largest economy in the Middle East region. In this context, and within the framework of Vision 2030, Royal Decrees have been issued establishing a number of new bodies, all of which will work – each in its particular field – to further enhance the country’s financial resources and economic stability, promote promising investment opportunities, attract domestic and foreign investments, address many of the negative aspects observed before their establishment and provide a variety of services to many segments of society .[95]

4.2. The Legislative (Regulatory) Branch

The Islamic Shari’ah, derived from the Qur’an and the Sunnah, forms the basis of Saudi Arabia’s legal system. The Basic Law uses the term “regulatory authority” to refer to the Kingdom’s legislative authority, which is empowered to enact statutory laws and regulations and approve international treaties, agreements, regulations and concessions. Under the Islamic Shari’ah, God is the sole lawmaker; hence, the word “legislation,” which implies secular law, is not used in the Kingdom. The legislative authority is shared between the King, the Council of Ministers and the Consultative Council (Majlis al-Shura). [96]

The Basic Law states that the Islamic Shari’ah, divine in origin, is the basis of legislation. In addition to the rules of the Islamic Shari’ah, there is a vast range of statutory laws enacted in criminal, administrative, and commercial areas to keep pace with the Kingdom’s development. The King plays an essential legislative role in support of Shari’ah rule.[97] As the enforcer of divine law, the head of an Islamic State is granted broad discretion over matters of public interest—known as the field of Islamic public policy (al‑siyasah al-shar’iyyah).[98] Public interest ( al-maslahah al-mursalah) is one of the main areas in which Islamic governments such as that of Saudi Arabia deal with the comprehensive development of the country. State regulations are lawful and enforceable as long as they do not contravene divine law. The Saudi Basic Law clearly relies on al-maslahah al-mursalah as a basis for regulation, but only where there is no clear text in Islamic law which could regulate a given issue.[99] The Basic Law stipulates that: “The regulatory authority shall lay down regulations and proposals to further the interests of the State, or remove what might be prejudicial thereto, in conformity with the Islamic Shari’ah. The said authority shall exercise its functions in accordance with this Law and the Laws of the Council of Ministers and the Consultative Council.” [100]

In Saudi Arabia, the King has a major and independent rule-making function. The Basic Law designates the King as the ultimate authority over and above all the State authorities, including the regulatory authority. [101] He is empowered, as Head of State and Chairman of the Council of Ministers (Prime Minister), to enact, repeal or amend any laws and regulations by Royal Order. [102] In addition, the legislative process, which includes the drafting and enactment of international treaties, agreements, regulations and concessions, is approved or amended by Royal Decrees after first being reviewed by the Kingdom’s legislative bodies (the Council of Ministers and the Shura Council).[103] The King is free to accept or reject proposals from either of those two legislative bodies.

4.2.1. The Council of Ministers

The Council of Ministers simultaneously undertakes both executive and legislative functions. [104] It shares the legislative function with the King [105] and the Shura Council.[106] Each minister has the right to propose a bill of law or regulation relating to the affairs of his ministry. Any member may propose what he deems worthy of discussion at meetings of the Council of Ministers, subject to approval by the Prime Minister.[107] No meeting of the Council of Ministers is considered valid unless it attains a quorum of at least two thirds of its members. Resolutions are not considered valid without majority approval. In the event of a tied vote, the Prime Minister has a casting vote. In exceptional cases, meetings of the Council of Ministers may be considered valid if only half of the members are present. In such cases, however, resolutions are not considered binding without the approval of at least two thirds of the members present. [108] More significantly, decisions of the Council of Ministers, including those relating to the approval of legislative proposals and amendments, are not considered final until approved by the King. [109]

The Bureau of Experts is the legislative arm of the Council of Ministers. It consists of a Director, Deputy Director and Assistant Director, a General Panel of Counsellors and several special committees formed as required. The Bureau is entrusted with the following tasks and powers:

• Review and study case files referred to it by the Prime Minister, the Deputy Prime Minister or the Second Deputy Prime Minister, and the Council of Ministers and its sub-committees.
• Prepare draft laws and the requisite studies therefor, in cooperation with the agency concerned with each law.
• Review and propose amendments to current laws.
• Study agreements and case files establishing general rules or requiring issuance of royal decrees or those which concern more than one government agency.
• Draft appropriate forms for Royal Decrees, Prime Ministerial orders and Council of Ministers resolutions.
• Assist government agencies in reviewing issues brought before the Supreme Authority, the Council of Ministers or other supreme councils.

The Bureau has a General Panel of Counsellors consisting of the Director, Deputy Director and Assistant Director as well as counsellors. It convenes to study memorandums and minutes pertaining to bills of law, draft regulations and general rules prepared by members of the Panel and whatever the Chairman decides to bring before the Panel to be put into final format. The chairman and members of the Panel participate in several internal and external committees to review certain issues, take part in quasi-judicial committee meetings and attend conventions and seminars. [110]

4.2.2. The Shura (Consultative) Council

Legislative authority is also shared by the Shura Council, established pursuant to the Basic Law of 1992. In its current form, the Shura Council is an institution intended to exercise oversight functions and allow citizens to participate directly in the administration and planning of national policies and monitor the performance of government agencies, thereby opening up the Saudi decision-making process to greater public scrutiny and accountability. [111] In accordance with the Law of the Shura Council, every four years the King issues a Royal Decree inaugurating a new term of the Council. [112] The Council is composed of a chairman and 150 (previously 120) members. The King chooses the Shura Council members from among scholars and men of learning. [113] Fifty per cent of the Council’s membership must be replaced by newly selected members every four years.[114] Members of the Shura Council may not hold any other governmental or private managerial position unless so permitted by the King. [115]

The Shura Council submits opinions regarding public policy if so requested by the King, acting in his capacity as Chairman of the Council of Ministers. The Council has a broad mandate to comment on State affairs, including: the general economic and social development plan; international laws, charters, treaties, agreements and concessions; the interpretation of State laws; and annual reports submitted by ministries and other governmental bodies.[116] It has specialized committees, staffed by its members, which exercise the powers lying within its jurisdiction. [117] Most importantly, the Shura Council is empowered to propose new bills of law or amendments to existing laws and debate them within the Council. The Speaker of the Council submits its resolutions regarding new or amended laws to the King. [118] Unlike resolutions of the Council of Ministers, two thirds of the Shura Council’s members must approve a legislative proposal or amendment for it to be adopted. Resolutions are not considered valid unless approved by a majority of the Council’s members.[119]

The opinions of the Shura Council are subject to review by the King, who decides which resolutions will be referred to the Council of Ministers. If the Council of Ministers endorses the views expressed by the Shura Council, the resolutions are issued once the King has granted his approval. Every legislative proposal or amendment which becomes law must be approved by the two Councils and the King. If the views of the two Councils vary, the matter is referred back to the Shura Council which adopts whatever resolution it deems appropriate. The new resolution is then presented to the King, who takes the final decision. [120]

In the final stages of the enactment of any statutory law, the Council of Ministers considers the resolution adopted by the Shura Council and reviews the minutes that have been prepared by the Bureau of Experts of the Council of Ministers, taking into account any recommendations that might have been made by the General Committee of the Council of Ministers. If the Council of Ministers accepts the Shura Council’s proposal, it endorses the legislation and its secretariat draws up a Royal Decree approving its promulgation. The Royal Decree approving the legislation calls upon the Chairman of the Council of Ministers together with the ministries, within their respective fields of jurisdiction, to implement the Decree in question. The Office of the Chairman of the Council of Ministers circulates copies of the Decree to the ministries and departments concerned, including the Shura Council.

If necessary, the secretariat of the Council of Ministers (Office of the Chairman of the Council of Ministers) may issue a letter to the minister concerned laying down rules for the implementation of the regulations contained in the new statutory law. These rules require final approval by the Council of Ministers. The statutory law can then be published in the Official Gazette (Umm al-Qura) and enters into force on the expiration of a period of time (usually specified in the final article of the legislation) following its publication. The original authenticated copy of the enacted legislation is forwarded to the Information and Studies Centre attached to the Office of the Chairman of the Council of Ministers. The National Centre for Documents and Archives, likewise attached to the Council of Ministers, then publishes the new legislation in the Official Gazette (See Chart 5).

Chart 5: Legislative Authorities in Saudi Arabia

Click image to enlarge

It is important to note that, when drafting any legislation, the legislative authority must take care to ensure that the legislation does not conflict with a clear text of the Qur’an or valid Sunnah since they are the Kingdom’s Constitution and take precedence over all other enactments, including the Basic Law. [121] In addition, proposed legislation must comply with the provisions of the fundamental laws (e.g. the Basic Law). Finally, the legislative authority must lay down regulations and proposals to further the interests of the State, and remove what might be prejudicial thereto, in conformity with the Islamic Shari’ah. [122]

4.2.3. Advisory Authorities (The Council of Senior Ulama)

The Council of Senior Ulama (Religious Scholars) heads the religious establishment in Saudi Arabia. It is an official body, comprising the Kingdom’s most senior scholars, created in 1971 to issue fatwas on questions submitted to it by the Government or otherwise requiring the establishment of general rules. [123] The Basic Law recognizes the need for such a council. It states that: “The source of fatwa (religious legal opinion) in the Kingdom of Saudi Arabia shall be the Book of God and the Sunnah of His Messenger. The hierarchy and jurisdiction of the Council of Senior Ulama and the Department of Religious Research and Fatwa shall be defined by law.” [124] Although it is not part of the legislative authority, the Council of Senior Ulama has been a participant in the legislative process of enacting statutory laws. In many cases, its participation has been crucial in gaining public support for such laws.[125] In the February 2009 governmental reshuffle, King Abdullah expanded the Council to 21 members and, for the first time in Saudi history, extended membership to representatives from all four schools of Sunni jurisprudence, not solely the Hanbali madhab (school of law). [126] Similar bodies, albeit with a more academic composition and function, exist at the regional level. These include the Islamic Fiqh Academy of the Muslim World League, sponsored by Saudi Arabia and located in Makkah, and the International Islamic Fiqh Academy of the Organization of Islamic Cooperation which has its headquarters in Jeddah.

In August 2010, King Abdullah issued a Royal Decree stipulating that only officially approved religious scholars associated with the Council of Senior Ulama would be competent to issue fatwas. In the text of the Decree delivered to the Grand Mufti, King Abdullah wrote: “As part of our religious and national duty, we call upon you to ensure that fatwas are issued only by members of the Council of Senior Ulama and other duly authorized persons. Although individual fatwas on matters such as worship and personal relations are exempt from this ruling, they should concern only the questioner. There should be a total ban on any topics involving strange or obsolete views.” The Decree emphasized that it was a violation of Islamic law for unqualified individuals to issue fatwas, since that would undermine the official State institutions and encroach on the State’s jurisdiction. The Decree also instructed the Grand Mufti to designate the scholars qualified to issue fatwas. [127] The Council has established a new Fatwa Committee, affiliated to the Standing Committee, to supervise the issuance of fatwas and prevent unauthorized scholars from interfering therein. The new committee has opened offices throughout the Kingdom and is responsible for appointing approved scholars to evaluate the legitimacy of fatwas. [128] Such restriction was necessary because many individuals had begun to usurp the authority of official religious bodies and were issuing fatwas that gave rise to disputes and dissent among Muslims. [129]

4.3. The Judicial Branch

4.3.1. Introduction

The previous Saudi judicial system consisted of a Supreme Judicial Council, courts of appeal and courts of first instance (general courts and summary courts). Saudi Arabia also had an administrative judicial body known as the Board of Grievances (an independent administrative judicial system) which functioned in parallel with the court system and reported directly to the King. The Board’s judicial function was exercised through its first instance and appellate courts. Each of these judicial bodies had jurisdiction over cases brought before it in accordance with the law. In addition, the Saudi legal system used to have several administrative committees that adjudicated in civil, commercial, administrative and criminal cases. The judicial jurisdiction of each committee was determined by the decree under which it was constituted.

On 1 October 2007, King Abdullah issued Royal Decrees approving an overhaul of Saudi Arabia’s judicial system. The Law of the Judiciary established a High Court, which took over the functions of the Supreme Judicial Council as the highest judicial authority in the Kingdom. Another important change was the establishment of appellate courts in each province. The law made provision for specialized labour, commercial, criminal, personal status and civil courts, which are currently being established in areas, regions and centres as needed. Some of these courts are now hearing disputes that had previously been brought before special administrative committees.

The Law of the Board of Grievances ranks the Board’s hierarchy in the following order: seniority is held by the High Administrative Court, followed by the Administrative Courts of Appeal and, lastly, the Administrative Courts. The High Administrative Court was established to hear objections to rulings of the administrative courts of appeal. The administrative courts have jurisdiction in cases involving administrative decisions, compensation, contracts and disciplinary measures. King Abdullah also approved a functional approach with a view to ensuring a successful transition between the old and new systems.

Since the overhaul of Saudi Arabia’s judicial system has not yet been fully completed, this section presents a brief overview of the previous and current Saudi judicial systems and examines the qualifications, job performance and training of judges together with the safeguards provided to ensure their independence and impartiality.

4.3.2. The Previous Saudi Arabian Court System

In 1927, a Royal Decree inaugurated a relatively modern and sophisticated system of courts ‑ incorporating, for example, multiple-judge courts and regular appeals — which operated in the cities of Makkah, Madinah and Jeddah. Several Royal Orders were subsequently issued to regulate various aspects of the Shari’ah courts. A Royal Order issued in 1931 included provisions regulating court procedure. [130] In 1938, the Shari’ah Judicial Responsibility Law was promulgated. This Law comprised 282 articles regulating in detail the Shari’ah courts, their types, their jurisdiction and their judgeships. [131] Later, between 1956 and 1960, the jurisdiction of the court system was extended to the entire country, thereby standardizing the national judicial system. More specifically, in 1957, King Sa’ud implemented a judicial reorganization throughout the realm to parallel that found in Makkah, Madinah, and Jeddah. In 1960, he unified the two systems under the Presidency of the Judiciary in Riyadh, which extended the regulations developed for a few cities to the entire country.[132] This was part of the nationwide administrative unification that King Abdulaziz had set in motion when he ordered the creation of the Council of Ministers just before his death on 11 November 1953. In 1970, a Ministry of Justice was created by King Faisal to administer the country’s courts. [133] From 1970 to 1975, a modern administrative system for the courts was created in accordance with the Law of the Judiciary adopted in 1975, which contained several sections covering various aspects of the current judicial system; this will be examined later in the present study. The revitalization of Saudi Arabia’s judicial system reflects the nation’s adaptability to modern developments without compromising its religious and cultural values. [134]

The Basic Law of Governance requires courts to “…apply the rules of the Islamic Shari’ah in the cases that are brought before them, in accordance with what is prescribed in the Qur’an, the Sunnah and laws and statutes decreed by the Ruler which do not contradict the Book or the Sunnah.” [135] The application of Islamic law in the Saudi Arabian courts is based primarily on the rules of the Islamic Shari’ah as interpreted by the Hanbali school, the fourth orthodox school of law within Sunni Islam. [136] Although Saudi judges generally adhere to the Hanbali school of law, they theoretically enjoy a certain degree of discretion in adjudicating cases and are constrained solely by their own conscience in determining the will of God. [137] A Saudi judge is “guided … not only by the rules of fiqh (Islamic jurisprudential) doctrine but … by his own understanding of the texts of the Qur’an and Sunnah that support those rules; he believes that his judgment comes directly from those texts, not from the Hanbali books.” [138] Saudi judges also see themselves as morally guided and “…often appear as concerned with the present moral state of the parties as with their past acts or with legal outcomes.”[139] The judicial decisions of Saudi judges are legally valid and cannot be overruled unless they contradict an evident precept of the Qur’an or Sunnah or disregard interpretations or principles applied by higher courts. Saudi judges apply “ijtihad” [140] to reach decisions in cases not covered by the provisions of the Shari’ah. In such cases, they apply Islamic jurisprudential tools (e.g. analogy) to the sacred sources. In addition to the rules of the Islamic Shari’ah, a vast range of statutory laws have been enacted in criminal, administrative and commercial fields as required by the Kingdom’s development.

The competence of the previous Saudi judicial system was defined by the Law of the Judiciary, adopted in 1975. It was then reconfirmed in 1992 by the Basic Law of Governance. According to the Law of the Judiciary and the Basic Law of Governance, the courts have jurisdiction in all disputes and offences except those exempted from their jurisdiction by law. [141] However, different laws and regulations have granted jurisdiction in certain claims and offences to either the Board of Grievances or Administrative Committees. [142]

4.3.2.1. The Structure of the Previous Shari’ah (Ordinary) Court System

The 1975 Law of the Judiciary organized the court system in the following hierarchical order:

• Supreme Judicial Council;
• Courts of Appeal; and,
• Courts of First Instance (General Courts and Summary Courts).

Each of these courts had jurisdiction in cases brought before it in accordance with the law (see Chart 6). [143]

Chart 6: Simple Structure of the Previous Shari’ah (Ordinary) Court System

4.3.2.1.1. Supreme Judicial Council

Article 5 of the Law of the Judiciary of 1975 designated the Supreme Judicial Council as the highest authority in the current judicial system. [144] The Supreme Judicial Council was composed of 11 members. Five full-time members held the rank of Appellate Chief Justice and constituted the Standing Panel of the Council.[145] Five part-time members included an Appellate Chief Justice or his deputy, the Deputy Minister of Justice and three members with the longest record of service as chief judges of the general courts in Makkah, Madinah, Riyadh, Jeddah, Dammam and Jazan. All the members constituted the Plenary Panel of the Council, which was presided over by its chairman. [146] The Supreme Judicial Council was convened “as a Standing Panel composed of its full-time members, presided over by its chairman or by a person designated from amongst the most senior members of the judiciary.” [147]

Under the 1975 Law of the Judiciary, the Supreme Judicial Council exercised several administrative, legislative, consultative and judicial functions. In its administrative function—as defined by article 7 of the Law—the Council played a supervisory role in the court system within the limits laid down by the Law. [148] It was responsible primarily for “supervising the courts, administering the employment-related affairs of all members of the judiciary, such as appointment, promotion, transfer, assignment and secondment, within the limits laid down by the Law, monitoring the proper discharge of their duties and assigning members of the Inspectorate to inspect, discipline and terminate the services of judges.”[149]

In its judicial function, the Council reviewed judgments in certain types of cases involving qisas (retaliatory punishment), hudud (Qur’anic prescribed punishment) and ta’zir (discretionary punishment) penalties. In its legislative function, the Council’s role was crucial in establishing general principles and judicial precedents that lower courts were required to follow; the Council also looked into Shari’ah questions, referred to it by the Minister of Justice, which required a statement of general Shari’ah principles. In its consultative function, the Council reviewed and provided opinions on matters referred to it by the King or the Minister of Justice. [150] Meetings of the Council’s Standing Panel were governed by certain procedural regulations concerning attendance and voting. [151]

4.3.2.1.2. Courts of Appeal (Courts of Cassation)

The Saudi Courts of Appeal were the second tier in the previous Saudi Arabian “ordinary judicial system.” A Court of Appeal was composed of a chief justice and a sufficient number of senior judges from the legal community. The Court consisted of several panels with jurisdiction in criminal, personal status and other cases not falling within the other two categories. The Court of Appeal was empowered to establish as many panels as it needed and these panels were presided over by the chief justice or one of his deputies.[152] Previously, there were two Courts of Appeal in Saudi Arabia. One was in Makkah, which heard appeals from the lower courts in the western provinces, while the other was in Riyadh, which heard appeals from the lower courts in the central and eastern provinces. However, in the public interest and on the basis of a decision of the Court’s General Council, some of the panels used to hold all or part of their hearings in another city or establish branches in other cities. [153]

The Court of Appeal’s ruling was always delivered by a three-judge panel. However, in certain types of cases involving qisas, hudud andta’zir penalties, a five-judge panel delivered the ruling. [154] Panels of the Court of Appeal used to issue contradictory rulings because the Court’s primary concern was to review the general and summary courts’ application of the Shari’ah. The General Council of the Court of Appeal was assigned to settle those conflicts and harmonize the principles applied by the summary courts, the general courts or panels of the Court of Appeal. [155] The General Council of the Court of Appeal consisted only of active judges. [156] It was convened to consider “…organizing and forming the necessary panels and specifying their respective jurisdictions.” [157] It also discussed “…matters which, under the provisions of the Law of the Judiciary of 1975 or other laws, are to be examined by a plenary session of the Court.” [158] More importantly, it decided on whether interpretations or principles should be abandoned. Article 14 of the 1975 Law of the Judiciary stipulated that:

If one of the Court’s panels, while reviewing a case, deems it necessary to depart from an interpretation adopted by the same or another panel in previous judgments, the case shall be referred to a plenary ( en banc) session of the Court. Permission for such departure shall be given by a decision of the plenary session adopted by a majority vote of not less than two thirds of its members. If the plenary session does not so render its decision, it shall refer the case to the Supreme Judicial Council for a decision. [159]

Meetings of the General Council of the Court of Appeal were governed by certain regulations concerning members’ attendance and voting. [160] In general, the Courts of Appeal monitored the manner in which legal rules and the provisions of regulations were interpreted and applied by the general and summary courts. However, the primary function of the Court of Appeal was to review or hear objections to judgments issued by lower courts, which could be lodged either by the convicted person or the public prosecutor. Objections by convicted persons were permitted within 30 days from the date of the appellant’s receipt of a copy of the judgment, not counting official holidays.[161]

There were several circumstances in which a judgment warranted an automatic appeal to the Court of Appeal without a party filing an appeal, such as cases involving abduction, burglary or offences punishable by the death penalty. In particular, these circumstances included:

Cases in which the convicted person was the administrator of a waqf (religious endowment), a testamentary or legal guardian, a public treasury official or the equivalent thereof or if he was tried in absentia; cases involving abduction, burglary or offences punishable by death or amputation; cases in which the discretionary penalty exceeded forty lashes or ten days’ imprisonment; and cases in which the discretionary penalty involved both flogging and imprisonment. [162]

However, the Directives for the Review of Legal Judgments stipulated that judgments were final and not subject to review when the penalty imposed did not exceed—for example—500 riyals (US$ 133) in cash or when the penalty imposed was a ta’zir [163] (discretionary punishment) not exceeding forty lashes or ten days’ imprisonment. [164] The Court of Appeal usually reviewed cases without holding hearings unless they were necessary. [165] Appellants did not appear before the Court unless it decided otherwise. [166] The Court of Appeal had discretionary power to “permit appellants to submit new evidence to support the grounds of their appeal.” [167]

Finally, it is noteworthy that the Court of Appeal did not reverse lower court judgments; it either upheld and finalized such judgments unanimously or by majority vote or referred them back to the lower court trial judge(s) for modification with whatever comments it wished to make. If the judge(s) of the lower court maintained his/their opinion, the Court of Appeal could overrule the original judgment and have another judge or panel of the lower court review the case. [168]

4.3.2.1.3. First-Instance Courts

There were two types of first-instance courts under the previous Saudi Arabian court system:

• Summary Courts; and,
• General Courts.

Summary Courts: Summary courts were composed of one or more judges. The composition, jurisdiction and designation of the summary courts were determined by decision of the Minister of Justice on the recommendation of the Supreme Judicial Council.[169] The judgments of these courts were handed down by a single judge. [170] Summary courts used to have jurisdiction in certain hudud [171] (fixed punishment) cases, ta’zir cases (except those excluded by law) and decisions involving monetary damages or compensation that did not exceed one third of the diyah (blood money), [172] corresponding to 20,000 Saudi riyals or US$ 6,000). [173] They had jurisdiction in civil claims for sums amounting to less than 8,000 Saudi riyals (US$ 2,133).[174] There were more than 14 summary courts in Saudi Arabia. [175] A judge from each Shari’ah summary court was designated to hear juvenile cases at a social surveillance centre or welfare institution in accordance with the procedures for the trial of juveniles. [176]

General Courts: The second type of first-instance court was the general court. These were composed of one or more judges. The composition, jurisdiction and designation of the Saudi Shari’ah general courts were determined by decision of the Minister of Justice on the recommendation of the Supreme Judicial Council.[177] In particular, the general courts had jurisdiction to hear offences for which the penalty prescribed was either the death penalty or qisas (retaliatory punishment). [178] They also had jurisdiction in civil claims for sums totalling more than 20,000 Saudi riyals (US$ 6,000). A single judge rendered judgment in a general court, except in cases involved penalties such as death or retaliatory punishment which required a three-judge panel. [179] In such cases, the judges hearing the case decided on the appropriate discretionary punishment or otherwise, as required by the Shari’ah. [180]

General courts were not empowered to impose a death sentence by way of ta’zir, except by unanimous decision of the panel of judges. According to Article 129 of the Law of Criminal Procedure of 2001: “Failing such unanimity, the Minister of Justice shall assign two additional judges who, together with the three already sitting, shall be empowered to impose, either unanimously or by majority vote, a death sentence by way of ta’zir.”[181] There were more than 22 general courts in Saudi Arabia. [182]

The Law of the Judiciary of 1975 vested the Minister of Justice with power to define the jurisdiction of summary and general courts on the basis of a recommendation by the Supreme Judicial Council. [183] A similar provision gave the Minister of Interior the authority to specify, on the basis of a recommendation by the Director of the Bureau of Investigation and Public Prosecution, acts that constituted major offences warranting detention. [184] In 1976, the Minister of Justice issued an order defining the jurisdiction of the summary courts, as previously mentioned. In 2002, the Minister of Interior likewise issued an order defining acts that could be deemed to constitute major offences.[185] Finally, it is noteworthy that litigation before the Shari’ah courts is governed by the Law of Procedure before Shari’ah Courts adopted in 2000 and the Law of Criminal Procedure adopted in 2001.[186]

Special Courts: The Law of the Judiciary permitted the establishment of specialized courts “by Royal Order on the recommendation of the Supreme Judicial Council.” [187] Two types of specialized court where established within the court system: the Courts of Guarantee and Marriage (in Riyadh and Makkah) [188] which exercised jurisdiction in civil suits concerning marriage, divorce and child custody [189] and the Juvenile Court (in Riyadh) which heard cases of juvenile delinquency. [190] In other provinces, juvenile cases were heard by a judge from the court exercising local jurisdiction. In districts or provinces that had juvenile care centres, the summary court used to assign one of its judges to adjudicate such cases in those centres.

4.3.2.2. The Previous Structure of the Board of Grievances System (Administrative Courts)

The Board of Grievances (Diwan al-Mazalim) is the administrative judicial system of Saudi Arabia. Prior to the creation of the Board of Grievances in 1954, King Abdulaziz, following traditions set by Islamic rulers, personally adjudicated grievances and disputes, including those against government officials. King Abdulaziz made himself accessible daily to any citizen who appeared at his court with a grievance or a concern. Most effectively, he had installed next to the gate of his palace a box to which he alone possessed the key. A notice next to the box encouraged citizens to place therein any complaints that they had against an official, adding that “anyone who refrains from complaining of any injustice that he suffers at the hands of any official, whether senior or low-ranking, has no one to blame but himself.” [191] However, the notice required any complaint to be made in writing and duly signed. Any false complaints would be investigated and punished, while any anonymous or pseudonymous complaints would be ignored. [192] As the Kingdom expanded territorially, King Abdulaziz required all his government officials to be as committed to this concept as he was. [193]

An increasing number of disputes between government agencies and private contractors led to the creation of the Board of Grievances, which closely resembled the Conseil d’Etat (Council of State) in France, being the Supreme Court for administrative justice. [194] It was first formed as a department of the Council of Ministers pursuant to the latter’s Law. [195] However, in 1955, a Royal Decree declared it an independent board. The Board of Grievances had the authority to receive and investigate complaints, after which it would submit its report on the facts and circumstances surrounding each complaint, together with its recommendations, to the government minister concerned. Within two weeks of his receipt of the report, the minister was required to respond to the Board. If he did not accept the Board’s recommendations, the Board would refer the matter to the King, who had the final decision on the matter. [196] At a later date, the Board was assigned jurisdiction in disputes of a criminal nature such as bribery and commercial fraud, which transformed the Board’s function from administrative and investigative to judicial and adjudicative. [197] In 1967, the King issued a Royal Order according the Board judicial independence from the Shari’ah court system. The Order stipulated that no lawsuit against a government agency should be heard by any Shari’ah court without the King’s consent.[198]

In 1982, an enactment made significant changes to the nature of the Board of Grievances. The enactment established an independent administrative judicial body called the Board of Grievances that functioned in parallel to the Shari’ah courts, reporting directly to the King and operating outside the jurisdiction of the Ministry of Justice. [199] The Board of Grievances was composed of a President, one or more Vice-Presidents and a number of Assistant Vice-Presidents and members specialized in Shari’ah and law.[200]

Although article 1 stated that the Board was an independent administrative judicial body, it was authorized to hear cases and disputes to which the Administration was not a party. It was empowered to temporarily adjudicate criminal and commercial disputes and had exclusive authority to enforce foreign judgments and foreign arbitration awards. It covered four main categories of disputes:

• Disputes to which the Government was a party;
• Disputes involving unethical business practices subject to statutory provisions;
• Disciplinary actions against civil servants; and,
• Execution of foreign judgments.

According to article 8 of the Law of the Board of Grievance adopted in 1982, the Board was competent to adjudicate the following administrative disputes:

• Cases relating to the rights provided for in the Civil Service and Pension Laws;
• Objections filed against administrative decisions on grounds of lack of jurisdiction, defect of form, violation or erroneous application or interpretation of laws and regulations or abuse of authority;
• Compensation claims filed against the Government and independent public corporate entities in respect of their actions;
• Cases involving contractual disputes to which the Government or an independent public corporate entity is a party;
• Disciplinary cases filed by the Bureau of Control and Investigation;
• Criminal proceedings brought against persons suspected of committing legally punishable offences of forgery, offences covered by the Repression of Bribery Law, offences covered by Royal Decree No. 43 of 29/11/1377 A.H. [16 June 1958], offences covered by the Misappropriation of Public Funds Law promulgated by Royal Decree No. 77 of 23/10/1395 A.H. [29 October 1975] and criminal proceedings brought against persons accused of committing legally punishable offences in which an order to hear such cases had been issued to the Board by the Chairman of the Council of Ministers;
• Requests for implementation of foreign judgments;
• Cases falling within the jurisdiction of the Board in accordance with special legal provisions; [201] and,
• Requests by foreign courts to carry out precautionary seizure of property or funds inside the Kingdom. [202]

In addition, the Council of Ministers was authorized, under article 8, paragraph 2, of the 1982 Law of the Board of Grievances, to expand the Board’s jurisdiction. [203] However, the Board of Grievances did not hear requests pertaining to sovereign acts or objections filed by individuals against judgments or decisions delivered by courts or legal panels falling within their jurisdiction. [204]

The 1982 Law of the Board of Grievances offered limited guidance concerning the Board’s judicial structure, hierarchy and branches. It merely stated that the Board’s headquarters would be in the capital city [205] and that it “…would exercise its powers through circuits the number, formation, subject matter and venue of which would be determined by decision of the President of the Board.”[206] In addition to its headquarters in Riyadh, the Board had three branches, in Jeddah, Dammam and Abha.[207] The Board’s judicial hierarchy consisted of a number of specialized circuits with specific jurisdiction defined by several decisions of the Board’s President.[208] The 1982 Law and the 1989 Law of Procedure of the Board of Grievances defined the hierarchical structure of the Board of Grievances as follows:

• Board of Appeal;
• Appellate Circuits; and,
• First-Instance Circuits (see Chart 7). [209]

Chart 7: Simple Structure of the Previous Board of Grievances System

4.3.2.2.1. Board of Appeal Circuits

The Board of Appeal Circuits was the highest authority in the Board of Grievances’ system. The Board consisted of all the members of the appellate circuits and three members of the first-instance circuits who were selected by the Board’s President. [210] However, unlike the Supreme Judicial Council, which had broad jurisdiction comprising several administrative, legislative, consultative and judicial functions, the Board of Appeal decided only on the abandonment of interpretations or principles. If an appellate panel, when deciding a case, deemed it necessary to depart from an interpretation adopted or upheld by the same or another appellate panel, the matter was referred to the President of the Board, who submitted it to the Board of Appeal. A majority, tallying at least two thirds of the members of the Board of Appeal, was needed to adopt a new principle or precedent.[211]

4.3.2.2.2. Appellate Circuits

The Board’s appellate hierarchy comprised a number of administrative, criminal and commercial “scrutinizing circuits” (hereinafter “appellate circuits”) that functioned as appellate courts and had the final decision in grievances. Previously, there were three appellate circuits established to carry out the functions of the Board of Grievances, thereby acting as administrative courts. The jurisdiction of these circuits was defined by several decisions of the President of the Board. [212] Appellate circuits were composed of three members appointed by the President of the Board, who designated one of them as the senior member of the panel. The President of the Board had discretionary authority to form an appellate panel consisting of one member to hear appeals in “minor cases” specified by a regulation. [213]

The 1989Law of Procedure of the Board of Grievances defined the judicial relationship between the appellate and first-instance circuits. Under those rules, an appellate panel either reversed or upheld a judgment. In the event of reversal, it referred the case back to the issuing panel for adjudication. The appellate panel adjudicated cases in which, having been referred back to the panel which originally heard them, the latter panel insisted on its judgment and the appellate panel was not persuaded by the latter’s arguments. If the appellate panel adjudicated the case, its decision was taken only after hearing the statements of the litigants. In such case, the judgment delivered by the appellate panel was final. [214] Judgments upheld by the appellate panel were also final. However, in criminal and disciplinary cases, final judgment was reviewed if new evidence emerged that might lead to acquittal. In such circumstances, the final judgment was reviewed within 30 days of the panel having received knowledge of the new evidence. [215]

4.3.2.2.3. First-Instance Circuits

At the lower level of this hierarchical system, there were a number of first-instance administrative, criminal, disciplinary, commercial and subsidiary circuits that reflected the diverse jurisdiction of the Board. [216] Due to the Board’s administrative and non-administrative jurisdiction, large numbers of judicial circuits were created to undertake the Board’s caseload. [217] The Board’s first-instance circuits were modified regularly. Over 80 circuits were created, one third of which were devoted to the adjudication of commercial disputes and criminal cases. [218] First-instance circuits were also composed of three members appointed by the President of the Board, who designated one of them as the senior member. The President of the Board had discretionary authority to form first-instance circuits consisting of one member to hear “minor cases” specified by a regulation. [219]

Administrative proceedings were instituted when a plaintiff filed a complaint with the President of the Board of Grievances or a person designated by him. The President then referred the case to the competent circuit.[220] When a particular circuit received an administrative case, it set a hearing date and informed the plaintiff, the defendant and other administrative bodies in accordance with articles 2 and 3 of the Rules of Procedure of 1989. [221] The hearings were conducted in public unless the circuit decided to hold them in camera in order to safeguard morals or preserve public order. [222] The competent circuit rendered its judgment after examining the case documents and hearing the statements of both parties to the dispute, or their representatives, and confidentially deliberating in session. In circuits consisting of more than one member, judgments were rendered by majority vote.[223] The circuit’s judgment recorded only a substantiated verdict. Any dissenting opinion was noted in the session minutes, which also indicated the majority response to such dissent.[224] A first-instance circuit judgment became final unless the parties decided to exercise their right to appeal the judgment within 30 days from the date of receipt of the judgment notice.[225]

4.3.3. Administrative Committees

Several Administrative Committees with judicial powers had been periodically created since the unification of Saudi Arabia in 1932. These committees had jurisdiction in civil, commercial, administrative and criminal cases and disputes arising from the implementation of several laws and provisions. The jurisdiction of each committee was determined by the decree that created it. Examples of administrative committees are:

• The Tax Committees; [226]
• The Committees for the Penalization of Traffic Violations; [227]
• The Mining Disputes Committee; [228]
• The Fraud, Misrepresentation and Speculation Committee; [229]
• The Banking Disputes Settlement Committee; [230] and,
• The Copyright Committee. [231]

The Basic Law of Governance did not recognize these committees as part of the judicial authority. Although they were established to help to ease the heavy caseload of the Saudi courts and cope with the Kingdom’s social and economic development requirements, they were subject to criticism insofar as they introduced adjudicative action by the “Executive Branch.” [232]

Chart 8: Structure of the Previous Judicial System in Saudi Arabia

Click to enlarge image

4.3.4. The Current Judicial System

On 2 April 2005, a Royal Order was issued approving amendments in principle to the structure of the judicial system. According to the 2005 Royal Order, “Courts specialized in labour, commercial, civil and criminal cases are to have complete jurisdiction in their areas of specialization. The jurisdiction of the new specialized courts and the general courts shall be defined so as to avoid conflict over jurisdiction.” [233] Article 49 of the Basic Law states that “courts [of different types and levels] are empowered to arbitrate in all disputes and crimes.” [234] To pave the way for an effective national judicial system and overcome the obstacles facing judges and litigants, the Government annulled the Law of the Judiciary of 1975 and took the initiative to develop a “New Judicial System” comparable to those of other countries around the world in order to achieve sustainable development. On 1 October 2007, King Abdullah issued a Royal Decree approving a new body of laws regulating the judiciary and the Board of Grievances. The new laws replaced regulations that had been in force for more than 30 years in the case of the judiciary, and about 25 years in the case of the Board of Grievances. The Kingdom allocated a budget of 7 billion riyals (US$ 1.8 billion) to revamp the judicial sector with a view to upgrading the judiciary and developing it in a comprehensive and integrated manner.[235] These funds are being used to renovate and build new courts and train judges. The Saudi judiciary is now passing through a transitional period in which the “New Judicial System” is in the process of being fully implemented.[236] The most important features of the new system are as follows:

• Multiplicity of courts of general jurisdiction, and diversity within the Kingdom’s judicial system; the Law of the Judiciary of 2007 reorganizes the courts of general jurisdiction and divides them into three categories: the High Court at the top of the judicial hierarchy and the Courts of Appeal in the middle, followed by the First-Degree Courts at the lowest level.
• Standardization of the various court judgments pursuant to the provisions of the Law of the Judiciary of 2007, which stresses the principle of harmonization of the various court judgments in their application of legal and regulatory rules. This can be achieved through the High Court at the top of the judicial hierarchy to oversee the legality of the courts’ application of Shari’ah law and the legal rules and regulations in force in the Kingdom.
• Adoption of the judicial appeal system; the new court system applies the principle of two levels of litigation under which any case can be reviewed by a Court of Appeal and the High Court to ensure justice.
• Implementation of the principle of specialization in the courts of general jurisdiction and within a single court; application of the principle of specialized courts allows case management, expedites case processing and reduces caseload and time to disposition, thereby increasing trial capacity for more serious offences. In addition, a trial judge with specialized expertise in the subject matter of cases is in a better position to effectively impose and monitor such case management controls; a specialized judge would require less time to research and reflect on the fundamental issues of the case and could offer direction and guidance to the attorneys at an earlier stage of the case than a generalist judge. Moreover, trial judges frequently make case-related determinations extemporaneously with little time or support available to them for research, consultation, reflection or the articulation of positions in carefully drafted opinions.
• Multiplicity of the same type of courts throughout the Kingdom to provide easy access to judicial services for all citizens. [237]

In a further step in the development of the judiciary, Royal Decree No. M/1 of 25 November 2013 enacting a new Law of Procedure before Shari’ah Courts was supplemented by Royal Decree No. M/2 of the same date enacting a new Law of Criminal Procedure. The two Laws focus on the objective rather than the personal aspect from the stage of preliminary litigation to appeal, specify the channels of appeal against court rulings, define the pleading procedures before higher courts and higher administrative courts, guarantee the right of defence for the accused, including the right of access to legal counsel even for persons unable to afford it, secure the right of women to expeditious litigation and appeal procedures, curb procrastination as far as litigation procedures before religious courts are concerned, ensure free-of-charge flexible procedures and shorten the duration of litigation. In compliance with the two Laws, the Council of Ministers adopted resolution No. 142 of 1 January 2015 enacting the Implementing Regulations of the Law of Criminal Procedure, followed by the Minister of Justice’s order No. 39933 of 20 March 2014 enacting the Implementing Regulations of the Law of Procedure before Sharia’h Courts. [238]

In conclusion, the intention of the Government is to shape the Saudi judicial system so that it can meet a higher judicial standard set by ongoing reforms beginning with the promulgation of the Law of Criminal Procedure and the Law of Procedure before Shari’ah Courts in 2013. The new Laws responded to the social and economic needs of Saudi society and constituted a major step toward meeting the requirements of a modern and thriving economy, while also improving the business environment. The Laws affirm the independent and impartial nature of the Saudi judicial system and will also ensure the highest possible fair trial standards.

4.3.4.1. The Role of the Supreme Judicial Council

Under the Law of the Judiciary of 2007, the Supreme Judicial Council no longer serves as the Kingdom’s highest court. However, it continues to oversee administrative aspects of the judiciary. The Council is composed of a chairman and ten members: the President of the High Court, four full-time members with the rank of Appellate Chief Justice appointed by the King, the Undersecretary of the Ministry of Justice, the Director of the Bureau of Investigation and Public Prosecution, and three members possessing the qualifications required of an Appellate Judge, appointed by the King. All Supreme Judicial Council members serve for a renewable term of four years. [239]

The Supreme Judicial Council plays several administrative roles. In its administrative capacity, the Council is responsible for supervising the courts and judges, as stated in article 6 of the Law of the Judiciary of 2007. It administers the employment-related affairs of all members of the judiciary within the limits laid down by the Law. Such affairs include promotions, transfers, assignments, secondments and training. The Council also monitors the proper discharge of their duties in accordance with the established rules and procedures in order to ensure the independence of judges. In particular, the Council has the authority to:

• Regulate matters relating to the duties of judges, subject to the King’s approval;
• Issue judicial inspection regulations; establish, merge or abolish courts;
• Specify the areas of their jurisdiction and the form of their circuits;
• Designate the first-degree and appellate court presidents and vice-presidents;
• Issue rules governing the functions and powers of the court presidents and vice-presidents;
• Issue rules governing the method of selecting judges;
• Regulate the duties of assistant judges;
• Specify the requirements needed to meet judicial standards; and
• Propose what it deems necessary and relevant to its competence.

At the end of each year, the Council prepares a comprehensive report, listing all its achievements, constraints and proposals, for submission to the King.[240] In addition, the Supreme Judicial Council has a Jurisdictional Conflict Committee vested with authority to settle jurisdictional conflicts and conflicts arising between two final judgments rendered by the ordinary and the Board of Grievances’ courts. [241] Meetings of the Council’s Standing Panel are governed by procedures regulating attendance and voting.[242] The Council has established several committees, including a Judicial Disciplinary Committee [243] and a Judicial Inspection Department. [244]

4.3.4.2. The Current Ordinary Courts System

The Law of the Judiciary organizes the court system in the following hierarchical order:

• High Court
• Courts of Appeal
• First-Degree Courts consist of:
  • General Courts
  • Criminal Courts
  • Personal Status Courts
  • Commercial Courts
  • Labour Courts[245]
  • Enforcement Courts, recently created, (See Chart 9)

Chart 9: Simple Structure of the Current Ordinary Court System

4.3.4.2.1. High Court

The High Court assumed the previous Supreme Judicial Council’s main function as the highest authority in the judicial system. The High Court, based in Riyadh, is composed of a President – possessing the qualifications required of an Appellate Chief Justice – appointed by Royal Order, together with a sufficient number of judges holding the rank of Appellate Justice, appointed by Royal Order on the recommendation of the Supreme Judicial Council.[246] The High Court exercises its jurisdiction through specialized circuits (criminal, personal status, commercial and labour, as needed) comprising three-judge panels, except for the criminal circuit, composed of a five-judge panel, which reviews judgments in certain types of cases involving qisas,hudud and ta’zir penalties. [247] The chief judges of the High Court circuits are appointed by decision of the Supreme Judicial Council on the recommendation of the President of the High Court. [248]

The High Court plays several legislative, consultative and judicial roles. In addition to the functions provided for in the Law of Procedure before Shari’ah Courts and the Law of Criminal Procedure of 2013, the Court supervises the implementation of Islamic law (Shari’ah) and regulations enacted by the King, which are matters falling within the general jurisdiction of the judiciary. The High Court also reviews rulings issued or upheld by the Courts of Appeal. Its review is mandatory in cases of major offences involving qisas or hudud. In this regard, the High Court acts as a court of subject matter/trial court. [249] It can therefore be said that cases involving certain major offences are reviewed at three judicial levels instead of two, which reflects the Kingdom’s desire to ensure justice through a high standard of review in these types of offences.

In addition, the High Court reviews judgments and decisions issued or upheld by the Courts of Appeal on matters to which reference has not already been made. These include questions of law and questions of procedure – not questions of fact – if the objection to a judgment is based on:

• A violation of the provisions of the Islamic Shari’ah or regulations issued by the King that do not contradict Shari’ah rules;
• Entry of judgment by a court not properly constituted in the manner prescribed by the Law of the Judiciary or other regulations;
• Entry of judgment by an incompetent court or division; and
• Fault in the summary of the facts or improper description of the case. [250]

The High Court also reviews and decides on petitions for the rehearing of a case that has been stricken off twice because of the plaintiff’s failure to attend court hearings without an excuse acceptable to the court. [251]

The High Court renders decisions on petitions for review of final judgments in the following circumstances:

• If the judgment was based on documentary evidence that was subsequently found to be a forgery or on a testimony that the competent agency subsequently deemed to be perjurious;
• If, subsequent to the judgment, the petitioner obtained conclusive evidence in his favour that he was unable to produce before the judgment;
• If an act of fraud was committed by the adversary which would have influenced the judgment;
• If the judgment awarded what the plaintiffs did not request, or more than they requested;
• If the text of the judgment was inconsistent;
• If the judgment was a default judgment;
• If the judgment was rendered against a person not properly represented in the proceedings. [252]

Furthermore, whenever there is a dispute affirming or denying venue, the case is referred to the High Court to settle the dispute. [253] The High Court has a General Council, chaired by the President of the High Court, [254] which plays a crucial role in establishing general principles and precedents that should be followed by lower courts and in considering other issues addressed by the Law of the Judiciary or other enactments. Decisions of the General Council are rendered by a majority vote of its members in attendance. In the event of a tie, the highest ranking judge has a casting vote. All decisions adopted by the High Court’s General Council are final. [255] If one of the High Court circuits, while reviewing a case, deems it necessary to depart from an interpretation adopted by the same or a different division of the Court in previous judgments, the case is referred to the President of the High Court, who submits it to the High Court’s General Council for a decision. [256]

Recently the High Court issued decision No. 40/M of 2 February 2020 in which the majority of the judges decided that—in ta’zir cases— the courts should impose only a term of imprisonment, a fine or any alternative penalties prescribed by law. This decision marks a departure from the long-standing practice of imposing “lashes” as a penalty in this particular type of cases.

4.3.4.2.2. Courts of Appeal

The Law of the Judiciary of 2007 introduced courts of appeal as a safeguard, empowering them to overturn decisions of lower courts. The Law provides for the establishment of one or more courts of appeal in each of the Kingdom’s provinces. Each court functions through specialized circuits comprising three-judge panels, except for the criminal division which reviews judgments in cases involving certain major offences, including those carrying qisas, hudud and ta’zir penalties. [257] Courts of appeal consist of labour, commercial, criminal, personal status and civil circuits.[258] Specialized appeal circuits may be established in the districts of each province in which a court of appeal is located. [259] Each division is composed of a chief justice, appointed by the president of the court, and members holding the rank of appellate judge. The courts of appeal hear appealable decisions from lower courts. In addition to the two courts in Riyadh and Makkah, the Ministry of Justice is opening 11 new courts of appeal in other provinces. [260]

All judgments rendered by the first-degree courts are appealable except for judgments in petty cases, as defined by the Supreme Judicial Council. [261] A court of appeal renders its judgment after hearing the litigants’ arguments in accordance with the Law of Procedure before Shari’ah Courts and the Law of Criminal Procedure of 2013.[262] It also renders decisions on petitions for review of its own judgments in the following circumstances:

• If the judgment was based on documentary evidence that was subsequently found to be a forgery or on a testimony that the competent agency subsequently deemed to be perjurious;
• If, subsequent to the judgment, the petitioner obtained conclusive evidence in his favour that he was unable to produce before the judgment;
• If an act of fraud was committed by the adversary which would have influenced the judgment;
• If the judgment awarded what the plaintiffs did not request, or more than they requested;
• If the text of the judgment was inconsistent;
• If the judgment was a default judgment;
• If the judgment was rendered against a person not properly represented in the proceedings. [263]

No objection may be made to rulings issued before the case is decided and with which the litigation does not end wholly or partially except in conjunction with an objection to the judgment on the merits. However, objection before judgment on the merits may be permitted against a decision to suspend the case, provisional or interlocutory injunctions, enforcement orders or declarations of lack of jurisdiction before rendering judgment on the merits.[264]

An appellate court considers the appeal or review request in the light of the case file and any new pleas or evidence presented by the appellants in support of the grounds for their objection as mentioned in the memorandum. After hearing the appellants’ submissions in the appeal or review request if it believes that such request requires submissions, the court issues a decision upholding or annulling the judgment in whole or in part and ruling on the nullified part. [265] If the appellate court determines that the consequences of the provisions of the judgment in cases reviewed without proceedings are consistent with its Shari’ah premises, it upholds the judgment and draws the attention of the judge to whatever comments it may have made, provided that such comments do not nullify the judgment. If the judgment is nullified in whole or in part, the court issues a ruling on the nullified part after hearing the appellants’ statements. [266] If the appellate court nullifies a judgment of a first-degree court on grounds of lack of jurisdiction or accepts a summary plea thereon, the proceedings are suspended and it refers the case back to the court which rendered judgment to consider the merits thereof. [267]

4.3.4.2.3. First-Degree Courts

First-degree courts are being established in the Kingdom’s provinces, governorates and districts in accordance with the needs of the system. [268] First-degree courts consist of general, criminal, commercial, labour and personal status courts and comprise specialized circuits including enforcement, approval and traffic circuits. They are composed of single- or three-judge benches as specified by the Supreme Judicial Council. [269] In addition, the Supreme Judicial Council specifies the jurisdiction of the single-judge general courts.[270] However, without prejudice to the Law of the Board of Grievances of 2007, courts usually have jurisdiction to render decisions in respect of all disputes and offences in accordance with the court jurisdictional rules as set forth in the Law of Procedure before Shari’ah Courts and the Law of Criminal Procedure of 2013. [271]

4.3.4.2.3.1. General Courts

General courts have jurisdiction in all claims and cases not under the jurisdiction of other courts, notaries public or the Board of Grievances. According to article 31 of the Law of Procedure before Shari’ah Courts of 2013, general courts have jurisdiction over the following:

• Lawsuits involving property, disputed ownership thereof, a right relative thereto or faults on the part of the owners or beneficiaries thereof and lawsuits to restrain interference with possession or for recovery of possession, vacation, payment of rent or contribution thereto, unless otherwise stipulated herein;
• Issuance of title deeds or registration of endowments;
• Lawsuits arising from traffic accidents or violations of the Traffic Law or its implementing regulations. [272]

General courts in the governorates without district courts have jurisdiction over all lawsuits, cases and the like which are subject to the jurisdiction of such district courts unless otherwise decided by the Supreme Judicial Council. [273] General courts in governorates and districts consist of one or more specialized circuits, according to the needs of the system, comprising one or more judges as specified by the Supreme Judicial Council. Specialized criminal, personal status, commercial and labour circuits may be established in general courts in governorates and districts where no specialized courts have been established.[274] Moreover, where necessary, the Supreme Judicial Council may assign one or more circuits to hear pilgrims’ cases. [275] In cases other than those requiring a visit to the site of a dispute, courts should not hold their hearings in places other than their respective premises. However, by decision of the Supreme Judicial Council, courts may, when necessary, hold their hearings elsewhere even if the new location falls outside their areas of jurisdiction.[276] Specialized circuits in governorate and district general courts have the same jurisdiction as the specialized courts and are composed of one or more judges.[277]

In 2015, following the Supreme Judicial Council decision, the traffic circuits under the jurisdiction of the general courts in 18 cities around the Kingdom started to conduct hearings on matters relating to traffic accidents and violations of the Traffic Law or its implementing regulations. [278]

4.3.4.2.3.2. Criminal Courts

The criminal courts consist of the following specialized circuits: qisas (retaliatory punishment), hudud (Qur’anic prescribed punishment), ta’zir (discretionary punishment) and juvenile circuits. A criminal court is composed of a three-judge panel. Other offences specified by the Supreme Judicial Council are heard by a single judge. All the previous summary courts have been converted into criminal courts.[279]

On 17 September 2014, the Ministry of Justice inaugurated criminal courts in major cities throughout the Kingdom. The Ministry is aiming to establish 18 criminal courts and 25 criminal circuits in general courts around the Kingdom. All the 101 criminal (first-degree and appeal) circuits of the Board of Grievances are in the process of being transferred to the jurisdiction of the criminal courts of the ordinary judicial system. [280]

Criminal courts exist in most of the Kingdom’s administrative regions and governorates. In 2016, the Supreme Judicial Council issued a decision approving the organization and structure of the criminal courts and the mechanism for transferring criminal circuits in the Board of Grievances to the ordinary court system.[281] In its efforts to promote the use of commercial paper and provide the requisite protection for its holders, the Supreme Judicial Council issued its circular N0. 998/T of 4 December 2017 which specifies that the criminal courts will have jurisdiction over commercial paper disputes relating to public rights which would normally result in either monetary penalties or imprisonment. Previously, the Commercial Paper Committees had jurisdiction over such disputes.[282] The Supreme Judicial Council has designated 17 criminal courts to hear commercial paper disputes. [283]

4.3.4.2.3.3. Personal Status Courts

The personal status, labour and commercial courts comprise specialized circuits as needed and consist of one or more judges as specified by the Supreme Judicial Council. [284] Disputes relating to divorce and other family and personal matters are settled by the personal status courts. The two existing courts of guarantee and marriage located in Riyadh and Makkah are being transformed into personal status courts. According to article 34 of the Law of Procedure before Shari’ah Courts of 2013, personal status courts have jurisdiction over the following:

• All personal status cases including:
• • Registration of marriage, divorce, khul’ [the right of a woman to seek a divorce from her husband], divorce at the insistence of the wife, dissolution of marriage, raj’ah [return], custody, maintenance and visiting rights.
  • Registration of endowments, probate, paternity, absence, death and determination of heirs.
  • Legacies and division of succession, including disputed property, shares in endowments or wills, minors and absentees.
  • Designation of trustees, guardians and administrators, empowering them to perform actions that require the judge’s permission and dismissing them if required, and interdiction of spendthrifts or lifting thereof. The regulations herein shall determine the necessary procedures therefor.
  • Recording authorizations of mute persons who cannot read or write.
  • Marrying of women who have no guardians or whose marriage is being prevented by their guardian.
• Lawsuits arising from personal status issues;
• Lawsuits filed for enforcement of the penalties prescribed in the Law of the General Authority for Custody of the Properties of Minors or Persons of Equivalent Status. [285]

On 19 August 2014, Saudi Arabia’s Ministry of Justice inaugurated personal status courts, the first in a series of specialized courts, in major cities including Riyadh, Makkah, Jeddah, Madinah and Dammam as part of the Kingdom’s efforts to modernize its judicial system. These courts will not, however, review litigation proceedings, which will remain under the purview of the general courts. The Ministry also established 88 single-judge circuits in all of the Kingdom’s provinces. These courts and circuits are staffed by judges who have received extra training in cases involving divorce, alimony and child custody. [286]

Personal Status Courts exist in most of the Kingdom’s administrative regions and governorates. In 2018, the courts adjudicated around 255,000 lawsuits that were filed during the year. The Ministry of Justice has implemented a number of initiatives to speed up judicial procedures and enhance the performance of the courts. The “paperless” court initiative in the personal status courts was highly instrumental in minimizing procedural time and speeding up the delivery of judgments. The digital link between personal status courts and appeal courts also helped to secure the closure of cases for beneficiaries as appeals can be lodged electronically. The number of personal status court hearings of divorce, alimony, financial claims, custody and other cases during that year amounted to 1.7 million. [287]

4.3.4.2.3.4. Labour Courts

According to article 34 of the Law of Procedure before Shari’ah Courts of 2013, labour courts have jurisdiction over the following:

• Disputes relating to employment contracts, wages, labour rights, occupational injuries and award of compensation in respect thereof;
• Disputes relating to the imposition of disciplinary penalties by the employer on the employee, or exemption therefrom;
• Lawsuits filed for enforcement of the penalties prescribed in the Labour Law;
• Disputes arising from lay-offs;
• Complaints by employers or employees objecting to any resolution issued by any competent body in the General Organization for Social Insurance relating to registration, subscription or compensation;
• Disputes involving employees subject to the provisions of the Labour Law, including civil servants;
• Disputes arising from the application of the Labour Law and the Social Insurance Law, without prejudice to the competence of the other courts and the Board of Grievances. [288]

The Ministry of Justice was preparing to inaugurate labour courts in 2017. The Committee on the Implementation of the Law of the Judiciary is carefully reviewing the rules of procedure of these courts to ensure that they are properly implemented. The labour courts will be established in cooperation with the Ministry of Labour and a specialized committee will train employees and judges and allocate buildings for these courts in accordance with Ministry of Labour studies and directives. [289] Judges will also be supported by administrative staff. [290] Five labour courts will be opened in major cities, including Riyadh, Makkah, Jeddah, Madinah and Dammam, with 34 labour circuits in general courts in other cities throughout the Kingdom. [291]

In November 2018, the Ministry of Justice inaugurated the first seven labour courts, in addition to 27 judicial circuits in various cities around the Kingdom. [292] In implementation of Royal Decree No. M/14 of 21 October 2018, the Ministry of Justice has classified labour cases in three categories:

• Disputes between employees and employers;
• Cases concerning domestic workers;
• Complaints of both employees and employers against decisions taken by the General Organization for Social Insurance pertaining to subscription, registration and compensation.

In the first category, the employee or employer needs to file a case and may begin his/her lawsuit by submitting a request to the competent labour office in the Kingdom. Labour offices have a period of 21 days to settle labour disputes amicably. If no settlement is reached in 21 days, the labour office must submit the case electronically to a labour court.

In cases concerning domestic workers, the complaint by the worker or his/her employer must be referred to a committee for conciliation within five days. In the event of failure to reach a settlement, the committee must pronounce its decision within 10 days. Provision is made for an electronic appeal to a labour court against the decision of the committee.

Complaints by workers and employers against decisions of the General Organization for Social Insurance pass through three phases. First, the employee or employer needs to file a case with the competent agency of the General Organization for Social Insurance. Then they can appeal the decision of the agency to the General Organization for Social Insurance. If the appeal is rejected, the employee or employer can resort to the labour court.[293]

In December 2019, the Ministry of Justice announced that the labour courts had issued more than 42,000 rulings and held more than 170, 000 sessions since their establishment in November 2018. The Ministry added that the labour courts had achieved the target time frame (30 days) for the duration of cases at the first-degree level. The average time taken to close a labour case had become 22.94 days in 3.37 sessions. Labour courts have shifted from a paper-based to an electronic system, which benefits applicants by making it easier for them to conclude their cases in a short time.[294]

4.3.4.2.3.5. Commercial Courts

According to article 35 of the Law of Procedure before Shari’ah Courts of 2013, commercial courts have jurisdiction over the following:

• All commercial disputes, whether principal or consequential, arising among traders;
• Lawsuits filed against traders because of the principal or consequential acts thereof;
• Disputes arising among partners in partnerships;
• All lawsuits and violations relating to commercial law, without prejudice to the jurisdiction of the Board of Grievances;
• Bankruptcy lawsuits, interdiction of bankrupts or lifting thereof;
• Other commercial disputes. [295]

The commercial courts were scheduled to begin operating in 2017. They were first established in Riyadh, Jeddah and Dammam, with 11 commercial circuits in general courts throughout the Kingdom. All current commercial cases were referred to these courts and judges serving in the commercial circuits of the Board of Grievances were transferred to them. Employees currently working for labour committees were also transferred to the labour courts, each of which has a judge and two labour consultants. These courts are being inaugurated sequentially in the provinces and governorates. [296]

The current judicial system has jurisdiction over most of the civil, commercial and criminal disputes previously heard by the administrative committees. The commercial and labour courts will hear disputes that were previously adjudicated by the specialized committees of the Ministry of Commerce and Industry and the Ministry of Labour, which had been criticized because their decisions were not always enforceable and were challenged in the courts;[297] questions had also been raised regarding the impartiality and independence of those committees. The commercial circuits of the first-instance and appellate courts of the Board of Grievances are in the process of being transferred (with all their judges, cases, etc.) to the new judicial system’s first-degree and appellate commercial courts. [298] In addition, the Council of Ministers’ Bureau of Experts has established a committee to review, and propose due amendment of, all laws and regulations affected by this transition.[299] As required by the implementing regulations of the Laws of the Judiciary and the Board of Grievances, the Supreme Judicial Council is studying the situation of the administrative committees exempted from this transition (the Banking Disputes Settlement, Financial Market and Customs Committees) in order to complete the regulatory procedures. [300]

In September 2017, the Ministry of Justice inaugurated the commercial courts in Jeddah, Dammam and Riyadh as independent courts directly attached to the Ministry of Justice rather than as a branch of the Board of Grievances, as was historically the case. [301] Decision No. 2826 issued by the chairman of the Supreme Judicial Council in October 2017 created a special judicial committee to determine the jurisdiction of the new commercial courts, study the types of cases that would be referred to them, [302] resolve problems concerning their subject-matter jurisdiction and formulate practical proposals to address these cases. The committee issued “minutes” containing several benchmarks to determine the main cases within the jurisdiction of the new commercial courts. The committee’s “minutes” were approved by the chairman of Supreme Judicial Council and sent to all the courts so that they could act on the committee’s recommendations and the provisions listed in the “minutes.”[303]

On 25 February 2018, the Minister of Justice decided to supplement the implementing regulations of the Law of Procedure before Shari’ah Courts with an article stipulating the following:

• The date of the first hearing of a commercial case shall not be later than 20 days from the date on which the lawsuit was filed;
• The number of hearings of commercial cases, after the defendant has been notified, must not exceed a maximum of three; further adjournment shall not be permitted unless necessitated by circumstances such as the illness of one of the parties or their representatives or the inability of a witness to attend;
• At the first hearing, the judicial panel must determine the preliminary issues pertaining to jurisdiction and conditions of admissibility;
• In commercial proceedings, the court may enable the parties — through a duly recorded decision — to exchange memos and documents with the court’s administration; the decision must specify the number of memos, the dates for the filing for each of them, and the date of the next hearing;
• The expert appointed by the court must submit his report to the court within 60 days from his appointment to the case. If the expert is unable to submit his report to the court within the 60-day time limit, he must explain the reason for the delay and the court may extend this period for a maximum of 30 days.

The above amendments were needed in order to modify existing litigation procedures in such a way as to ensure the efficiency of commercial proceedings and the correctness of the rulings issued by the commercial courts.[304]

In addition, in November 2019, the Ministry of Justice approved new rules regulating bankruptcy proceedings in the commercial courts. These rules, formulated in agreement with the Supreme Judicial Council, gave effect to the provisions of article 97, paragraph 3, of the implementing regulations of the Bankruptcy Law. They comprised 24 articles prescribing the procedures for the review of requests under the Bankruptcy Law and its implementing regulations in commercial courts. The provisions of these rules included: procedures relating to jurisdiction and judicial processes in bankruptcy applications, duties of the unit specialized in the management of bankruptcy cases in court, procedures for the submission of requests and records, suspension of demands, precautionary applications, inspection of the application and adjudication and the procedures for issuing and challenging rules and decisions. This important step enhanced the Kingdom’s classification for resolving bankruptcy cases in the World Bank’s annual Doing Business report. [305]

Recently, Council of Ministers resolution No. 511 of 7 April 2020 approved the Commercial Courts Law. It also approved the establishment of commercial circuits in general courts in provinces and governorates in the Kingdom that do not have commercial courts in accordance with the aforementioned Law until such courts have been established. The resolution also abolished article 35 of the Law of Procedure before Shari’ah Courts of 2013 which defined the jurisdiction of commercial courts.

Moreover, the Ministry of Justice has launched 12 digital services within the commercial courts system. These include: detailed inquiry about a case; access to judgments; service of reminders and notices; filing an electronic claim; appeal request; depositing the first defence memo; informing the defendant; litigation service; my appointments; inquiring about appointments for hearings; inquiring about case status; and bankruptcy requests. These services were designed to enhance the business sector environment, create an economic climate of trust and stability, safeguard rights and encourage and stimulate investment in the Kingdom in keeping with the goals of the Kingdom’s Vision 2030. [306]

4.3.4.2.3.6. Enforcement Courts

Prior to the new Enforcement Law, parties had to bring applications for the enforcement of foreign judgments and arbitral awards before the Board of Grievances.[307] Article 19 of the Law of the Judiciary of 2007 stipulates that the provincial general courts should include specialized enforcement circuits with a single or three-judge panel as determined by the Supreme Judicial Council. [308] The new Enforcement Law, promulgated by Royal Decree No. M/53 in March 2013, abandons the old system of enforcement proceedings before the Board of Grievances, dating from 1982, and assigns enforcement to a relatively new jurisdiction, the “enforcement judge.”[309] The Ministry of Justice took the initiative in opening “enforcement circuits” in general courts throughout the Kingdom in accordance of article 19 of the Law of the Judiciary of 2007 and has already established more than 160 such circuits which are contributing to the administration of justice, giving effect to court judgments and expediting their enforcement. [310]

Article 9 of the Law of the Judiciary of 2007 empowers the Supreme Judicial Council to establish specialized courts subject to approval by the King. In addition, article 8, paragraph 3, of the Enforcement Law stipulates that the Supreme Judicial Council may, when necessary, establish specialized enforcement courts. Due to the heavy caseload, King Abdullah issued a Royal Order for the establishment of such courts. Pursuant to that Royal Order, the Supreme Judicial Council adopted resolution No. 530 – 4 – 34 of 27 August 2014 establishing specialized enforcement courts in Riyadh, Makkah and Jeddah as a first stage. [311] These courts will ensure the speedy execution of judgments delivered by other courts, thereby helping to protect people’s rights and avoid delays. [312]

The Enforcement Law contains provisions that affect all aspects of the enforcement of domestic and foreign judgments as well as arbitral awards. It also defines the jurisdiction and powers of the “enforcement judges,” who will play a key role in the enforcement of civil judgments and awards in the Kingdom.

Each enforcement court consists of a single-judge panel as determined by the Supreme Judicial Council. [313] Article 1 of the Law defines “enforcement judges” as: “the chief justices and judges of enforcement circuits, enforcement court judges, or judges of single-judge courts.”[314] The enforcement judge is responsible for, inter alia, enforcing or overseeing the enforcement of all judgments and awards in the Kingdom, with the exception of judgments and decisions rendered in administrative and criminal cases. The enforcement judge is required to comply with the provisions of the Law of Procedure before Sharia’h Courts of 2013 unless the Enforcement Law stipulates otherwise. [315] He may request the assistance of the police and the competent authorities, impose and lift travel bans, order detention and release, require a declaration of assets and examine insolvency (bankruptcy) proceedings. [316] All decisions of the enforcement judge are final, although his judgments in enforcement disputes and insolvency proceedings are subject to appeal. The appellate judgment is final.[317]

Article 9 provides for compulsory enforcement upon presentation of a writ of execution, including a final arbitral award. It stipulates that: “Mandatory enforcement is permissible only by writ of execution for entitlement to a determined amount, at the time of performance; writs of execution consist in:

• Judgments, decisions and orders issued by the courts and competent judicial commissions;
• Arbitral awards that are annexed to the enforcement order in accordance with the Arbitration Law;
• Reconciliation statements approved by the courts;
• Commercial papers;
• Certified documents;
• Judgments, judicial orders, arbitral awards and certified documents issued in foreign countries;
• General papers the content of which is deemed to be totally or partially in due and proper form;
• Other contracts and papers which the law endows with the force of writs of execution.”[318]

Article 10 stipulates that appeals against the enforcement judge’s decision suspend its enforcement. [319] Under article 11, the enforcement judge may enforce a foreign arbitral judgment only on the basis of the principle of reciprocity and provided that the party seeking enforcement can prove that:

• Saudi courts do not have jurisdiction in the dispute;
• The award was rendered following proceedings in compliance with the requirements of due process;
• The award is in final form in accordance with the law of the seat of the arbitration;
• The award does not contradict a judgment or order issued on the same subject by a judicial authority with jurisdictional competence in the Kingdom;
• The award does not contain anything that contradicts Saudi public policy.[320]

Article 7 allows the enforcement judge to take “all precautionary measures” and “seek assistance from the authorities concerned if a party should resist or violate an enforcement order.” [321] In addition, the new Enforcement Law lays down the procedures available to an enforcement judge in pursuit of enforcement; they include provisional attachment (arts. 23-33), enforceable attachment (arts. 34-48), sale of attached funds (arts. 49-59), debtor funds under third-party custody (arts. 60-67), direct enforcement (arts. 68-72) and procedures applicable in the event of insolvency of the party against whom the award is to be enforced (arts. 77-92).[322]

As already indicated, enforcement of foreign judgments and arbitral awards lay within the jurisdiction of the Board of Grievances, the procedures of which were lengthy and exhausting. [323] The new Enforcement Law constitutes a significant step towards the harmonization of Saudi law with international standards and facilitation of the enforcement of arbitral awards through the creation of a specific jurisdiction and clearly defined procedures applicable to such enforcement. [324] It restored confidence in business transactions that require prompt settlement of trade disputes by enforcement order.

Between September 2018 and the beginning of March 2019, enforcement courts in the Kingdom disposed of as many as 450,000 claims to recover over 127 billion Saudi riyals (approximately $33.8 billion). These courts issued more than 713,000 enforcement decisions and took more than 1.6 million executive actions. [325] In addition, in January 2020, the Ministry of Justice revealed that 114 foreign rulings had been submitted to enforcement courts in the Kingdom in the previous five months for the recovery of around 400 million riyals (approx. $106 million). The Kingdom has signed the New York Agreement on the enforcement of foreign arbitration as part of its continuous efforts to support the investment climate and enhance the image of the Saudi judiciary globally. Countries that have signed international treaties and agreements are committed to implementing foreign rulings by following clear procedures. Those rulings are considered enforceable documents once they fulfil all the conditions laid down in the Enforcement Law. [326]

Finally, it is noteworthy that, in January 2020, the Ministry of Justice revoked the regulation halting e‑government services to persons convicted in insolvency cases. A Ministerial Order amended the implementing regulations of the Enforcement Law by abolishing article 46, paragraph 5, thereof in order to give judges the power to prevent the convict only from engaging in financial dealings. [327]

4.3.4.3. Specialized Courts

The maintenance of internal and external security is often regarded as the primary duty of the State since, without security, protection of the other values and interests of the State is impossible. Governments accept the fact that the internal and external dangers of “national security offences,” such as terrorism, pose an exceptionally serious threat to society. It has proved particularly difficult to deter such threats and obtain convictions in respect thereof without special courts, special offences and extraordinary police powers, which make a distinction between these special criminal acts and “ordinary” criminal acts. National security offences are frequently identifiable by the following traits or aspects: large-scale impact on members of society; criminal behaviour, including violence; creation of fear; and the aim of achieving religious or political objectives through methods that undermine the structures of government. Many States have introduced special courts, designated as “National Security Courts,” in their jurisdiction.

The traditional understanding of “National Security Courts” is a system of special courts the jurisdiction of which is limited to offences against State security. The function of this type of court is to ease or remove the usual statutory restraints in normal due process by creating, interpreting and, most importantly, enforcing other extraordinary ones. Many States that have introduced “National Security Courts” identified similar problems facing their “ordinary criminal courts” in the handling of offences against the State such as terrorism. The case in favour of this type of court rests largely on two premises: firstly, terrorism presents an exceptionally serious threat to society; secondly, terrorists have proved particularly difficult to apprehend and convict without special offences and additional police powers. In this situation, Governments deem ordinary courts inadequate to deal with threats constituting special offences against the State and, consequently, create special jurisdictions to render judgment in offences of this type expeditiously and appropriately. [328] The laws and regulations establishing a specialized court lay down rules specifying the composition of the court and the extent of its powers.

4.3.4.3.1. Specialized Criminal Court

The Government of Saudi Arabia realized that the diversity of the newly defined intelligence and security offences, which threaten the security of society, requires the establishment of specialized courts with the power and ability to understand the different dimensions of these offences so that they can decide on the appropriate penalties which will eventually contribute to deterrence and reform. [329]

As previously mentioned, article 9 of the Law of the Judiciary of 2007 permits the Supreme Judicial Council to establish specialized courts subject to approval by the King. The Minister of Justice issued order No. 1422 of 29 January 2008, based on Supreme Judicial Council resolution No. 4/69 of 7 January 2008, establishing a specialized criminal court in the city of Riyadh to try suspects in cases involving terrorism, national security and other related offences. [330] The court’s panels consist of a single judge or three judges as determined by the Supreme Judicial Council.[331] Specialized panels for certain qisas, hudud andta’zir cases are composed of three judges. [332]

In addition, the Minister of Justice issued order No. 5751 of 6 April 2011 establishing a Specialized Appellate Criminal Court, which operates through specialized panels. Each panel is composed of three judges, with the exception of the five-judge panel that reviews certain types of cases involving qisas, hudud and ta’zir penalties. The judges of the Specialized Appellate Criminal Court must not hold a rank lower than appellate judge and each panel must include a chief justice. [333] All decisions rendered by the Specialized Appellate Criminal Court are final except for decisions involving certain types of cases that involve qisas, hudud or ta’zir penalties, which are reviewed by the High Court. In such cases, the High Court exercises its jurisdiction through specialized panels composed of five judges to review these types of sentences. Each panel includes a chief justice. [334]

Supreme Judicial Council Resolution No. 4/69 of 7 January 2008 and the Terrorist Offences and Financing of Terrorism Law defined the jurisdiction of the Specialized Criminal Court as follows: [335]

4.3.4.3.1.1. Criminal Jurisdiction

The Court has jurisdiction over all crimes specified in the Terrorist Offences and Financing of Terrorism Law. According to article 1, paragraph 3 of the said Law, a terrorist offence is:

Any act committed individually or collectively, directly or indirectly, by a perpetrator with intent to disturb public order, destabilize national security or State stability, endanger national unity, render the Basic Law of Governance or any of its articles inoperative, undermine the State’s reputation or standing, cause damage to State facilities or natural resources, attempt to coerce any of its authorities into a particular action or inaction or threaten to carry out acts that would lead to achievement of the aforementioned objectives or instigate such acts; or any act intended to cause death or serious bodily injury to a civilian, or any other person, when the purpose of such act, by its nature or context, is to intimidate a population or compel a Government or an international organization to perform or to refrain from performing any act; or any act which constitutes an offense as defined in any of the international conventions or protocols relating to terrorism or its financing or listed in the Annex to the International Convention for the Suppression of the Financing of Terrorism which the Kingdom of Saudi Arabia has ratified. [336]

A financing of terrorism offence is “the financing of a terrorist act, a terrorist entity or a terrorist in any of the forms specified in this Law, including financing the travel and training of a terrorist individual.” [337] The definition of the criminal offence of terrorism and its financing applies to any person, Saudi or non-Saudi, who commits, aids, attempts, instigates, participates in or conspires to commit – outside the Kingdom – and has not been tried for, an offence proscribed in the said Law, if such an offence – as stipulated in article 3 thereof – aims to:

• Change the Kingdom’s system of government;
• Render the Basic Law of Governance or any of its provisions inoperative;
• Coerce the State into pursuing or refraining from a particular course of action;
• Attack Saudi citizens abroad;
• Cause damage to State properties abroad, including embassies or other diplomatic or consular premises;
• Carry out a terrorist act on board any means of transport registered in the Kingdom or operating under its flag; or
• Undermine the interests of the Kingdom, its economy, its national security or its society. [338]

The Court has the right to suspend the activity of a legal person on a temporary or permanent basis, close its offices associated with the offence on a temporary or permanent basis, liquidate its business or appoint a judicial custodian to manage its funds and transactions. [339] Lawsuits in criminal cases relating to offences specified in the Terrorist Offences and Financing of Terrorism Law can be filed before the Court by the victim, his representative or his heirs [340] Investigation proceedings or the filing of criminal suits in respect of offences covered by the Law or relating thereto are not conditional on the submission of a complaint by the victim, his representative or his heirs. A civil claimant can file suit before the Court after completion of the investigation relating to public rights. [341]

The Court has jurisdiction to reduce the penalties prescribed under this Law, provided that any term of imprisonment must not be less than half of the minimum term prescribed and any fine imposed must not be less than half of the amount prescribed, if the perpetrator provides the competent authorities with information that could not have been otherwise obtained. This is designed to help to:

• Prevent the commission of any of the offences specified in this Law.
• Identify any accomplices to the offence or enable their legal prosecution.
• Obtain evidence.
• Avert or mitigate the effects of the offence.
• Prevent terrorist entities or terrorists from having access to or controlling funds. [342]

The Court may suspend any sentence of imprisonment on justifiable grounds leading to the belief that the convicted person will reoffend, provided that:

• He has not previously been convicted of any of the offences specified in the Law.
• He shows remorse for his offence.

If the convict reoffends by committing any of the offences specified in the Law, the suspended sentence would be reinstated without prejudice to any penalty prescribed for the new offence. [343] The Court may invalidate or prohibit any contractual or other activity or action if one or more of the parties thereto knew or should have known that such an activity could prejudice the ability of the competent authorities to seize or recover funds subject to confiscation. [344]

4.3.4.3.1.2. International Jurisdiction

Notwithstanding the principle of territoriality, the provisions of the Terrorist Offences and Financing of Terrorism Law apply to any person, Saudi or non-Saudi, who commits, aids, attempts, instigates, participates or conspires to commit – outside the Kingdom – an offence proscribed in the Law, and is not tried for such offence, if the offence aimed to:

• Change the system of government in the Kingdom;
• Render the Basic Law of Governance or any of its articles inoperative;
• Coerce the State into a particular action or inaction;
• Assault Saudi citizens abroad;
• Cause damage to State properties abroad, including embassies or other diplomatic or consular premises;
• Commit a terrorist offence on board any means of transport registered in the Kingdom or carrying its flag, or
• Undermine the interests of the Kingdom, its economy or the security of the nation or society. [345]

The Court also has jurisdiction over the execution of final foreign judgments in respect of any offence of terrorism or financing thereof, including those relating to the confiscation of funds, proceeds or instruments associated with any such offence. [346]

4.3.4.3.1.3. Administrative Jurisdiction

The Court has jurisdiction over claims for annulment of decisions and claims for compensation in connection with the application of the Law. [347] A person accused or convicted of any of the offences specified in the Terrorist Offences and Financing of Terrorism Law who suffers damage due to prolonged detention or imprisonment may petition the President of State Security and seek indemnification prior to appearing before the Specialized Criminal Court. The petition would be reviewed by a settlement committee formed for that purpose.[348]

4.3.4.3.1.4. Procedural Jurisdiction

The Court has jurisdiction to decide on the extension of detention of any person accused of an offence specified in the Law for more than a total of 12 months.[349] It also has jurisdiction to decide on the extension of a ban on contact with the accused for a period exceeding 90 days. [350]

Offences of terrorism and its financing are considered major criminal acts that require the suspect to remain in custody until the conclusion of his/her trial.[351] In addition, if multiple interrelated offences were committed, one of them being an offence specified in the Law, the Specialized Criminal Court has jurisdiction to adjudicate in all the offences with which the accused is charged unless the cases involving such offences were filed separately prior to their filing with the said Court. [352]

The offences specified in the Terrorist Offences and Financing of Terrorism Law are not subject to any statute of limitations. [353] Incompetent persons accused of offences of terrorism or the financing thereof must be referred to the Court so that it can take the necessary action in accordance with the Sharia’h.[354]

The Court has been allocated separate premises in which to exercise its jurisdiction to try persons accused of security offences in view of the difficulty of trying them in the same place as persons accused in commercial or labour-related cases. The allocation of these separate premises in the building of the General Court was also necessitated by the special nature of its hearings and the security measures needed to guarantee the safety of the judges, defendants, witnesses and other persons involved, in addition to the positive effect that such measures have in ensuring the smooth conduct of the Court’s proceedings. The Court has been provided with a closed-circuit computer network linked directly to the criminal investigation departments responsible for the prosecution of terrorist cases before the General Court in Riyadh in order to maintain the confidentiality of the defendants’ files. Similar trials are also been conducted in the other main cities of the Kingdom (Jeddah, Makkah, etc.).

Criminal procedure and litigation before the Specialized Criminal Court are governed by the Law of Procedure before Shari’ah Courts and the Law of Criminal Procedure of 2013 and other related enactments which, in letter and spirit, are intended to safeguard the rights of defendants and ensure that they obtain a fair trial. [355]It is important to bear in mind that “national security courts” do not operate in isolation from the earlier phases of the criminal process although their exceptional pretrial procedures, which constitute a departure from specific requirements of the State’s criminal justice system, involve both the suspension of a few ordinary criminal procedures in cases under the jurisdiction of the “national security courts” and the creation of extraordinary ones. The Terrorist Offences and Financing of Terrorism Law lays down certain rules which depart from those followed by the ordinary courts. For example, article 114 of the Law of Criminal Procedure of 2013 makes provision for the following detention periods in cases involving ordinary offences:

The period of detention shall not exceed five days unless the investigator sees fit to extend its duration. In such a case, the investigator shall, before the expiration of the period, present the file to the director of the local branch of the Bureau of Investigation and Public Prosecution or his representatives or heads of departments falling within his jurisdiction so that they can issue an order for the release of the accused or an extension of his detention for one or more successive periods, provided that such periods do not exceed, in total, 40 days from the date of arrest. In cases requiring detention for a longer period, the matter shall be referred to the Director of the Bureau of Investigation and Public Prosecution or his authorized representative for the issuance of an order extending the detention for one or more successive periods, none of which shall exceed 30 days and the total of which shall not exceed six months from the date of arrest of the accused. Thereafter, the accused shall be either referred directly to the competent court or released. In exceptional cases requiring detention for a longer period, the court may accept a request for extension of the detention for one or more successive periods, as it deems appropriate, and issue a judicial order specifying the reasons therefor.[356]

However, in terrorist cases, the investigating authority has discretionary power to exceed this maximum period by a further six months before bringing the accused before the Court. Article 19 of the Terrorist Offences and Financing of Terrorism Law stipulates that:

The Public Prosecution may order the detention of any person accused of an offence specified in this Law for a period, or successive periods, of up to 30 days and not exceeding a total of 12 months. In cases in which the investigation requires longer periods of detention, the matter shall be referred to the Specialized Criminal Court to decide on the extension. [357]

In addition, the Law of Criminal Procedure of 2013 recognizes the defendant’s right to attend the court proceedings of his criminal trial. Under article 140 of the Law:

If the accused, having been duly summoned, fails to appear on the day specified in the summons and has not sent a representative where such representation is permissible, the judge shall proceed to hear the plaintiff’s pleadings and evidence and shall enter them in the record of the proceedings. The judge shall not render a judgment except in the presence of the accused. If the accused fails to appear without a valid excuse, the judge may issue an order for his detention.

Under article 141 of the same Law,

[i]f an action is brought against several persons in respect of a single incident, and if any of them fail to appear in spite of being summoned, the judge shall proceed to hear the plaintiff’s pleadings and evidence against all of them and shall enter the same in the record of the proceedings. He shall not render a judgment against the absentees until they appear before the court.[358]

In terrorist cases, however, the Specialized Criminal Court may conduct trials in absentia and may issue a “default” judgment [judgment in absentia] against a person accused of committing an offence specified in the aforementioned Law. According to article 25 of the Law: “The competent court may issue a conviction, in the absence of the accused, in respect of the commission of any of the offences provided for herein if it is reported by means of notification or in official media. However, upon arrest or attendance, the sentenced person shall be brought to the court which rendered the judgmentin absentia for retrial.” [359]

Moreover, exercise of the suspect’s right to inform a member of his/her family or a person of his/her choosing regarding the detention may be delayed for 90 days in terrorism-related cases and extended for a longer period by the Specialized Criminal Court. [360] This period – in normal procedure – cannot exceed 60 days. [361]

Furthermore, the Court may seek the assistance of experts and may summon officials from the arresting and investigating authorities to testify. Where necessary, the testimony of experts and witnesses may be heard in the absence of the defendant and his lawyer and in coordination with the public prosecutor. The accused and his lawyer have the right to be informed of the content of the expert’s report without the expert’s identity being disclosed.[362] Such a measure departs from the normal procedure before ordinary courts under which either party has the right to cross-examine witnesses. [363]

The statistics indicate that the number of criminal cases referred to the Specialized Criminal Court from the time of its establishment to 12 December 2019 totalled 5,817 and the number of suspects referred to the Court during this period amounted to 11,565 (See Chart 10).

Chart 10: Criminal Cases Referred to the Specialized Criminal Courts.

Year	No. of Cases	No. of Suspects
2007	25	34
2008	227	442
2009	197	413
2010	287	871
2011	599	2,346
2012	312	1137
2013	205	349
2014	393	554
2015	395	549
2016	995	1327
2017	1,419	2,336
2018	673	1,013
2019	90	194
Total	5,817	11,565

The latest statistics also indicate that the number of criminal cases adjudicated by the Specialized Criminal Court from the time of its establishment to 12 December 2019 totalled 5,196 and the number of persons convicted during this period amounted to 10,404 (See Chart 11).

Chart 11: Criminal Cases Adjudicated by the Specialized Criminal Courts

Year	No. of Cases Adjudicated	No. of Convicted Persons
2007	20	28
2008	202	404
2009	109	201
2010	216	398
2011	332	665
2012	470	1,428
2013	389	1,926
2014	370	899
2015	430	577
2016	797	1,036
2017	903	1,202
2018	660	1,080
2019	298	550
Total	5,196	10,404

In order to consolidate the counterterrorism and domestic intelligence services, King Salman issued Royal Order No. A/293 of 10 July 2017 establishing a new body called “The Presidency of State Security,” reporting directly to the Prime Minister, to focus on the fight against terrorism at the security and intelligence levels, as well as monitor its financing, which were functions of the Ministry of Interior. [364] Experts believe that this move will enable the Ministry of Interior to devote more time and effort to providing services for civil society, safeguarding developmental achievements, disseminating a culture of respect for the law and protecting civil rights and the safety of citizens through public security agencies including the police, traffic police, civil defence, Passports Department, Drug Enforcement Department and other agencies. It will also help to improve efficiency and expedite the provision of services to citizens and expatriates. [365] The same Royal Order separated other authorities (such as the Special Emergency Forces, the General Security Aviation Command and the General Directorate of Technical Affairs) from the Ministry of Interior. However, all sectors, bodies and departments of the Ministry of Interior and the Presidency of State Security are required to cooperate with each other to ensure the necessary support.[366]

In order to enable a firm, determined and speedy response to counter any hostile intentions against the nation, two Royal Decrees have been issued: Royal Decree No. M/20 of 25 November 2017 promulgating the Anti-Money Laundering Law which superseded the Anti-Money Laundering Law promulgated by Royal Decree No. M/31 of 3 April 2012; and Royal Decree No. M/21 of 1 November 2017 promulgating the Repression of Terrorist Offences and their Financing Law, replacing the Terrorist Offences and Financing of Terrorism Law promulgated by Royal Decree No. M/16 of 31 January 2014 and repealing any contrary provisions. The later Law vested the President of State Security with special powers to tackle terrorist offences and the financing thereof. These powers include the following:

• Order the competent authority– at the gathering of evidence stage – to urgently conduct provisional seizure, without prior notice to the party concerned, of funds, instrumentalities or proceeds suspected of being connected with, or used in, any of the offences specified in this Law, provided that the Public Prosecution is notified within a time limit not exceeding 72 hours. [367]
• Ban a person suspected of committing any of the offences specified in the Act from travelling outside the Kingdom, provided that the Public Prosecution is notified within 72 hours from the issuance of the order. [368]
• Temporarily release a person convicted of an offence specified in this Law during the enforcement of the penalty. [369]

Council of Ministers resolution No. 22 of 31 October 2017, which enacted the Law, also vested the State Security Presidency, instead of the Public Prosecution, with sole authority to investigate all offences specified therein. The duration of this authority is limited to two years, subject to renewal by the Council of Ministers.

Finally, it is worth mentioning that, in establishing the Specialized Criminal Court, the legislature did not depart greatly from the ordinary criminal justice system. The Specialized Criminal Court has a structure and composition similar to those of ordinary criminal courts and relies heavily on both the Law of Procedure before Shari’ah Courts and the Law of Criminal Procedure of 2013. It applies the standards of due process and fair trial required by the Laws. In addition, with a view to ensuring greater transparency and civil control over the conduct of trials under the jurisdiction of the Specialized Criminal Court, local human rights organizations are permitted to attend the Court’s proceedings. For example, the Kingdom’s Human Rights Commission and the National Society for Human Rights have assigned members of their boards to attend these trials in order to verify that the statutory procedures are observed and that the defendants enjoy their rights. [370]

4.3.5. Prosecution Authority

In general, presentation of the case in the criminal trial of an individual accused of breaking the law is the main function of the “Public Prosecution” in Saudi Arabia. However, there are other bodies including, in particular, the Control and Anti-Corruption Authority that are empowered to represent the Government in certain cases brought against accused persons in court.

4.3.5.1. Public Prosecution

The Investigation and Public Prosecution Authority was established during the reign of the late King Fahd under the terms of Royal Decree No. M/56 of 5 May 1989 creating the Bureau of Investigation and Public Prosecution. On 2 October 1993, in accordance with its Law, a Royal Decree was issued appointing a president and 44 members of the Bureau [371] and, on 14 September 1996, the Bureau began to play its role as an investigative authority from its headquarters in the capital city of Riyadh and subsequently opened branches throughout the Kingdom. The Bureau’s Law of 1989 vested the Minister of Interior with administrative oversight over the Bureau.[372] Royal Decree No. M/31 of 2 February 2015 amended some articles of the 1989 Law of the Bureau of Investigation and Public Prosecution, equalizing the salaries of its officials with the salaries of judges in the Kingdom and judicializing their work.[373] On 17 June 2017, King Salman issued Royal Order No. A/240 changing the name of the Bureau of Investigation and Public Prosecution to “the Public Prosecution.” The Order linked the Public Prosecution offices directly to the King in order to safeguard their full independence. This move reflects the King’s eagerness to promote the values and principles of justice. It also promotes the principles of neutrality and impartiality that ensure justice and facilitate the work of the Public Prosecution as a fully independent part of the judiciary. [374]

On 7 May 2020, Royal Decree No. M/125 was issued amending several articles of the Public Prosecution Law (previously Bureau of Investigation and Public Prosecution Law). Article 3 of the amended Public Prosecution Law vests the Bureau with the following powers:

• Criminal investigation;
• Taking action with respect to an investigation by filing or dismissing a case;
• Prosecution before judicial bodies;
• Appeal of judgments;
• Supervision of the enforcement of criminal sentences;
• Monitoring and inspection of prisons, detention centres and any places where criminal sentences are enforced, as well as hearing complaints of prisoners and detainees, ensuring the legality of their imprisonment or detention and the legality of their remaining in prison or in detention centres after the expiration of the prescribed period, taking the requisite action to release those imprisoned or detained without legitimate cause, and applying the provisions of the law against the persons responsible therefor.
• Any other powers vested in it by laws. [375]

It is noteworthy that key Royal Decrees and Council of Ministers resolutions have shaped the jurisdiction of the Public Prosecution. Council of Ministers decision No. 1 of 28 November 2011 transferred the investigation and prosecution powers of the Control and Investigation Board in criminal cases to the Public Prosecution. [376] Council of Ministers decision No. 34 of 10 December 2012 detailed the implementing mechanism for the transfer of oversight and investigation powers and activities to the Public Prosecution. [377] On 2 April 2014, a Royal Decree transferred the powers of the authorities and committees concerned with investigation and public prosecution in criminal cases to the Public Prosecution. The transfer included jurisdiction in matters governed by 42 enactments that were being applied by other relevant authorities. On 6 July 2015, Council resolution No. 422 transferred competence to examine and investigate criminal offences from the Control and Investigation Board to the Public Prosecution; the most prominent of these were: offences proscribed in the Anti-Bribery Law, the Anti-Forgery Law, the Law concerning official positions in which public property is handled, the Law penalizing the impersonation of public officers, and the Law penalizing the counterfeiting of money. [378] Royal Decree No. 30174 of 7 February 2019 transferred the investigation and prosecution powers in customs cases from the General Authority of Customs to the Public Prosecution, without prejudice to the original competencies of the Public Prosecution as stipulated in article 3 of its Law. [379]

The Public Prosecution has a Management Committee consisting of the Public Prosecutor, his deputy and seven members of the Public Prosecution holding the rank of Head of the Investigation and Prosecution Department “A.” In addition to the powers stipulated in the Public Prosecution Law and its implementing regulations, the Committee exercises the following functions:

• Examination of all matters related to members of the Public Prosecution including promotion, delegation, transfer, secondment, training, inspection of their work, discipline and termination of their services, according to the established laws and regulations, in a manner that guarantees their independence;
• Issuance of regulations governing functional affairs of the members of the Public Prosecution, following approval by the King;
• Establishment of the departments required for exercise of the Public Prosecution’s jurisdiction, in accordance with its needs;
• Supervision of the Public Prosecution offices, departments and members and their work, in the manner stipulated by law;
• Study of matters related to the work of the Public Prosecution or referred to the Committee by the public prosecutor;
• Preparation of an annual report, for submission to the King, containing its observations and proposals regarding the progress of its work and its views on the regulations and procedures that it applies. [380]

The Public Prosecution Law judicialized the status of its members, assured them of complete independence in the conduct of their work subject to compliance with the provisions of the Islamic Shari’ah and the relevant regulations, and stipulated that no one would be permitted to interfere in their work. [381] The Public Prosecution offices in the Kingdom comprise 15 investigation and litigation units specialized in:

• Narcotics and Psychotropic Substances.
• Sexual Offences and Immorality.
• Criminal Assault.
• Offences against Property.
• Public Service Offences.
• Economic Offences.
• International Cooperation.
• Traffic offences.
• Family and Juveniles.
• Disruption of Public Order.
• Media Offences.
• Public Prosecution.
• Corruption.
• Investigation of Ministers’ Crimes.
• Trafficking in Persons.

These units operate under the supervision of either the Public Prosecutor, his Deputy, the Chief Prosecutor for Investigation or the Deputy Chief of Public Prosecution for Oversight and International Cooperation. [382]

Finally, Royal Decree No. M/125 of 7 May 2020 amended article 112 of the Code of Criminal Procedure by giving the public prosecutor, in agreement with the Ministry of Interior and the Head of State Security, the authority needed to identify acts that could be deemed to constitute major offences. This amendment is an organizational adjustment designed to enhance the systematic governance of the judiciary and enable it to discharge its functions with complete independence and impartiality in accordance with a methodology targeting the achievement of excellence and a high level of performance and quality of work.

In short, the issuance of the Public Prosecution Law in its new form aims to strengthen the powers of the Public Prosecution and consolidate the rules of its operational mechanisms in a manner that ensures the effective administration of criminal justice, keeps pace with the most highly developed global systems and practices for public prosecution activities, contributes to the enhancement of judicial institutional systems and raises the level of performance and efficiency indicators. The Law will enable the Public Prosecution to complete the updating of its programmes and regulations for criminal procedural work by laying down the mandatory rules therefor in a manner consistent with the current requirements of this demanding task. The provisions set forth in that Cabinet decision are fully in keeping with the Kingdom’s Vision 2030 which seeks to ensure development, justice and well-being for all citizens and residents.

4.3.5.2. Control and Anti-Corruption Authority

The National Anti-Corruption Commission (“Nazaha” as it is more commonly known) was established in 2011 [383] as the first regulatory body in the Kingdom to monitor the implementation of the national strategy to protect public funds and combat and eliminate corruption. Nazaha exercises its jurisdiction over the public sector and all companies that are 25 per cent or more State-owned [384] and is fully independent insofar as it reports directly to the King and is not answerable to any other State institutions or bodies, none of which have the authority to interfere in its work. [385] The Commission has benefited from efforts to modernize its operations through both legislative changes and technological developments. [386]

On 4 November 2017, King Salman issued Royal Order No. A/38 establishing a Supreme Anti-Corruption Committee chaired by H.R.H. the Crown Prince and including the following members: the Chairman of the Monitoring and Investigation Commission, the Chairman of the National Anti-Corruption Commission, the Head of the General Auditing Bureau, the Public Prosecutor and the Head of State Security. The Committee’s objective is to protect public funds and achieve significant economic benefits, particularly by ensuring the return of unlawfully-obtained public funds to the State treasury and strengthening the trust of investors so as to encourage them to enter the Saudi market. [387] In January 2019, the Royal Court announced that the Committee headed by the Crown Prince had recovered $107 billion in settlements including property, companies and cash. A total of 381 individuals were summoned by the Committee, 87 agreed to settle, 8 refused and 56 were denied settlements because of pre-existing charges.[388]

In December 2019, three Royal Orders issued to combat financial and administrative corruption [389] approved the organizational and structural arrangements relating to the fight against financial and administrative corruption in proper form. These included the following:

• Incorporating the Control and Investigation Authority and the Mabahith in the National Anti-Corruption Commission and altering its name to Control and Anti-Corruption Authority .
• The chairman of the National Anti-Corruption Commission shall assume the powers vested in the head of the Supervision and Investigation Commission, as well as the powers of the head of the Mabahith. He may also delegate whomever he deems appropriate to exercise any of these powers until all the necessary legal procedures are completed and acted upon.
• A criminal investigation and prosecution unit shall be established in the Control and Anti-Corruption Authority which will be responsible for criminal investigations and the prosecution of criminal cases relating to financial and administrative corruption.
• The head of the Control and Anti-Corruption Authority shall coordinate with the Attorney General for the Public Prosecution to continue investigating cases of financial and administrative corruption in some regions of the Kingdom that do not have branches of the Control and Anti-Corruption Authority, provided that a specific mechanism is established between the Public Prosecution and the Authority to ensure that these cases are identified and followed up by the Authority, in addition to monitoring their outcome.
• Spatial jurisdiction shall be assigned in all cases involving financial and administrative corruption at the special court for Riyadh.
• The Control and Anti-Corruption Authority shall take the necessary measures in respect of offences of financial and administrative corruption, its perpetrators and parties thereto, regardless of whether they are ordinary people, civil or military officials, persons in equivalent positions or persons with a past record of committing such offences.
• A judgment delivered by a competent court convicting any employee, or person in an equivalent position, of a criminal offence involving financial or administrative corruption shall entail dismissal from their post.
• If the investigation of a public employee, or person in an equivalent position, leads to strong suspicions concerning his professional integrity, the Authority’s president may, after discussing the matter with the head of the agency to which the employee is affiliated, propose his dismissal by Royal Order, without prejudice to the completion of any criminal proceedings against him.
• If an undue increase occurring in the wealth of the public employee, or person in an equivalent position, after assuming his post is inconsistent with his income or resources and if evidence from financial inquiries indicates that he has committed financial or administrative corruption offences, he must prove that his wealth was acquired legitimately. If he is unable to provide proof to this effect, the results of the financial inquiries must be referred to the Authority’s Criminal Investigation and Prosecution Unit so that it can investigate the employee in question and take the requisite action against him.[390]

These arrangements clearly demonstrate the Saudi Government’s commitment to fight corruption from the stage of investigation to prosecution including, if appropriate, the imposition of disciplinary sanctions. They empower the new Authority to propose suspension of the employee, regardless of his job grade (civilian or military), pending investigation. Such measures are designed to expedite the process of investigating corruption cases at all its stages up to the issuance of a ruling by the competent court. They aim to preserve the integrity of public office and safeguard public funds by giving the new body broader authority to pursue corruption in all sectors and fight illicit enrichment. They eliminate all obstacles that might impede prosecution by establishing search and seizure procedures and ensuring the return of stolen funds even if they were smuggled outside the Kingdom.[391] This underlines the Kingdom’s commitment to combat all forms of corruption and improve the performance and effectiveness of the supervisory bodies in order to achieve the highest levels of integrity, eliminate corruption and protect public finances in keeping with the Saudi Vision 2030 that regards transparency, integrity and countering graft as its main pillars. [392]

Having taken the necessary measures in respect of offences of financial and administrative corruption, its perpetrators and parties thereto, the Control and Anti-Corruption Authority announced in March 2020 that recent investigations of persons accused of corruption had led to the seizure of more than $100 million. The Authority asserted that it had heard statements from 674 persons, 298 of whom were arrested and charged with “various financial and administrative corruption offences consisting in bribery, embezzlement, waste of public funds, exploitation of position and abuse of public office.”[393]

4.3.6. The Current Board of Grievances System (Administrative Courts)

The Royal Decree of 2007 also approved an overhaul of Saudi Arabia’s Board of Grievances system. The pyramidal structure of the new Board’s administrative courts stands parallel to the structure of the ordinary courts. The Law of the Board of Grievances of 2007 states that the Board of Grievances—based in the city of Riyadh—is an independent administrative judicial commission responsible directly to the King. [394] Article 1 of the Law of Procedure before the Board of Grievances of 2013 stipulates that “the Board of Grievances courts shall, in the cases filed therewith, apply the rules of the Islamic Shari’ah in accordance with the Qur’an, the Sunnah and laws not conflicting with the present Law, and their proceedings shall comply with the provisions thereof.” [395]

The Board of Grievances consists of a President holding ministerial rank, at least one Vice-President, a number of Assistant Vice-Presidents and several judges.[396] Vice-Presidents are appointed by Royal Order from among persons possessing the qualifications required to become chief justice of an appellate court. [397] Alongside the Supreme Judicial Council, the Law of the Board of Grievances of 2007 established an Administrative Judicial Council composed of the President of the Board, the Chief Justice of the High Administrative Court, the senior Vice-President of the Board, and four judges holding the rank of appellate chief justice, all appointed by Royal Order. [398] The Administrative Judicial Council performs several administrative functions similar to those of the Supreme Judicial Council. [399] The Council meets every two months; its meetings are valid if attended by at least five of its members and decisions of the Council are adopted by majority vote. [400] It has established several committees, including the Jurisdictional Conflict Committee [401] and the Judicial Disciplinary Committee, and a Judicial Inspection Department. [402]

In a further measure to develop the Kingdom’s administrative judiciary in conformity with the new Law of the Board of Grievances of 2007, Royal Decree No. M/3, issued on 25 November 2013 promulgated the new Law of Procedure before the Board of Grievances under which the Kingdom’s administrative judiciary has an independent system of litigation procedures. This constituted an unprecedented step at the international level insofar as even countries with a long-established administrative judiciary have not yet promulgated such special administrative litigation procedures. However, the Law of Procedure before Shari’ah Courts still applies to cases filed with Board of Grievances courts unless it conflicts with a particular rule laid down in the Law of Procedure before the Board of Grievances of 2013 or with the nature of administrative disputes. [403]

Under the Law of the Board of Grievances of 2007, the Board has the following hierarchical structure:

• High Administrative Court;
• Administrative Courts of Appeal; and,
• Administrative Courts (See Chart 12). [404]

Chart 12: Simple Structure of Current Board of Grievances System

4.3.6.1. High Administrative Court

The Law of the Board of Grievances of 2007 established a High Administrative Court consisting of a Chief Justice holding ministerial rank—appointed by Royal Order – and a sufficient number of judges holding the rank of appellate chief justice—appointed by Royal Order on the recommendation of the Administrative Judicial Council. [405] The High Administrative Court exercises its jurisdiction through specialized circuits (as needed) composed of three-judge panels. [406] It has a General Council, presided over by the Chief Justice of the High Administrative Court, of which all the judges are members. Its meetings are valid if attended by at least two thirds of its members. The Council’s decisions are adopted by majority vote. [407] If, while reviewing a complaint, any of the High Administrative Court circuits deems it necessary to depart from an interpretation adopted by the same or a different division of the Court, the case is referred to the Chief Justice of the High Administrative Court, who refers it to the Court’s General Council for a decision. [408]

The Board’s High Administrative Court has jurisdiction to review judgments delivered or upheld by the Administrative Courts of Appeal if the objection to the judgment is based on:

• Violation of the provisions of the Shari’ah or of laws not inconsistent therewith or an error in application or interpretation thereof, including violation of a precedent established in a judgment delivered by the High Administrative Court;
• Delivery by an incompetent court;
• Delivery by a court not constituted in accordance with the law;
• An error in the characterization or description of the facts;
• Settlement of a dispute in a manner that contradicts another judgment previously delivered in connection with the litigants;
• Conflict of jurisdiction among the Board’s courts. [409]

Article 45 of the Law of Procedure before the Board of Grievances of 2013 states that objections should be filed with the High Administrative Court by means of a memorandum, deposited by the objector or his/her representative with the administrative appellate court that rendered judgment, pursuant to the procedures for the filing of cases. [410] An objection before the High Administrative Court does not entail suspension of execution of judgment. However, the Court may order a suspension of execution of judgment if so requested in the objection memorandum or if the Court believes that execution would entail effects that would be difficult to remedy. If the Court orders suspension of execution of judgment, it takes this into account when scheduling a hearing for consideration of the objection.[411] In addition, if the High Administrative Court annuls the objected judgment on grounds of lack of competence, it renders a judgment on the issue of competence and, if necessary, refers the case to the competent court. However, if the Court annuls the judgment on other grounds, it refers the case back to the court that rendered the objected judgment with a request for it to render another judgment without reconsidering the case. In such an event, the court to which the case is referred should follow the judgment rendered by the High Administrative Court. However, if the Court decides to annul the objected judgment again and the subject matter is valid for judgment, it should render its judgment thereon. [412] Finally, objections to judgments of the High Administrative Court should be lodged only by means of a review request against which the judgment would be evidence and would not constitute intervention in the case. [413]

4.3.6.2. Administrative Courts of Appeal

The Law of the Board of Grievances of 2007 made provision for at least one Administrative Court of Appeal. Each such court functions through specialized circuits consisting of three-judge panels. The Administrative Courts of Appeal hear appealable decisions from the lower Administrative Courts.[414] The Board of Grievances currently has four Administrative Courts of Appeal in Riyadh, Makkah, the Eastern Province and Asir with jurisdiction covering all the Kingdom’s provinces.

Appeals are lodged by means of a memorandum filed, by the appellant or his/her representative, with the administrative court that rendered the judgment, in accordance with the procedures for the filing of appeals. [415] It is noteworthy that appellate judgments are rendered solely on the points forming the subject of the appeal. The Administrative Courts of Appeal consider the appeal on the basis of the pleas and evidence presented and whatever was submitted to the administrative court. [416] Appealing a judgment ending litigation inevitably entails appealing all judgments rendered in the case, while appealing a provisional injunction entails appealing only the judgment rendered thereon. [417] If it annuls a provisional injunction, the Administrative Court of Appeal must refer the case back to the administrative court to take a decision thereon. [418]

Review of final judgments rendered by the administrative courts and the administrative appellate courts may be requested in the circumstances specified in the Law of Procedure before Shari’ah Courts. [419]

4.3.6.3. Administrative Courts (First–Instance Courts)

The Law of the Board of Grievances of 2007 made provision for one or more administrative courts. Each court functions through specialized administrative, employment, disciplinary and subsidiary circuits composed of either a single or three-judge panel. [420] The administrative courts have jurisdiction to adjudicate the following:

• Cases relating to rights provided for in civil service, military service and retirement legislation applicable to employees of the Government and entities with independent corporate personality or their heirs and other beneficiaries;
• Cases for revocation of final administrative decisions issued by the officials concerned when the appeal is based on grounds of lack of jurisdiction, defect in form or substance, violation of laws or regulations, error in application or interpretation thereof or abuse of power, including disciplinary decisions and decisions issued by quasi-judicial committees and disciplinary boards as well as decisions issued by public benefit associations and the like relating to their activities. An administrative authority’s refusal or failure to take an action required of it in accordance with the laws and regulations is deemed to constitute an administrative decision;
• Tort cases initiated by the persons concerned against an administrative authority’s decisions or actions;
• Cases relating to contracts to which an administrative authority is party;
• Disciplinary cases filed by a competent authority;
• Other administrative disputes;
• Requests for enforcement of foreign judgments and arbitral awards. [421]

It is therefore evident that the Board of Grievances is continuing to handle administrative disputes involving government departments. [422] It is important to note that the previous Law of the Board of Grievances, adopted in 1982, empowered the Board to hear and punish offences involving bribery, forgery, exploitation of official influence or abuse of authority in criminal prosecution proceedings, or violations of human rights. However, under the Law of the Board of Grievances of 2007, the Board’s jurisdiction over criminal offences that had been granted by the Law of 1982 was relinquished to the current Ordinary Court System. Furthermore, the Board of Grievances is not empowered to hear requests relating to sovereign acts, objections filed by individuals against judgments or decisions issued by ordinary courts or legal panels within their respective jurisdictions, or any decision taken by the Supreme Judicial Council or the Administrative Judicial Council.[423]

However, the Board of Grievances does have jurisdiction over most of the administrative committees’ administrative disputes. It is noteworthy that all the existing commercial and criminal circuits of the Board of Grievances’ first-instance and appellate courts are being transferred to the current Ordinary Courts System’s first-degree and appellate criminal courts[424] and, until that process has been completed, the Board of Grievances’ first-instance and appellate courts will continue to hear the following:

• All commercial suits in accordance with Council of Ministers order No. 241 of 26 June 1987 and all resolutions relating thereto;
• All criminal suits filed by the competent authority in the Kingdom against defendants accused of committing the offences specified in Royal Order No. M/43 of 16 June 1958, and against defendants accused of committing the offences provided for in specific criminal legislation such as the enactments promulgated to combat forgery, bribery and commercial fraud. [425]

The Council of Ministers’ Bureau of Experts has established a committee to review and propose amendments to all laws and regulations affected by the transition.[426] The Board of Grievances currently has 14 administrative courts in the cities of Riyadh, Jeddah, Dammam, Abha, Madinah, Sakaka, Buraidah, Ha’il, Arar, Makkah, Jizan, Najran, Tabuk and Al-Bahah.

Chart 13: Structure of the Current Judicial System in Saudi Arabia

Click to enlarge image

 

4.3.7. Judges’ Qualifications, Job Performance and Training

As the Islamic Shari’ah is the main authority for Saudi courts, a judge is required to have a high level of education, knowledge and understanding of socio-cultural issues and must be equipped with the tools of ijtihad, as well as specific professional skills that will lead to reasonable, fair and impartial judgments. The Law of the Judiciary requires each judicial candidate to hold a degree from one of the Shari’ah colleges in the Kingdom of Saudi Arabia. According to the Saudi ulama, the purpose of such education in Saudi universities is to produceulama capable of varying degrees of ijtihad. [427] A candidate may hold an equivalent certificate, although he is required to pass a special examination set by the Supreme Judicial Council. [428] To enable judges to attain the highest levels of education, the Kingdom has established a Judicial Academy and an Institute of Public Administration to train judges, enhance their expertise, develop their skills and provide them with the information that they need in order to function effectively. In addition, to ensure a smooth transition from the current to the new judicial system, the Law of the Judiciary requires all criminal, labour and commercial first-degree and appellate court judges in all the Kingdom’s provinces, governorates and districts to undergo at least two months’ training in commercial, labour and criminal procedural laws and other relevant regulations.[429]

There are various requirements and qualifications that a person must meet in order to serve as a member of the judiciary. To be appointed as a judge, a candidate:

• Must be a Saudi national;
• Must be of good character and conduct;
• Must be qualified to hold the position of judge in accordance with the provisions of the Shari’ah;
• Must fulfil certain educational requirements;
• Must not be under 40 years of age if he is to be appointed as an appellate judge, or under 22 years of age if he is to be appointed to any other rank; and,
• Must not have been sentenced for an offence prejudicial to his piety or honour, or dismissed from a public office as a disciplinary action, unless he has since been rehabilitated. [430]

Assistant judges are initially appointed on probation for a period of two years[431] and newly appointed judges are assigned to serve on probation with court judges for at least one year in order to become familiar with the court’s procedures. [432] During the period of probation, newly appointed assistant judges benefit from the experience of senior judges and work on simple cases and settlements. Their work is always reviewed by higher-ranking judges and their judgments are examined to ensure that they conform to the rules and procedures of the courts before they are handed down. [433] In addition, during the period of probation, an assistant judge may be dismissed for lack of competence by a decision of the Supreme Judicial Council. [434] Other newly appointed judges may be dismissed during their period of probation for lack of competence by Royal Order on the recommendation of the Supreme Judicial Council.[435]

A judge who begins his career at the bottom of the judicial hierarchy usually needs to satisfy additional requirements in order to be promoted to a higher tier of the judiciary. These requirements include:

• A graduate degree from the High Judicial Institute or one of the Shari’ah colleges in the Kingdom;
• A diploma in system studies from the Institute of Public Administration in the Kingdom;
• Experience in teaching Islamic law (fiqh) or Islamic jurisprudence (usul al-fiqh) in one of the Shari’ah colleges; or,
• Experience in performing comparable judicial duties for a specified period of time.[436]

These and other requirements are strictly enforced to ensure the presence of qualified judges in each tier of the judiciary. The new ranks of the judiciary are organized according to the following hierarchical structure:

• President of the High Court
• Appellate Chief Justice
• Appellate Judge
• Chief Judge (A)
• Chief Judge(B)
• Deputy Chief Judge (A)
• Deputy Chief Judge (B)
• Judge (A)
• Judge (B)
• Judge (C)
• Assistant Judge

The current ranking system for members of the judiciary placed the position of President of the High Court at the top of the judicial hierarchy, replacing the Chairman of the Supreme Judicial Council (see Chart 14). [437] These posts are filled in accordance with the provisions of the Law of the Judiciary of 2007.[438]

Chart 14: The Current Ranks of the Judiciary in the Saudi Arabian Ordinary Court System

Judges are normally appointed and promoted by Royal Order based on a decision of the Supreme Judicial Council. The Supreme Judicial Council’s decision must specify the statutory conditions that have been fulfilled in each case. In the event of promotion, the Council usually follows the order of absolute seniority in service. Where two or more judges have served for equal periods of time, the selected candidate is given priority based on his performance reports. Where the performance reports are equivalent, or if there are no performance reports to examine, priority is based on age and seniority.[439]

Similarly, the holding of any rank in the Board of Grievances requires the qualifications specified in the Law of the Judiciary for the rank concerned, with slight modification. [440] Ranks in the current Board of Grievances are similar to the judiciary’s ranks and are filled in accordance with the provisions of the Law of the Board of Grievances of 2007.[441] The current ranking system for members of the Board places the Chief Justice of the High Administrative Court at the top of the hierarchy — similar to the position of President of the High Court established by the current Law of the Judiciary (see Chart 15). The Law of the Board of Grievances of 2007 made provision for an Administrative Judicial Council which performs several administrative roles similar to those of the new Supreme Judicial Council. [442]

Chart 15: The Current Ranks of the Board of Grievances System

In accordance with the 1982 Law of the Judiciary, a Judicial Inspection Department was established at the Ministry of Justice, consisting of a director and a number of members selected from among the judges of the appellate or general courts by decision of the Supreme Judicial Council and appointed for a renewable term of one year. Under the 2007 Law of the Judiciary, the Supreme Judicial Council has a Judicial Disciplinary Committee[443] which inspects the work of judges of appellate and first-degree courts in order to ascertain their level of proficiency and their ability to perform their official duties. All such inspections are conducted by members holding higher rank than the judges whose work is being inspected. [444] Members of the judiciary are inspected at least once and not more than twice a year [445] and their performance is rated as:

• Competent
• Above average
• Average
• Below average[446]

If a judge is rated as below average in three consecutive performance reports, he is relieved of his duties by a Royal Order based of a decision by the Supreme Judicial Council. [447] Judges are allowed to contest the findings of these reports through specific mechanisms and regulations.[448] No member of the judiciary may be promoted unless his work has been subjected to inspection at least twice while he was at the rank from which he is to be promoted, and on the condition that the last two reports preceding the promotion must have rated his performance as, at least, average. [449] The previous Board of Grievances had a Supervisory Committee which exercised oversight of the Board’s members and functioned in a manner similar to a judicial inspectorate.[450] However, under the 2007 Law of the Board of Grievances, the current Administrative Judicial Council comprises a Judicial Inspection Department. [451]

Pursuant to the 2007 Law of the Judiciary, judges undergo professional training in “special courts” jurisdiction before they assume their functions and the Ministry of Justice has drawn up detailed plans, in coordination with the Supreme Judicial Council, the Ministry of Finance and the Ministry of Civil Service, for the restructuring of the legal system and the creation of the requisite number of new judicial posts in the courts, as well as the post of Assistant Undersecretary for Court Affairs at the Ministry. More than 3,700 new legal staff have been appointed and a number of training programmes have been launched for them. A total of more than 115 new court buildings and notarial offices have also been opened in various parts of the country. [452]

There has been a notable increase in the number of judges in the judicial system. In October 2015, the number of judges totalled 1,800, of whom 600 ranked as assistant judge, 100 as appellate chief justice and 400 as appellate judge. These figures are expected to rise even further as many scholars have affirmed that the Kingdom’s judicial system needs at least 3,000 judges.[453]

In short, the application of Islamic law in the Saudi Arabian courts requires judges with specialized qualifications in complex jurisprudence. A judge’s knowledge, qualifications and professional experience, confirmed by inspection, ensure respect for his judicial standing and greater confidence in his judicial rulings.

4.3.8. Judicial Independence

The Kingdom realized that an independent judiciary is a fundamental requirement for the protection of rights and freedoms. Such protection cannot be provided without ensuring a fair trial under an independent and impartial court system. The independence of the judiciary is enshrined in article 46 of the Basic Law of Governance which states that “the judiciary shall be an independent authority and, in their administration of justice, judges shall be subject to no authority other than that of the Islamic Shari’ah.”[454] The same principle is embodied in the Law of the Judiciary, which makes provision for several safeguards. For example, article 1 of the Law stipulates that “judges are independent and, in their administration of justice, shall be subject to no authority other than the provisions of the Shari’ah and the laws in force.”[455] Under the same article, “no one may interfere with the judiciary.” [456] Article 5 of the Ordinance concerning the Prosecution of Ministers prohibits any personal interference in judicial matters, which it designates as an offence punishable by a term of three to five years’ imprisonment. [457]

The Law of the Board of Grievances likewise recognizes the Board as an independent administrative judiciary [458] and the Board and its judges enjoy the same safeguards as those provided in the Law of the Judiciary.[459] Since an important aspect of judicial independence is the protection of judges from removal from office or transfer, such protection is guaranteed by the Law of the Judiciary in order to protect judges from any act that might compromise their independence. Article 2 stipulates that “judges are not subject to removal from office except in the circumstances specified herein.”[460] Article 3 further stipulates that “judges may be transferred to other positions only with their consent or by reason of promotion in accordance with the provisions hereof.”[461] Accordingly, under the provisions of the Law of the Judiciary, judges are not subject to removal from office except in circumstances specified therein, such as retirement. [462]

The accountability of judges is ensured by special procedures which provide the safeguards needed to ensure the protection and independence of judges. Article 4 of the Law of the Judiciary stipulates that “a judge may not be sued except in accordance with the conditions and rules pertaining to the disciplining of judges.” [463] Section V of the Law of the Judiciary is devoted to disciplinary sanctions against judges. [464] To ensure that the executive authority will not interfere in the judicial system, the Law of the Judiciary emphasizes that the Supreme Judicial Council is the only authority empowered to discipline a judge. [465] While the previous Board of Grievances had a Disciplinary Committee which sanctioned misconduct on the part of the Board’s members, [466] the Administrative Judicial Council provided for in the 2007 Law of the Board of Grievances includes a Judicial Inspection Department. [467]

It is important to note that the 2007 Law of the Judiciary clearly acknowledges the doctrine of separation of powers. It stresses the authority of judges to reach decisions in a manner independent of outside influence, especially the influence of the Executive Branch. The most significant feature of the Law is its practical application of the principle of judicial independence, as evidenced by its limitation of the Ministry of Justice’s administrative control over the judiciary. In accordance with the Law, the right to oversee all courts and judges was transferred from the Ministry of Justice to the Supreme Judicial Council, [468] which now makes all decisions regarding the promotion, transfer, assignment, replacement and training of judges and monitors the proper discharge of their duties and other issues that were formerly under the supervision of the Ministry of Justice.[469]

In addition, under the previous Law, the Minister of Justice was vested with authority to approve decisions of the courts’ higher councils, such as the General Council of the Courts of Appeal. [470] However, the 2007 Law of the Judiciary excluded the Minister of Justice from the decision-making process of similar bodies such as the High Court’s General Council which, under the new Law, renders its decisions by majority vote. All its decisions are final and made without any interference from any member of the Executive Branch. [471] Moreover, the new Law removed a provision in the 1975 Law under which the Minister of Justice was empowered to designate a person to fill an absent member’s seat at meetings of the Supreme Judicial Council. [472]

Furthermore, the Supreme Judicial Council is now the sole authority competent to determine the composition of the first-degree courts and designate their seats and jurisdictions, [473] which was previously effected by decision of the Minister of Justice on the recommendation of the Supreme Judicial Council. [474] The Council also became the sole authority competent to designate the appellate chief justices and their deputies, as well as the first-degree chief judges and their deputies,[475] and to decide when the first-degree courts could hold hearings outside their areas of jurisdiction. [476] Special examinations for judgeship candidates holding Shari’ah degrees from one of Saudi Arabia’s Shari’ah colleges are now being set by the Supreme Judicial Council instead of the Ministry of Justice. [477] The Supreme Judicial Council now has the authority to specify what is meant by “judicial duties,” mentioned as a requirement in the appointment and promotion process for judges. Such determinations were previously made by the Council of Ministers on the recommendation of the Minister of Justice. [478]

The principle of judicial independence from the Executive Branch was further consolidated when the 2007 Law of the Judiciary transferred the judicial inspection function from a committee under the Ministry of Justice to the Supreme Judicial Council. [479] The Law also reassigned the authority to issue judicial inspection regulations and procedures, to institute disciplinary action and to reprimand judges from the Minister of Justice to the Supreme Judicial Council. [480] Finally, it should be noted that, under the 2007 Law of the Judiciary, interaction between the Ministry and the courts is limited to matters involving:

• Administration and financial supervision of the courts and other judicial panels;
• Assurance of the smooth functioning of the judiciary;
• Modernization of the judiciary; and,
• Improvement of its efficiency. [481]

However, it has been argued that decisions pertaining to the appointment of judges are made, to a large extent, by administrative authorities. For instance, the members of the Supreme Judicial Council and the President of the High Court are appointed by the King. [482] To understand why high-ranking judges are appointed by the King, it is important to realize that, under the Islamic Shari’ah, a Muslim ruler is mainly responsible for the administration of justice and maintenance of the independence and integrity of the judiciary. It is his duty to seek persons highly qualified and well-versed in Islamic law for nomination to the highest courts and councils in the Kingdom. [483] This process is part of the King’s constitutional role, specified in article 55 of the Basic Law of Governance as being “to conduct the policy of the nation in a legitimate manner in accordance with the precepts of Islam; the King oversees the implementation of the Islamic Shari’ah, the system of government, the State’s general policies and the protection and defence of the country.”[484]

Hence, it is the type of responsibility and authority assigned by Islamic jurists to the head of an Islamic State which has been exercised by Muslim rulers throughout history. [485] It is also worth mentioning that, although the King appoints judges so that they can put Islamic law into effect, the applied law (Shari’ah) remains independent of the King and outside the State’s domain. In other words, although a Muslim ruler appoints judges, he is not entitled to interfere in the judicial process by altering decisions or redirecting cases. Thus, the principle of separation of powers is maintained between the King and the judiciary. [486]

The right to be heard by an independent and impartial court is a basic and absolute right “…that may suffer no exception.” [487] Due to the fundamental nature of the right to a fair trial, it “…requires compliance in appearance as well as fact.” [488] The requirement of independence has been interpreted to mean that “the courts must be independent of both the executive and the parties.” [489] This independence must be institutional and functional. For instance, the European Court of Human Rights stipulated that, for impartiality to exist, two conditions must be satisfied: “(i) the tribunal must be subjectively free of personal prejudice or bias; and (ii) the tribunal must be impartial from an objective point of view” (i.e. it must offer sufficient guarantees to exclude any legitimate doubt of partiality). [490]

The overall influence of the administrative power should be weighed against other aspects of judicial Laws that provide guarantees of independence and impartiality. “The international instruments and guidelines require that the courts operate in a manner strictly consistent with fair trial requirements.”[491] Limited administrative involvement in the judiciary may be tolerated only as long as sufficient safeguards are in place to guarantee the courts’ and judges’ independence and impartiality. The law in Saudi Arabia recognizes the principle of the independence of the judiciary and judges. Administrative involvement in the judicial nomination process is restricted and based on criteria such as seniority in the ranking of the judiciary.

The judicial system is designed to ensure the independence of judges and their adherence to Islamic rules while providing them with adequate safeguards to protect them from arbitrary transfer, dismissal or legal action. Therefore, there is no legitimate reason to fear that a particular judge might lack independence or impartiality due to the limited level of administrative involvement in the Saudi Arabian judicial system.

4.3.9. Quasi-Judicial Committees

Besides the judiciary (ordinary courts) and the Board of Grievances (administrative courts), there are a number of committees linked to the Executive Branch with judicial power and jurisdiction to settle various commercial, criminal and civil disputes. These committees are established under the supervision of agencies or authorities created by the Executive Branch. The jurisdiction of each committee is always determined by its constituting decree or from the enforcement of particular laws which often contain articles establishing these committees and organizing their jurisdiction and functions. [492] The Executive Branch exercises a wide range of discretionary authority over these committees. Therefore, these committees are not sufficiently independent due to the fact that the head of the agency may exercise a wide range of discretionary authority over a committee in a way that could affect its decisions. [493]

Being part of the Executive Branch, the quasi-judicial committees are not subject to judicial review of their decisions. Article 9 of the 1982 Law of the Board of Grievances did not give it authority to review quasi-judicial committees’ decisions. [494] However, the overhaul of the judicial system in 2007 brought a major change to a long-standing practice. Article 13(b) of the 2007 Law of the Board Grievances explicitly gives the Board jurisdiction over quasi-judicial committees. It states that Administrative Courts shall have jurisdiction to decide the following:

Cases for revocation of final administrative decisions when the appeal is based on grounds of lack of jurisdiction, defect in form or cause, violation of laws and regulations or erroneous application or interpretation thereof or abuse of power, including disciplinary decisions and decisions issued by quasi-judicial committees and disciplinary boards as well as decisions issued by public benefit associations – and the like – in connection with their activities. The administrative authority’s refusal or failure to take a decision required of it in accordance with the laws and regulations shall be deemed an administrative decision. [495]

The main committees that currently have jurisdiction to adjudicate certain cases (mostly commercial) are as follows:

• The Committee for Resolution of Securities Disputes (CRSD): Formed pursuant to article 25 of the Capital Market Law, promulgated by Royal Decree No. M/30 of 31 June 2003. It consists of members specialized in the conduct of financial transactions and stock markets, as well as being experts in commercial and financial matters and securities issues. It examines disputes in terms of public and private rights.
• The Committee of Banking Disputes: Established under the Saudi Arabian Monetary Authority (SAMA), it has jurisdiction only over cases involving banks as either plaintiff or defendant when the claim is a result of banking business (Regulation of the Committee of Banking Disputes, Royal Order No. 37441 of 2012).
• Committee for Resolution of Insurance Disputes and Violations: This Committee vested with the power to look into disputes relating to insurance claims was established under the Ministry of Finance (The Cooperative Insurance Companies Control Law, Royal Decree No. M/32 of 2003).
• The Committee for Financial Disputes and Violations: Created under the Finance Companies Control Law of 2012 to look into violations and disputes arising from the application of the provisions of this Law. Like the Committee of Banking Disputes, this Committee was established under SAMA as a government institution (The Finance Companies Control Law, Royal Decree No. M/51 of 2012).
• Tax Violations and Disputes Resolution Committees (VDRCs): Settlement of violations and disputes arising from the application of the provisions of tax regulations (Royal Decree No. M/113 dated 2/11/1438 A.H., corresponding to 25 July 2017).
• The Committee for Settling Disputes and Violations of the Customs Act: This Committee under the supervision of the Ministry of Finance looks into offences and violations committed against the Customs Law of 2003. (The Common Customs Law of the GCC States, Royal Decree No. M/41 of 2003).
• The Committee for Adjudicating Violations of the Banking Control Law: Formed to adjudicate violations of the banking supervision system based on article 25 of the Banking Control Law issued by Royal Decree No. M/5 of 21 April 1966.
• The Committee for Adjudicating Violations of the Press and Publication Law: Formed to look into all violations of the provisions of the Press and Publication Law and apply the penalties prescribed in article 37 of the said Law issued by Royal Decree No. M/32, as amended by Royal Decree No. M/20 of 20 September 2012). [496]

These committees are characterized by the fact that they consist of primary and appellate committees and are not subject to oversight by the Board of Grievances (Administrative Courts).

Paragraph 9 of the implementing regulations of the Laws of the Judiciary and the Board of Grievances laid down a number of rules on how to deal with the existing committees. It was decided to transfer quasi-judicial committees exercising jurisdiction over criminal, commercial or civil cases to the ordinary court system by amending the Law of Procedure before Shari’ah Courts, the Law of Criminal Procedure and the Law of Procedure before the Board of Grievances. [497] However, three committees were excluded: the Tariff Committee, the Banking Disputes Settlements Committee and the Committee for the Resolution of Securities Disputes. The implementing regulations mandated the Supreme Judicial Council to conduct a comprehensive study of the status of these three committees.[498]

From the above, it is clear that there is a strong tendency to reconsider the status of these committees as exceptions to the ordinary court system and to replace them with courts specialized in labour, commercial, civil and criminal cases. However, since the implementing regulations were issued, many more quasi-judicial committees have been established and their number is increasing day by day (e.g. the recent creation of the Appeal Committee for Tax Violations and Disputes). [499] There are currently more than 120 such committees handling disputes in various fields and all this is under judicial review by the Board of Grievances (Administrative Courts).[500]

Quasi-judicial committees differ in nature from the ordinary courts insofar as they are not answerable to the judicial authority, their rulings are not subject to review by the High Court and their judges are not subject to judicial inspection or the mechanism for selecting and appointing judges. Despite the fact that the Supreme Judicial Council has recently taken steps to create enforcement courts to give effect to the decisions of quasi-judicial committees, [501] their differing status makes it hard for other countries to recognize their jurisdiction or implement their rulings. [502] Moreover, the Saudi legislature has been faced with several obstacles resulting from the specificity of many laws that require a high level of technical knowledge and qualifications and expertise that most of the judges in the Saudi judicial system do not possess and those who do possess them are inadequate in number to handle the large caseload pending in the courts. Perhaps judges’ qualifications, job performance and training under the current judicial system need to be addressed in order to meet the needs of these specialized fields.[503] Despite these obstacles, however, the Supreme Judicial Council is continuing to transfer quasi-judicial committees that have jurisdiction over criminal, commercial or civil cases to the ordinary court system. [504]

4.3.10. The Saudi Justice System and Vision 2030

Under the reign of King Salman, the judicial system has made considerable qualitative progress through comprehensive development of the judicial sector, the institutionalization of judicial independence, updating of the litigation procedures, introduction of many objective principles in matters relating to the judiciary, digitization of judicial services, and a notable increase in the level of beneficiaries’ satisfaction with judicial services.[505]

To achieve the ambitious goals of “Vision 2030,” we have already mentioned that the National Transformation Programme has developed eight themes comprising 37 strategic objectives. The strategic objectives that the Programme has formulated to overcome the challenges facing the fifth theme (Achievement of Governmental Operational Excellence) include enhancement of the quality of services provided by:

• Improving beneficiary experience in the justice system through judicial service centres, notaries and involvement of the private and non-profit sectors.
• Qualifying and developing judicial staff in the justice system through the classification of judicial professions, the establishment of a knowledge platform and the exchange of experiences and international cooperation.
• Supporting digital transformation programmes in the fields of management, documentation, implementation and e-payments in the justice system.
• Strengthening enforcement, documentation and real estate security in the judicial system through the provision of more services, digitization and involvement of the private sector.
• Developing commercial courts and various agencies and conflict resolution committees.

Under the fifth theme, the National Transformation Programme specifies several initiatives for the Saudi Justice System that include:

• Digitization of the Archive of Real Estate Wealth: This initiative aims to digitize the archive of all real estate instruments (registers, records, transactions) through electronic scanning and data compilation.
• Development of the Commercial, Labour and Appeal Justice System: This initiative aims to develop commercial courts and courts of appeal, establish labour courts and bring quasi-judicial committees under the Ministry of Justice through the preparation of policies, procedures, and legislation.
• Integrated Documentation System: This initiative aims to automate an integrated documentation system, including administrative processes, and the database that supports it. The system will facilitate reporting and support decision making.
• Enhancement of Operational and Administrative Procedures: This initiative aims to enhance the procedures applied by all types of courts by establishing an organizational structure and job descriptions.
• Activation of the Reconciliation System: This initiative aims to create a transformational vision, operational and legislative mechanisms and procedures, effective work rules and distinctive business models to achieve a qualitative shift in the process of reconciliation with the expansion of cities and governorates.
• Involvement of the Private Sector in Notarization: This initiative aims to authorize the private sector to carry out some notarization activities (e.g. issuance of agencies, property transfer services) in various regions with a view to facilitating legal services and making them available to beneficiaries outside governmental working hours.
• Development of an e-Payment System to Facilitate Court Orders : This initiative aims to facilitate payments in compliance with court orders to execute financial bonds by direct transfer from the executor’s account (without the need for cheques or banknotes) and to strengthen financial controls.
• Development of an International Judicial Leadership Forum: This initiative aims to enhance the Kingdom’s pioneering role in developing an institutionalized framework for courts by establishing an international forum that brings together judges from around the globe to exchange experiences, launch development initiatives and increase international cooperation.
• Development of e-Archives for Courts: This initiative aims to enable quick access to cases (estimated at 50 million legal documents) and protect rights by archiving and digitizing all court documents and fitting them into standardized templates.
• Justice Knowledge Platform: This initiative aims to activate quick access to judicial and legal knowledge through the development of a digital platform open to all citizens.
• Integrated Implementation System: This initiative aims to minimize the inflow into courts by automating the overall implementation processes and procedures in order to enhance the standard of services provided, improve the operational efficiency of the courts and increase their capacity to transfer selected types of cases to their review after transforming them into executive debentures.
• Highlighting the Advantages of the Saudi Justice System and Spreading Legal Awareness: This initiative aims to create positive local and global awareness of the Saudi justice system, its operational mechanisms, its legal provisions and its positive aspects in serving the local and international communities.
• Involving the Private Sector in Providing Support Services to the Court of Enforcement: This initiative aims to license the private sector to carry out supportive work for the Court of Enforcement, using one or more companies under the Court’s supervision.
• Prisoners’ Service System: This initiative aims to provide prisoners with easy access to judicial services, to establish a mechanism for remote trials that reduce the need to transfer prisoners to/from courts, and to create procedures to facilitate prisoners’ payment in financial cases.
• Utilization of Information Infrastructure: This initiative aims to study the information infrastructure to determine how the information available to the Ministry of Justice can be used to improve the quality of services for the Ministry’s beneficiaries and clients.
• Establishment of a Unified Translation Centre: This initiative aims to establish an integrated translation centre that will serve courts and other judicial facilities by providing translation services for most of the languages utilized, including sign language.
• Partners of the Justice System: This initiative aims to develop and classify justice system partners (e.g. lawyers, notaries, translators, experts), facilitate access to their services in courts and ensure the proper conduct of their proceedings.
• Optimization of Judicial Real Estate Assets: This initiative aims to examine the most appropriate mechanisms to optimize long-term expenditure and strengthen the State’s real estate assets by replacing the current rental mechanisms for judicial buildings with the participation of the private sector.
• Transformation of the Estate Contributions Commission into the Estate Liquidation Centre: This initiative aims to open several liquidation centres and assign a number of liquidation activities to the private sector, which will support the judicial process and improve standards of service.
• Raising the Kingdom’s Global Ranking: This initiative aims to develop the Ministry of Justice’s internal procedures and regulations, which have a direct impact on the Kingdom’s global classification in the field of legal systems (e.g. the enforcement index, and the registration index). [506]

To implement these initiatives, the Ministry of Justice and the Board of Grievances have undergone major reforms to achieve modern management practices and institutional excellence:

4.3.10.1. Ministry of Justice

The Ministry of Justice is currently working on the implementation of many initiatives and projects based on the best practices to improve the beneficiaries’ experience through institutionalized and objective development of the judiciary in keeping with the Saudi Vision 2030. The most prominent judicial development consisted in activating one of the most important judicial guarantees, namely pleading before courts of appeal as a second degree of litigation before the High Court’s jurisdiction.

The Ministry of Justice has launched the “Model Court” project which seeks to depart from the traditional ways of addressing the existing challenges in an innovative manner through a qualitative transformation of the litigation system in order to bring it into line with the internationally ideal model of a judiciary. The Ministry has established a central department for audit claims as the first stage of the “Model Court” project. The department receives claim registration requests from all courts in Saudi Arabia, inspects and checks them and makes sure that they meet all the necessary requirements.

We previously mentioned that the Ministry of Justice has completed the establishment of the “specialized court system” by launching the labour courts, which have greatly helped to improve labour market control and protect employment-related rights. The labour courts have considerably reduced the time needed to close cases; the average time is now 23 days, in contrast to the 250 days needed before the establishment of these courts. During their first year, the labour courts issued more than 50,000 judgments and held more than 170,000 hearings. Commercial courts were also established after the commercial departments of the Board of Grievances were transferred to the ordinary court system. That constituted a qualitative leap forward in this sector. The increased efficiency of these courts which was brought about, inter alia, by the electronic exchange of minutes led to a decrease in the number of their sessions. The commercial courts have issued more than 73,000 judgments since their establishment. [507]

By investing in human capital, the judiciary has expanded its judicial manpower. During the last five years, more than 1,200 judges were appointed to the ordinary court system (this number is equal to the number of judges appointed in the last 15 years). All new judges were equipped with the basic legal knowledge and endowed with specialized judicial skills. International training programmes were held in the United States and the United Kingdom and many prominent international experts were hosted to train judges in Saudi Arabia in the skills needed to handle claims management and money laundering, terrorism financing, bankruptcy and human trafficking cases.

In the last few years, the Ministry of Justice has implemented a number of initiatives to increase the number of its female employees and promote more of them to high-level positions. In late 2017, the Ministry started to provide special sections for women in courts around the country and also appointed female notaries. Previously, it was rare for women to work in courts.[508]

Another initiative consisted in the audio-visual recording of court hearings, which enhanced transparency and helped to safeguard the rights of the parties. The first stage included equipping 150 courtrooms in the capital city of Riyadh with audio-visual recording devices. The next step will be to equip more than 550 courtrooms in the Makkah region.

The Ministry of Justice has published a book on legal precedents containing 2,323 judicial principles and precedents printed in eight volumes. It also contains principles — established by the Supreme Court after reviewing more than 20,000 court rulings issued over 47 years (1971-2016) — summarizing the development of jurisprudence in the Kingdom. [509]

4.3.10.1.1. Paperless Courts

The Ministry of Justice has lauded digital transformation as a “vital catalyst for positive and sweeping societal change” in the Kingdom of Saudi Arabia, citing several large-scale projects within the legal sector that have streamlined procedures and reduced the use of paper.

One major step in the Ministry’s efforts was the launch of the “ NAJIZ” online portal in 177 first-instance courts in all regions of the Kingdom. The portal forms part of the endeavours being made to standardize judicial proceedings and apply digital transformation to institutionalize the judiciary and speed up the litigation process. The new portal was set up after restructuring the procedures adopted in all the courts in the Kingdom, and a new judicial procedural system document was drawn up and digitized. The system included launching approximately 120 services such as the “appeal without transcript” that enables first-instance courts to send the case file to the court of appeal electronically in just a few minutes and automatically receive a reply. The “NAJIZ” portal was also designed to restructure proceedings and task forces were formed to study the proceedings of the courts and compare them with legal proceedings, criminal court proceedings and related regulations in other countries. The number of beneficiaries who utilized the portal exceeded 1,090,000 and the number of visitors amounted to about 42,000 daily.[510] The Ministry produced an interactive manual to access “NAJIZ” services which included guidance to access services in all of the Ministry’s judicial, enforcement and verification sectors. [511]

The Ministry also launched an initiative called “Paperless Court” which sought to automate the procedures on a paperless basis through an electronic system to manage all stages of litigation by means of an integrated interactive system through which the request can be submitted and tracked without visiting the enforcement courts. This initiative formed part of the Ministry’s efforts in this regard that led to the launch of 15 enforcement-related e-services sparing clients the need to visit enforcement courts. The new services streamline and automate applications relating to enforcement notices, attachments and sanctions, enforcement notice invoices, visits and child custody, SADAD payment invoices and the unfreezing of public services. All these new services can be accessed through the “NAJIZ” justice portal. [512] The “Paperless Court” project was also launched in personal status courts in a few districts and has started to yield good results following digital integration between first-instance courts and appellate courts which allows digital appeal. Ministry indicators show that this integration has reduced procedural time and reflected positively on the level of achievement inside the court.[513]

A new version of the Ministry of Justice’s electronic portal was launched at the beginning of 2019, aiming to improve the beneficiaries’ experience and to provide judicial information and services more easily. The number of beneficiaries who used the electronic portal amounted to 20 million.

In addition, the Ministry of Justice – in collaboration with the Ministry of Municipal and Rural Affairs – has launched an electronic service to receive complaints regarding real estate ownership registration mistakes made by notaries or municipal offices through the website ” MILKIYAH.” This helps to enhance real estate security and facilitate services for the beneficiaries by monitoring the ownership registration procedures and solving any problems arising between the competent authorities.

In its efforts to devise alternative dispute resolution methods, the Ministry of Justice launched the reconciliation platform called ” TARADI,” which provides remote reconciliation services without the parties needing to visit reconciliation offices. The Ministry issued reconciliation rules enabling qualified men and women to register on the platform and mediate between disputing parties, which led to the referral of more than 110,000 cases to reconciliation. The service achieved huge success exceeding the planned targets and helping to decrease the volume of claims.[514]

Moreover, the Ministry of Justice has implemented King Salman’s Royal Decree approving judicial e-notifications — via SMSs on verified phone numbers, emails and accounts registered on governmental automated systems — as valid and effective notifications equivalent to those served by other means traditionally recognized by law. [515] Since the introduction of this system, the Ministry has sent more than 1.3 million judicial e-notifications.

A mechanism has also been introduced to update title deeds and obtain duplicates thereof. This new procedure saves 90 per cent of the clients’ time insofar as they need to visit the notarial office only once when the updated or duplicate title deed is ready.

Furthermore, to achieve the objectives of the National Transformation Programme 2020 and Vision 2030, the Ministry has launched an e-notarization system that provides several services which dispense with paperwork and spare clients the need to visit notarial offices for low-risk powers of attorney. One of the new e-services enables clients to inquire about the validity of their powers of attorney, terminate unwanted ones and find out about agencies that have checked the validity of any of their powers of attorney. Another e-service enables government agencies to verify powers of attorney online through the “YESSER” program. The new system abridges the procedures by about 79 per cent and directs clients straight to the assigned notary’s office without having to go through the data entry hall. E-notarization will save about 8 million sheets of paper annually, making notarization greener and more cost effective. [516]

Finally, the Ministry has inaugurated the Judicial Command Centre in Riyadh to monitor the Ministry’s strategic and operational indicators, enable rapid response and streamline judicial services. The Centre follows up on court and notarial office performances digitally in order to enhance daily productivity in the various judicial bodies and provide support to clients. It also provides support to legal entities and will be considered a baseline for development and implementation of the Ministry’s National Transformation Programme 2020. [517]

4.3.10.2. The Board of Grievances

The Board of Grievances has also been developed to a large degree. King Salman’s Royal Decree No. 29175 of 23 March 2017 approved the Board of Grievance’s strategy to achieve the objectives of the National Transformation Programme 2020.

The Board of Grievances has issued its first publication of the Law of Judicial Precedents from 1402 A.H. to 1436 A.H. (1982 – 2015) to facilitate access to case law. This edition comes in about 57 volumes and includes 22 chapters containing 1,336 judicial precedents drawn from 4,594 administrative judgments. This judicial achievement will help to reduce the duration of litigation by raising legal awareness, facilitating access to judicial knowledge and providing specialists and researchers with a unique reference on how to formulate judicial rulings within the administrative justice system. The Board has also launched an electronic service through which the codes of judicial case law and textual research on them can be browsed by chapter or topic in order to rapidly access the required judicial precedent while linking it with the provisions extracted from it. This publication can be accessed through the Board’s electronic portal .[518]

King Salman’s Royal Order No. 28214 of 17 March 2017 approved the organizational structure of the Board of Grievances, its courts and the Administrative Judicial Council. The High Court and administrative courts of appeal began exercising their jurisdiction pursuant to the Law of the Board of Grievances on 30 October 2017 . The Board now has 16 administrative first-instance courts and five administrative courts of appeal, in addition to the High Administrative Court.

The Board of Grievances also has its own “Court Model” in line with the Board’s vision for cases to be filed and litigation conducted electronically by exchanging notes electronically under a secured mechanism, thereby reducing the duration of litigation processes. This initiative also aims to facilitate the study of cases by judges and improve the quality of judgments and the distribution of judicial roles and duties. [519]

To achieve the goals set in its strategy for 2020, the Board launched the electronic system of the Supreme Administrative Court which manages the electronic registration, transfer and receipt of objections by the administrative appeal courts to and from the Supreme Administrative Court. Once recorded, they are referred to the appropriate division in the court and the procedures for the pleading and adjudication of objections can be conducted electronically. This system is a further development of the series of electronic judicial procedures complementing the services of the “Moeen” electronic programme. [520]

It is evident that the Board is seeking to increase its use of electronic means for judicial and administrative procedures in such a way as to benefit the general public and persons working in the courts through internal and external gateways. [521]

4.3.11. Sources of Law

All official legal materials in Saudi Arabia are written in Arabic, the country’s official language. Legal materials take many forms but can be classified under three main sources: Islamic Law, Statutory Law, and Royal Orders.

The legal system in Saudi Arabia relies on the two main sources of the Islamic Shari’ah: Qur’an and Sunnah. The first source is the Islamic law derived from Islam’s Holy Book, the Qur’an, and the second is the teachings and practices of the Prophet Muhammad, the Sunnah. In addition, there is a consensus of opinion and Islamic rulings established by the medieval Islamic institutions of learning specialized in interpreting the divine law (fiqh). These rulings, based on the interpretation of the Qur’an and Sunnah, are considered to be one of the sources of Islamic law which assume different forms known as ‘the striving of a legitimate scholar to reach a religious verdict’ (ijtihad), Islamic rulings addressing issues not present at the time of the Prophet (fatwa), consensus of the earliest generations of Muslims (ijma’), rulings based on analogy (qiyas), other sources of fiqh such as unrestricted public interest (al‑maslahah al-mursalah), and custom (urf), which are called usul al-fiqh rules. [522] Broadly speaking, the body of Islamic Law is divided into three main categories:

• Worship and ritual matters (ibadat);
• Civil and other legal obligations which cover, in a contemporary sense, commercial, constitutional, administrative, labour, employment, family, and civil laws (mu’amalat); and,
• Punishments (uqubat). [523]

To learn the law of Saudi Arabia, one turns first to the “fiqh,” Islamic Law. In other words, one turns not to State legislation or court precedents but to the opinions, the “ijtihad,” of religious-legal scholars from both the past and the present who, by their piety and learning, have become qualified to interpret the scriptural sources and derive laws therefrom. Most of the Islamic law applied today, according to the recognized Islamic schools of law, can be found in books of “ fiqh” that were written by Muslim scholars (ulama) over a period of nearly 14 centuries. [524] Judges in Saudi Arabia consult these books (especially those considered to be the primary sources in each Islamic school of law) in order to formulate their rulings. [525] Professor Frank Vogel, who studied the Saudi legal system, states as follows:

Except for the Qur’an, all of the … sources of Saudi law, even the collection of the Prophet’s practices, were compiled or written by scholars, the Ulama. The authority of Ulama to produce these texts rests on their status as scholars, and not on any official or formal positions they may hold such as judge or instructor in a scholarly institution…From these sources, then, other Ulama, such as the Mufti and judges of Saudi Arabia, produce fiqh to guide others or to decide disputes. Ordinarily, it does take a scholar to evaluate these sources and create a ruling. A non-scholar is under conscientious obligation to seek the advice of a person more skilled than he or she in interpretation, either obtaining his fatwa or consulting a book in which he has recorded his opinions. [526]

The application of Islamic law in Saudi Arabian courts is based mainly on the rules of the Islamic Shari’ah as interpreted by the Hanbali school, the fourth orthodox school of law within Sunni Islam. The existence of one school of Islamic law in the Kingdom, however, did not remove differences in rulings and procedures, leading to further difficulties in obtaining an authoritative legal opinion. The diversity of interpretations continued due to variations in opinions and philosophies amongst the scholars of the Hanabli school of Islamic law.

With a view to rectifying the inconsistencies, the Judicial Board of Saudi Arabia adopted a resolution in June 1928, confirmed by the King, proclaiming that rulings were to be in accordance with the established decisions found in the school of Islamic law of Imam Ahmed ibn Hanbal because of the simplicity and clarity of its references and books, the consensus of the scholars following this school and the presentation of evidence addressing whichever problems happen to be under consideration. [527]

The Judicial Board designated particular publications within the Hanbali school as the official and main sources for the Shari’ah courts within its jurisdiction. Paragraph (c) of the resolution stipulated that judges were to rely on the two late Hanbali authoritative works authored by the famous Hanbali jurist Mansur ibn Yunus al-Bahuti al-Hanbali (1052 A.H./1642):

• Sharh Muntaha al-Iradat (Explanation of Muntaha al-Iradat Manual); and,
• Sharh al-lqna’ (Explanation of Al-lqna’ Manual).

In seeking a resolution to a given problem, judges should follow the answer upon which both books agree or which was provided by one of them and not the other. However, in the event of a discrepancy, Sharh al-Muntaha prevails; when neither of the two books are available, or if they do not provide an answer to a given problem, judges revert to an abridgment or summary thereof:

• Zad al-Mustaqni’ fi Ikhtisar al-Muqni’ (A Summary of Al-Iqna’) by Sharaf al-Din Abu al-Naja al‑Hajjawi (968 A.H./1560); and,
• Dalil al-Talib li Nayl al-Matalib , (A Summary of Muntaha al-Iradat) by Mar’i ibn Yusuf al-Karmi (961 A.H./1554).

If an answer still cannot be found, other Hanbali law books may be consulted and decisions issued in accordance with the prevailing opinion that they contain.[528] In conformity with this resolution, a Royal Decree issued in 1349 A.H. (1930) stated that “it shall be sufficient to rule by what is found in the authentic law books of the school of Imam Ahmed ibn Hanbal, which may be applied without a meeting of court members, while a judgment not based on those texts shall require an obligatory meeting.” [529]

In addition, there are cases where the teaching of other Sunni schools ought to or may be—depending on the circumstances—followed by the judge hearing such cases. The above-mentioned resolution included an important exception in paragraph (b) under which the courts could follow the opinion of other schools of Islamic law if they determined that it would be better to apply such opinion in order to reach a more appropriate ruling which would best serve the public interest. [530]

To date, no formal Law, legislation, or enactment has been promulgated by the Council of Ministers, the Shura Council or the King to codify criminal law, family law, legacy or inheritance and many aspects of the Islamic law of contracts. It is worth mentioning that there is a controversy over “codification of Islamic law,” which has been strongly opposed by traditionalists who support the application of Islamic law, as laid down in the Qur’an and the Sunnah and understood by the Prophet’s noble companions, with the help of explanations provided in traditional jurisprudential sources.[531] Although that is beyond the scope of this research paper, from a scholastic standpoint, limitation of the number of jurisprudential sources of the divine law (fiqh), which led to confusion and varying opinions when they were applied in court rulings, was an initial step towards codification as well as an important means to standardize the judicial system in Saudi Arabia. [532]

In addition to Islamic law, the development of the Saudi Council of Ministers in 1958 into a formal decision-making body with legislative, executive and administrative functions led to a large-scale introduction of modern laws and regulations into the Saudi legal system covering various areas in the fields of both public and private law. Many of these legal codes were influenced by other legal systems, especially the Egyptian and French systems.[533] A clear example of French influence in the area of private law is the Saudi Corporation Law enacted in 1385 A.H./1965, which was introduced into the Saudi legal system through “the Egyptian code which was directly patterned on French company law before the amendments of 24 July 1966.” [534] The Saudi Law of Criminal Procedure also contains several provisions that have been borrowed from Egyptian and French law. [535] In the area of public law, several codes have been enacted governing public finance, customs, ports, mines, etc. [536]

In general, the adoption of modern statutory provisions is lawful and enforceable as long as they do not contravene divine law. As previously mentioned, modern statutory laws and regulations can be introduced and adopted only through the doctrine of public interest (a l-maslahah al-mursalah) as a basis for rule making. This right is exercised only where there is no clear text present in Islamic law to regulate a given issue. [537] Article 67 of the Basic Law states that “the regulatory authority shall lay down regulations and proposals to further the interests of the State, or remove what might be prejudicial thereto, in conformity with the Islamic Shari’ah …” [538] Since, under the Islamic Shari’ah, God is sovereign and has the ultimate law-making authority, Saudi Arabia uses the Arabic term “nizam,” which means “regulation,” in reference to statutory laws that are autonomous, but not fully independent, of Islamic Shari’ah rules. “The Arabic term ‘ qanun’, which means ‘law’, is not used in Saudi Arabia…because it represents secular or temporal law and is therefore prohibited by the Shari’ah.”[539]

Saudi legal materials consist in Royal Decrees, regulations, executive regulations, schedules, Laws, rules, procedures, international treaties and agreements, ministerial resolutions, ministerial decisions, circular memorandums, explanatory memorandums, documents, ministerial decisions and resolutions which have been designated by the Government as the official sources of Saudi Arabian law. As previously mentioned, no statutory laws or regulations, treaties, international agreements or concessions may be enacted, concluded or amended unless they are approved by Royal Decrees after having been studied, usually by both the Council of Ministers and the Shura Council.[540]

The King can also enact rules or regulations independently by issuing Royal Orders. The King plays this essential regulatory role in support of Shari’ah rule.[541] Notwithstanding the divine origin of the Islamic Shari’ah, the head of an Islamic State, according to the Islamic jurists, has the authority to enact laws, either directly or by way of interpretation, in order to meet growing social needs, address developmental concerns and protect the public interest.[542] The King used his legislative authority to promulgate the following constitutional instruments between 1992 and 1994:

• The Basic Law;
• The Law of the Shura Council;
• The Law of the Council of Ministers (amended in 1993); and,
• The Law of the Provinces.

Moreover, to provide judges with the most up-to-date working knowledge and to avoid any discrepancy in their judgments, the Law of the Judiciary made provision for a research department, attached to the Ministry of Justice and consisting of a number of specialists holding at least a bachelor’s degree, to abstract, classify and index the principles established by the higher courts, to compile collections of selected judgments, general rules and precedents for publication, and to conduct research projects and answer enquiries from judges. [543] The implementing regulations of the 2007 Law of the Judiciary also provided for a Research and Studies Department in the High Court consisting of researchers who prepare studies requested by the specialized circuits of the High Court. [544] So far, the Ministry of Justice has published a third edition of its Code of Judicial Rulings , records of court cases in 2008, which appear to be considered binding precedents for similar cases in the future. It serves a useful purpose in cutting down on the number of sometimes apparently random judgments coming from some of the courts.

The 2007 Law of the Board of Grievances led to the establishment of similar departments, consisting of a director, several judges, professionals and researchers. These departments provide opinions, conduct research projects, classify Board judgments, general rules and precedents and prepare them for publication.[545] The implementing regulations of the Law of the Board of Grievances also established a Research and Studies Department in the High Administrative Court consisting of researchers whose role is to prepare studies requested by the High Administrative Court’s specialized circuits. [546] The Board of Grievances has issued a fourth edition of its Code of Rulings and Principles , records of court decisions rendered in 2008 under its mandate.

In addition, on 10 December 2014, King Abdullah issued a Royal Order establishing a committee to design a project for the compilation of a Code of Judicial Rulings on legal cases and issues, classified by Islamic jurisprudential category, to meet the needs of the judiciary. [547] The committee, located in the Ministry of Justice, is empowered to request the assistance of experts, researchers on Islamic jurisprudence and members of the judiciary to provide it with research works and studies on Islamic jurisprudence and judicial precedents. The committee is required to adhere to the rules of the Islamic Shari’ah and follow a scientific approach in weighting the opinions of the Islamic schools of law. All the codified material must be supported by evidence from Shari’ah texts and the “ ijtihad,” of religious-legal scholars. The Royal Order confirmed the committee’s independence and gave it 180 days to accomplish its task. [548] The committee split the work among three subcommittees, consisting of distinguished judges specialized in criminal, personal status and private law, and requested the Royal Court to extend the deadline for completion of its task due to the complex nature of the work. Many scholars view the Royal Decree as a major step towards a definitive codification of laws and penalties in the Islamic Shari’ah and the project is regarded as part of the major overhaul of the country’s legal system initiated three years ago by King Abdullah.

All Saudi statutory laws and regulations are published in the Official Gazette (Umm al-Qura ). Private bodies have also published all the primary sources of the Sunni schools of jurisprudence and most of the Saudi statutory laws and regulations in multi-volume sets. [549] A researcher’s first choice should be the printed resources. However, it is noteworthy that the traditional books on Islamic law and jurisprudence are now available in digital format which makes accessible, through digital technology, a significant body of primary sources of Islamic law and its related sciences, including all the primary sources of the Hanbali school of jurisprudence. Many independent online services provide lawyers, judges, scholars, and researchers with the full texts of all the primary sources of the Sunni schools of jurisprudence (see research links below). By virtue of modern search-engine technology, the electronic versions of these primary sources provide an easy tool with which to search for one subject among hundreds of books, thereby enabling interested parties to examine a variety of opinions in one or more Islamic schools of law.

In addition, the Saudi National Centre for Documents and Archives collects, organizes, preserves and provides access to all the statutory laws and regulations of the Kingdom of Saudi Arabia. The Centre’s website provides extensive coverage of the full text of the Arabic versions of Saudi statutory laws and regulations as well as multilateral, regional and international conventions and treaties.

Moreover, the Bureau of Experts has updated its Compendium of Saudi Laws, excluding repealed laws and including amendments. It has translated several major Saudi statutory laws and its English online database is an officially authorized government site offering a reliable English translation of Saudi Arabian statutory laws and regulations. All translated Saudi statutory laws are classified under the following categories; links for the full text versions of laws and regulations are provided under each category:

Basic Laws

• Basic Law of Governance
• Law of the Council of Ministers
• Law of the Provinces
• Law of the Shura Council
• Law of the Allegiance Council

Media, Culture and Publication Laws

• Basic Law of Broadcasting
• Law of King Abdulaziz Foundation
• Documents and Archives Law
• Law of the National Centre for Documents and Archives
• Law of King Fahd National Library
• Legal Deposit Law
• Rules Regulating Advertisement and Publicity Boards
• Law of King Abdulaziz Public Library
• Printed Materials and Publication Law
• Press Establishments Law
• Copyright Law
• Penal Law Regulating Dissemination and Disclosure of Classified Information and Documents
• Media, Culture and Publication Laws
• Statute of King Abdullah bin Abdulaziz International Centre for the Arabic Language
• Statute of the Saudi Broadcasting Authority
• Statute of the Saudi Press Agency
• Statute of the General Commission for Audio-Visual Media
• Statute of the National Committee to Follow-up on the Initiative of the Custodian of the Two Holy Mosques, King Abdullah bin Abdulaziz Al Saud, for Dialogue Between Followers of Religions and Cultures
• Statute of the General Authority for Culture
• Audio-Visual Media Law
• Statute of King Abdulaziz Foundation for Research and Archives

National Security, Civil Status and Criminal Laws

• Saudi Arabian Nationality Law
• Money Counterfeiting Law
• Law Regulating Substitution of a Fine for Imprisonment
• Diplomatic and Special Passports Law
• Border Security Law
• Imprisonment and Detention Law
• Civil Defence Law
• Civil Status Law
• Law Regulating Impersonation of Public Officers
• Anti-Bribery Law
• Travel Documents Law
• Private Security Services Law
• Narcotics and Psychotropic Substances Law
• Weapons and Munitions Law
• Explosives and Fireworks Law
• Law Regulating Transport of Money, Precious Metals and Negotiable Instruments
• Traffic Law
• Statute of the National Committee for Narcotics Control
• Charter of the GCC Criminal Information Centre to Combat Drugs
• Anti-Money Laundering Law
• Anti-Forgery Law
• Vehicle Periodic Inspection Law
• Statute of the Military Industries Corporation
• Law Regulating Electronic Transfer of Information of Clients of Private Entities to the National Information Centre at the Ministry of Interior (Shomoos Security System)
• Statute of the General Customs Authority
• Anti-Harassment Law
• Terrorist Offences and Financing of Terrorism Law
• Statute of the General Authority for Military Industries
• Residency Law
• Premium Residency Law

Commerce, Economy and Investment Laws

• Commercial Agencies Law
• Commercial Papers Law
• Companies Law
• Law of the Public Investment Fund
• Law of the Saudi Development Fund
• Law of the Chambers of Commerce and Industry
• Commercial Books Law
• Professional Companies Law
• Certified Accountants Law
• Commercial Registration Law
• Bankruptcy Settlement Law
• Statute of the Supreme Economic Council
• Trade Names Law
• Foreign Investment Law
• Statute of the General Investment Authority
• Basic Law of the GCC Accounting and Auditing Organization
• Law Regulating Stores for the Sale of Vehicles with Revoked Registration
• GCC Patent Law
• Commercial Data Law
• Trademarks Law
• Law of the Saudi Council of Engineers
• Capital Market Law
• Cooperative Insurance Companies Control Law
• Commercial Lien Law
• Anti-Concealment Law
• Competition Law
• Law regulating Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs
• Instalment Sale Law
• By-Laws of the GCC Standardization Organization
• Contractor Classification Law
• GCC Uniform Law on Anti-Dumping and Countervailing Measures and Safeguards
• Chemicals Import and Management Law
• Statute of the Saudi Export Development Commission
• Anti-Commercial Fraud Law
• Time-Share Properties Law
• Statute of the Saudi Standards, Metrology and Quality Organization
• Calibration and Measurements Law
• Statute of the Saudi Centre for International Strategic Partnerships
• Commercial Law (Law of the Commercial Court)
• Statute of the Economic Cities Authority
• Statute of the Saudi Society for Quality
• Statute of the National Committee for Regulation and Standardization of Operation and Maintenance
• Accredited Valuers Law
• Charter of the GCC Centre for Statistics
• Trademark Law of the States of the Cooperation Council for the Arab States of the Gulf
• Statute of the Consumer Protection Association
• Statute of the Saudi Commission of Contractors
• Statute of the General Authority for Statistics
• Corporate Law
• Statute of the General Authority for Small and Medium Enterprises
• Regulatory Rules of the National Centre for Strategic Development Studies
• Regulatory Rules on Bankruptcy
• Engineering Professional Practice Law
• Statute of the General Authority of Zakat and Income Tax
• Regulatory Rules for Local Content and Local Small and Medium Enterprises and Companies Listed in the Financial Market in Procurement Business
• Value Added Tax (or VAT) Law
• Statute of the National Development Fund
• Bankruptcy Law
• Statute of the Saudi Authority for Intellectual Property
• Statute of the National Competitiveness Centre
• Law of the Public Investment Fund
• Statute of the Saudi Centre for Economic Business
• Competition Law
• Statute of the Saudi Centre for Commercial Arbitration
• Statute of the Support and Liquidation Centre
• Statute of the Saudi Accreditation Centre
• E-commerce Law
• Competition and Government Procurement Law
• Professional Corporate Law
• Commercial Mortgage Law
• Statute of the National Debt Management Centre​
• Franchise Law

Diplomatic Corps, Protocol and Ceremonies Laws

• Law Regulating Military and Civilian Medals
• Law Regulating the Flag of the Kingdom of Saudi Arabia
• Law Regulating Saudi Decorations
• Statute Regulating Participation of Joint Official Delegations in Meetings, Conferences and Forums Abroad
• Regulatory Rules for the Saudi Medal System
• Regulatory Rules for Participation of Official Delegations in Meetings Abroad

Education and Science Laws

• Law Regulating Literacy and Adult Education in the Kingdom of Saudi Arabia
• Law of the Institute of Diplomatic Studies
• Law of King Abdulaziz City for Science and Technology
• Law Regulating Production and Marketing of Educational Aids
• Law of the Institute of Public Administration
• Law of the Technical and Vocational Training Corporation
• Statutory Rules for the Establishment of Non-Profit Technical and Vocational Training Centres
• Statute of the Public Education Evaluation Commission
• Statute of the National Centre for E-Learning
• Regulatory Rules for Foreign Schools
• Statute of the Saudi Arabian Boy Scouts Association
• Statute of the Education and Training Evaluation Authority
• University Law
• Statute of the National Centre for Professional Educational Development

Hajj and Islamic Affairs Laws

• Law of the Supreme Council of Endowments
• Law Regulating Imams, Muezzins and Mosque Servants
• Statute Regulating the Treatment of Persons Arriving in the Kingdom on Hajj, Umrah or Other Visas
• Statute regulating Services for Umrah Performers and Visitors to the Prophet’s Mosque from Abroad
• Law Regulating the Transport of Pilgrims to the Kingdom and their Return to their Countries
• Law Regulating Domestic Pilgrim Services
• Law of the Commission for Promotion of Virtue and Prevention of Vice
• Statute of King Abdulaziz Complex for Endowment Libraries
• Law Regulating Service Providers for Pilgrims Abroad
• Statute of the Custodian of the Two Holy Mosques, King Salman bin Abdulaziz Al Saud, Compound for the Prophet’s Hadith
• Statute of the Fiqh Academy in the Kingdom of Saudi Arabia

Municipal Services and Urban Planning

• Roads and Buildings Law
• National Statistics Law
• Census Law
• Disposition of Municipal Real Estate Law
• Municipalities and Rural Areas Law
• Protection of Public Facilities Law
• Law Regulating Real Estate Ownership and Investment by Non-Saudis
• Law Regulating Ownership of Real Property Units and Plotting thereof
• Real Property Registration Law
• Nuisance Law
• Law Regulating Eminent Domain and Temporary Seizure of Property
• Law Regulating State Leasing and Vacating of Property
• Statute of the General Housing Authority
• Statute of Real Estate Ownership by GCC Citizens within Member States
• Statute of the Real Estate Development Fund
• Law Regulating Management of Municipal Solid Waste
• Housing Subsidy Law
• Municipal Licensing Procedures Law
• Municipal Councils Law
• White Land Tax Law
• Law Regulating Expropriation of Real Estate for the Public Benefit and Placement of Temporary Control Over the Property
• Statute of the White Land Tax Administration
• Statute of the Real Estate Organization
• Law of Application of the Saudi Building Code
• Statute of Fines and Penalties for Municipal Violations
• Statute of King Salman Park Foundation

Military Service Laws

• Law Regulating Commissioned Officer Service
• Military Pension Law
• Law Regulating Non-commissioned Officer Service
• Law of Military Academies
• Law of the Military Service Council
• Law regulating Military Insignias
• Law regulating Individual Military Uniforms and Equipment

Civil Service Laws

• Law Regulating Employee Discipline
• Law Regulating the Service of Ministers, Vice-Ministers and Grade “Excellent” Employees
• Civil Pension Law
• Civil Service Law
• Law of the Civil Service Council
• Regulations Governing Benefit Exchange between the Civil and Military Pension Laws and the Social Insurance Law
• Statute of the Public Pension Agency
• Uniform Law for Extension of Insurance Coverage to GCC Citizens Working in a Member State Other Than Their Own
• Statute of Rights and Financial Benefits
• Statute of the Job Creation and Unemployment Control Authority

Laws on Agriculture, Water and Biota

• Law Regulating Allotment of Uncultivated Land
• Law of the Grain Silos and Flour Mills Organization
• Law of the Saline Water Conversion Corporation
• Law Regulating the Preservation of Water Resources
• Law of the National Commission for Wildlife Conservation and Development
• Law Regulating Fishing, Investment and Preservation of Live Aquatic Resources within Territorial Waters of the Kingdom of Saudi Arabia
• Law Regulating Marine Science Research in Maritime Zones of the Kingdom of Saudi Arabia
• Law Regulating Wildlife Reserves
• Game Law
• Law Regulating Treated Sewage Water and Reuse Thereof
• Law Regulating Trading in Endangered Species of Wild Fauna and Flora and Products thereof (1754)
• Environmental Law
• Livestock Law
• GCC Veterinary Quarantine Law
• Forest and Pasture Law
• GCC Agricultural Quarantine Law
• GCC Fertilizers and Soil Conditioners Law
• GCC Pesticides Law
• Law of the Agricultural Development Fund
• Beekeeping Law
• Statute of the Saudi Organic Farming Association
• Regulatory Rules for Water Factories
• Law regulating Marine Regions in the Kingdom of Saudi Arabia
• Organic Farming Law
• Animal Feed Law
• GCC Animal Welfare Law
• Wildlife Protection Law
• Statute of the International Dates Council
• Statute of the General Irrigation Corporation
• Statute on Dealing with Plant Genetic Resources for Food and Agriculture
• Flour Production Mills Law
• Statute of the Environment Fund
• Statute of the National Centre for Research and Development in Sustainable Agriculture

Judiciary and Human Rights Laws

• Law Regulating the Jurisdiction of the Shari’ah Judiciary
• Law Regulating the Trial of Ministers
• Law of the Public Prosecution
• Code of Law Practice
• Statute of the Human Rights Commission
• Law of the General Commission for Guardianship over Property of Minors and Persons of Similar Status
• Law of the Judiciary
• Law of the Board of Grievances
• Anti-Trafficking in Persons Law
• Arbitration Law
• Enforcement Law
• Law of Procedure before Shari’ah Courts
• Code of Criminal Procedure
• Code of Procedure before the Board of Grievances
• Statute of the Reconciliation Centre
• Child Protection Law
• Statute of the Saudi Bar Association
• Statute of the Alimony Fund
• Statute of the Economic Judicial Council of the GCC
• Statute Regulating the Service of Members and Employees of the Public Prosecution
• Regulatory Rules for the Arbitration Law

Tourism and Antiquities Laws

• Antiquities Law
• Hotel Law
• Statue Regulating Preservation of Public Decorum
• Law Regulating Protection of Heritage Manuscripts in the Kingdom of Saudi Arabia
• Statute of the General Commission for Tourism and Antiquities
• Statute of the Saudi Tourist Guide Association
• Statute of the Saudi Society for Tourist Accommodation
• Statute of the Saudi Society for Travel and Tourism

Youth and Sports Laws

• Law of the Saudi Arabian Scouts Association
• Basic Law of Sports Federations and the Saudi Arabian Olympic Committee
• Statute of the High Commission for Equestrian Clubs
• Law of the Automobile and Motorcycle Clubs
• Statute of King Abdulaziz Centre for Purebred Arabian Horses
• Statute of the General Entertainment Authority
• Statute of the General Sports Authority
• Statute of the Sports Boulevard Institution

Health Laws

• Law of the Saudi Commission for Health Specialties
• Private Laboratories Law
• Health Law
• Law Regulating Private Health Institutions
• Law Regulating Fertilization, Utero-Fetal and Infertility Treatment Units
• Law Regulating Pharmaceutical Preparations and Installations
• Law Regulating Trading in Breastfeeding Substitutes
• GCC Uniform Law on Medical Waste Management
• Law Regulating the Practice of Healthcare Professions
• Law of the General Food and Drug Authority
• Statute of the National Centre for Complementary and Alternative Medicine
• Statute of King Fahd Medical City Fund
• Basic Law of the Saudi Red Crescent Authority
• Law Regulating Ethics of Research on Living Beings
• Law Regulating Health Monitoring at Ports of Entry
• Statute of the Saudi Centre for Organ Transplantation
• Statute of the National Centre for Health Information
• Regulations governing Expenses of Referral of Saudi Patients for Treatment outside their Place of Residence
• Mental Health Care Law
• Statutes of Medical Cities and Specialized Hospitals Attached to the Ministry of Health
• Food Law
• Cosmetic Products Law
• Anti-smoking Law
• Statute of the Saudi Centre for Accreditation of Health Facilities
• Regulations governing Research and Studies at the Ministry of Health
• Statute of the National Centre for Mental Health Promotion
• Law Regulating Prevention of the Acquired Immune Deficiency Syndrome (AIDS) and the Duties and Rights of the Patients

Energy, Industry and Mining Laws

• Law Regulating Protection and Promotion of National Industries
• Law of the Saudi Industrial Development Fund
• Statute of the Royal Commission for Jubail and Yanbu
• Law Regulating Precious Metals and Gemstones
• Statute of the Saudi Geological Survey Commission
• Statute of the Supreme Council for Petroleum and Minerals Affairs
• Statute of the Saudi Organization for Industrial Estates and Technology Zones
• Gas Supply and Pricing Law
• Mining Investment Law
• Electricity Law
• GCC Uniform Law on Industrial Regulation
• Statute of the General Survey Commission
• Statute of the Electricity and Co-Generation Regulatory Authority
• Statute of the Petroleum Studies and Research Centre
• Law of King Abdullah City for Atomic and Renewable Energy
• GCC Uniform Mining Law
• GCC Uniform Law on Ozone Layer Depletion (as amended)
• Law Regulating Dry Gas and Liquid Petroleum Gas Distribution for Residential and Commercial Purposes
• Law Regulating Trade in Petroleum Products
• Statute of the Nuclear and Radiological Supervisory Authority
• Hydrocarbon Law
• Nuclear and Radiological Control Law
• Law Regulating Civil Liability for Nuclear Damage
• Statute of the Saudi Energy Efficiency Centre

Labour and Civil Care Laws

• Regulations Governing Charitable Societies and Foundations
• Cooperative Health Insurance Law
• Statute of the Human Resources Development Fund
• Social Insurance Law
• Disability Law
• Rules for Nominating, Selecting and Honouring Voluntary Work Leaders
• Labour Law
• Social Security Law
• Regulations governing Social Development Centres
• Law of Cooperative Associations
• Statute of the Social Charity Fund
• Protection from Abuse Law
• Job Seekers Allowance Law
• Unemployment Insurance Law
• Statute of the National Centre for Social Studies and Research
• Unemployment Benefits Law
• Controls Pertaining to Saudi Children Abroad Born to Saudi Fathers and Non-Saudi Mothers
• Regulatory Rules for the Disabled Rehabilitation Programmes
• Law of Civil Associations and Institutions
• Law of the General Authority for Awqaf
• Regulatory Rules for Temporary and Seasonal Business Visas
• Regulatory Rules for Domestic Workers and Persons of Similar Status
• Regulatory Rules for Social Care Homes
• Regulatory Rules for the Control and Organization of Labour Inspections
• Statute of the Family Affairs Council
• Regulatory Rules for the Work of Productive Families
• Statute of the Authority for the Care of Persons with Disabilities
• Juvenile Law
• Voluntary Work Law
• Rules on Dealing with Expatriates who are in Violation of the Residency Law

Finance and Audit Laws

• Law Regulating Zakat Collection
• Law of the Saudi Arabian Monetary Authority
• Saudi Arabian Monetary Law
• Banking Control Law
• Law of the General Audit Bureau
• Law Regulating the Management of Public Funds
• Law Regulating Port Service Fees and Charges
• Law Regulating Registration Fees for Ships and Floating Units
• GCC Uniform Customs Law
• Income Tax Law
• Law regulating Civil Aviation Tariffs
• Law regulating Public Warehousing
• Law of the Saudi Credit and Savings Bank
• Government Tenders and Procurement Law
• Credit Information Law
• State Revenue Law
• Statute of the National Anti-Corruption Commission
• Finance Lease Law
• Statute of the Saudi Society of Internal Auditors
• Real Estate Finance Law
• Finance Companies Control Law
• Registered Real Estate Mortgage Law
• Law Regulating the Handling of Public Property
• Statute of the National Centre for Measurement of the Performance of Public Agencies
• Statute of the Saudi Export and Import Bank

Transport and Communication Laws

• Railway Security Law
• Law of Saudi Arabian Airlines Public Corporation
• Law Regulating Seaports, Harbours and Lighthouses
• Law of the Saudi Ports Authority
• Law Regulating Public Transport on Roads in the Kingdom of Saudi Arabia
• Postal Law
• Communications Law
• Statute of the Saudi Communications Commission
• Statute of the Saudi Post Corporation
• Statute of the General Authority of Civil Aviation
• Civil Aviation Law
• Anti-Cybercrime Law
• Electronic Transactions Law
• Statute of the Railway Authority
• Law of the Railways Public Corporation of the Government of the Kingdom of Saudi Arabia
• Law of the Automobile Union
• Railway Transport Law
• Statute of the Public Transport Authority
• Statute of the Ports Authority
• Rules Regulating Road Construction by Families and Companies
• Rules Regulating the Entry of Boats into Ports of the Kingdom of Saudi Arabia and the Fines Incurred
• Statute of the Special Integrated Logistics Zones
• Merchant Marine Law
• Regulations Governing the Use of Information and Communication Technologies in Government Agencies

All official Saudi Arabian ministerial and agency websites also provide extensive coverage of the full texts of most of the statutory laws and regulations relating to their respective fields of specialization (see Ministries and Agencies links below).

Other available law sources include unofficial websites the objective of which is to publish accurate and reliable information on Saudi and Islamic laws in Arabic and English. One of the principal online resources and legal research tools for Saudi laws is the Saudi Lawyers Network. This Internet legal service provides lawyers, judges, experts and researchers with an up-to-date encyclopedia of Saudi laws, regulations, related resolutions, directives and decisions in bothArabic and English, in addition to journalistic folders containing daily follow-ups to legal news and issues raised in the Kingdom. Other online services provide extensive coverage of Saudi Arabian publications and legal information, as well as useful resources to access research materials in both Arabic and English (see research links below). However, it is worth noting that, in Saudi courts, the official language is Arabic. Languages other than Arabic may be used, but the Arabic text will always prevail in court.

4.4. Conclusion

The beginning of the 20th century ushered in the third era of auspicious Saudi reign, paving the way for the dawn of a new future for Arabia and laying solid foundations for ongoing prosperity, stability and security in all parts of the country. The patient and gradual reforms introduced by Saudi Arabia’s founder, King Abdulaziz, and his successors reflect the wise manner in which they led this country to prosperity.

The fundamental laws of 1992 (the Basic Law of Governance, the Law of the Consultative (Shura) Council and the Law of the Provinces) transformed the domestic political environment, introduced progressive changes in the Kingdom of Saudi Arabia and opened the door to more participatory principles in areas such as shared decision-making and checks and balances.

The Kingdom enjoyed a smooth transfer of power for decades, covering several accessions to the throne. Recently, King Salman engineered a smooth transfer of power from the generation of the founder’s sons to the generation of grandchildren, thereby demonstrating his determination to pump young blood into the succession process and local government and ensure the requisite stability in the Kingdom.

The Saudi Vision 2030 national development strategy, embodying a comprehensive blueprint to reduce dependence on oil, is central to the Kingdom’s reform process. The Vision, built around three primary themes (a dynamic society, a thriving economy and an ambitious nation), comprises a methodology that defines public policies, programmes and initiatives and mobilizes the country’s capabilities and natural resources with a view to achieving Saudi Arabia’s economic aspirations and transforming the lives of its citizens.

The continuous reforms in the Kingdom have provided a variety of opportunities for citizens to participate directly in decision making. In addition, by stressing the need for women and young adults to claim their place in decision-making, the Kingdom’s Vision 2030 manifested its commitment to ensure their rapid and large-scale empowerment. Today, the empowerment of women and young adults is illustrated by the appointment of many of them in prominent decision-making positions.

In the context of ongoing development and the provision of services to the population at large, a series of Royal Orders have changed the composition of the executive branch by dissolving, dividing or establishing new ministries and various independent and quasi-independent administrative agencies. King Salman’s recent changes to the executive branch are consistent with the general push in the Kingdom towards the achievement of Vision 2030. Some of the reforms clearly address and rationalize instances of duplication or overlapping of governmental authority. It is also clear that the economic and social transformation agenda continues to be a major priority.

Particular attention has been drawn to the Saudi legal system, which recognizes the supremacy of divine law. The Saudi judiciary relies on the principles of Shari’ah jurisprudence and applies statutory laws to cases brought before it only when they do not conflict with the Islamic Shari’ah. The Board of Grievances constitutes an example of an Islamic judicial body which has adapted to modern society. The Kingdom made an independent judiciary the basic safeguard for the protection of its citizens’ rights and freedoms. The Law of the Judiciary ensures the full protection of judges against any interference from the executive authority. Appointments are based primarily on the fulfilment of statutory conditions and a decision by the Supreme Judicial Council stating that those conditions have been met. Only candidates who satisfy all the necessary requirements and hold all the specified qualifications can become members of the judiciary. These qualifications and conditions are based on academic knowledge and previous professional experience. The performance of serving judges is inspected and evaluated to ensure the ongoing validity of their qualifications, their fitness for continued judicial service and their willingness to devote the time and energy needed to ensure respect and esteem for their profession.

The Saudi legislature has taken a major step forward in modernizing the Saudi judicial system. For the first time in the Kingdom’s history, a High Court has been established in its capital, Riyadh, as the highest judicial authority in the land assuming responsibilities that were previously assigned to the Supreme Judicial Council. It exercises its authority through criminal and other specialized circuits. The Supreme Judicial Council oversees the administrative aspects of the judiciary, including the selection of judges, oversight of judges’ personal affairs and the establishment of specialized courts, etc. The 2007 Law of the Judiciary established courts of appeal in all 13 provinces, thereby increasing the speed with which disputes are resolved and making the delivery of appellate rulings more efficient by distributing their caseload among specialized labour, commercial, criminal, personal status and civil circuits. Labour, commercial, general, personal status and criminal courts are also being established throughout the Kingdom with full jurisdiction within their areas of specialization.

The Ministry of Justice has completed the establishment of the “specialized court system” and is currently working on the implementation of many initiatives and projects based on the best practices to improve the beneficiaries’ experience through institutionalized and objective development of the judiciary in keeping with the Saudi Vision 2030.

The 2007 Law of the Board of Grievances significantly modified the judicial authority exercised by the Board, which became a simple independent administrative judiciary. Its authority to adjudicate commercial disputes and criminal cases has been transferred to the specialized labour, commercial and criminal courts. The High Administrative Court and the Administrative Courts of Appeal are now exercising their jurisdiction in accordance with the Law of the Board of Grievances and the Board has taken far-reaching development measures to achieve the objectives of the National Transformation Programme as part of the Kingdom’s Vision 2030.

Recent reforms linking the Public Prosecution offices directly to the King reflects the Kingdom’s eagerness to promote the values and principles of neutrality, impartiality and justice and facilitate the work of the Public Prosecution as a fully independent part of the judiciary. In keeping with the Kingdom’s focus on accountability, transparency and effectiveness in its governing strategy, King Salman has issued several Royal Orders/Decrees prescribing measures to be taken in respect of offences of financial and administrative corruption, its perpetrators and parties thereto, and establishing a new authority to fight corruption from the stage of investigation to prosecution.

The Kingdom’s constitutional evolution will undoubtedly continue to flourish as it has since the founding of the modern State. It is evident from the characteristics of this progressive evolution that the recent reforms in the Saudi constitutional system will not be the last but, on the contrary, will be followed by further developments as and when the need arises.

The Kingdom of Saudi Arabia has taken steady and confident steps towards the future, laying the foundations and constants needed to ensure the country’s growth and prosperity and develop its economy in various state-of-the-art ways that preserve the Kingdom’s achievements as the largest economy in the Middle East region. In this context, and within the framework of Vision 2030, the Kingdom is continuing to reform its executive, legislative and judicial branches as an effective response to the social and economic needs of its people and a major step towards meeting the requirements of a dynamic society, a thriving economy and an ambitious nation.

5. Research Links

5.1. Law Sources

Official Gazette – Saudi Press

• Umm al-Qura newspaper (Arabic)
• Saudi Press Agency (Arabic – Multiple languages)

Law Sources

• National Centre for Archives and Records (Arabic)
• Bureau of Experts (Arabic – English)
• Shura (Consultative) Council (Arabic – English)
• General Presidency of Scholarly Research and Ifta (Arabic – Multiple languages)

Peer-Reviewed (refereed or scholarly) Journals

• Al-Adl Journal – Ministry of Justice (Arabic)
• College of Law and Political Science Journal – King Saud University (Arabic)
• Islamic Research Journal (Arabic)
• International Islamic Fiqh Academy Journal (Arabic)
• Islamic Fiqh Council – Muslim World League (Arabic – English)
• Journal of King Abdulaziz University: Islamic Economics (Arabic – English)
• Ash-Shura Journal (Arabic – English)
• Umm Al-Qura Journal for Shari’ah and Islamic Studies (Arabic)
• Islamic University Journal (Arabic)
• Imam Muhammad Ibn Saud Islamic University Journals (Arabic)
• Institute of Public Administration Publication (Arabic)
• Contemporary Jurisprudence Research Journal (Arabic)

Islamic Organizations

• General Presidency for Scholarly Research and Ifta (Arabic)
• Organization of Islamic Cooperation (OIC) (Arabic – English)
• Muslim World League (Arabic – English)

Judicial Authority

• Ministry of Justice (Arabic)
• Supreme Judicial Council (Arabic)
• Board of Grievances (Diwan al-Mazalem) (Arabic)
• Public Prosecution (Arabic)
• Control and Anti-Corruption Authority (Arabic – English)

Legislative Authority

• Shura (Consultative) Council (Arabic – English)
• Bureau of Experts (Arabic – English)

Other Sources

• Saudi Lawyers Network (Arabic)
• Gulf Legislation Network (English)
• Centre of Scientific Publications (Arabic)
• Encyclopedia of Islamic and Arabic Books (Islamic Law Sources – Arabic)
• Nida al-Eman (Islamic Law Sources – Arabic)
• Al-Meshkat (Islamic Law Sources – Arabic)
• Saaid (Islamic Law Sources – Arabic – English)
• Al-Waqfeya Library (Islamic Law Sources – Arabic – English)
• Islam Web – The Islamic Library (Islamic Law Sources – Arabic)
• The Comprehensive Library (Islamic Law Sources – Arabic)
• The Comprehensive Encyclopedia (Islamic Law Sources – Arabic)
• The Custodian of the Two Holy Mosques Institute for Hajj and Umrah Research (Arabic)

5.2. Government Links (Links to the Governmental Bodies’ Websites)

5.2.1. Ministries

Each Ministry’s official website provides a link that contains extensive coverage of the full texts of the statutory laws and regulations relating to its affairs:

• Ministry of Defence
• Ministry of Energy
• Ministry of Interior
• Ministry of National Guard
• Ministry of Foreign Affairs
• Ministry of Culture
• Ministry of Islamic Affairs, Call (Da`wah) and Guidance
• Ministry of Justice
• Ministry of Media
• Ministry of Commerce
• Ministry of Investment
• Ministry of Health
• Ministry of Municipal and Rural Affairs
• Ministry of Environment, Water and Agriculture
• Ministry of Housing
• Ministry of Hajj and Umrah
• Ministry of Finance
• Ministry of Communications and Information Technology
• Ministry of Transport
• Ministry of Economy and Planning
• Ministry of Human Resources and Social Development
• Ministry of Industry and Mineral Resources
• Ministry of Tourism
• Ministry of Education
• Ministry of Sports

5.2.2. Authorities, Corporations, Councils, Diwans, Presidencies, Funds, Centres

Each Agency’s official website provides a link that contains extensive coverage of the full texts of the statutory laws and regulations relating to its affairs:

• Capital Market Authority
• Communications and Information Technology Commission
• Economic Cities Authority
• Almadinah Almunawwarah Development Authority
• Education Evaluation Commission
• Electricity and Co-generation Regulatory Authority
• General Authority For Competition
• General Authority for Awqaf
• General Authority for Statistics
• General Authority of Civil Aviation (GACA)
• General Authority of Zakat and Tax
• General Commission for Audio-Visual Media
• General Commission for Survey
• General Commission for the Guardianship of Trust Funds for Miniros and their Counterparts
• General Entertainment Authority
• General Real Estate Authority
• Local Content and Government Procurement Authority
• Makkah Region Development Authority
• National Cybersecurity Authority
• Saudi Broadcasting Authority
• Riyadh Royal Authority
• Royal Commission for Governorate of Al-Ula
• Royal Commission for Jubail and Yanbu – Headquarters
• Royal Commission for Jubail and Yanbu – Jubail
• Royal Commission for Jubail and Yanbu – Yanbu
• Royal Commission for Makkah City and Holy Sites
• Saudi Authority for Accredited Valuers (Taqeem)
• Saudi Authority for Industrial Cities and Technology Zones
• Saudi Authority for Intellectual Property
• Saudi Bar Association
• Saudi Commission for Health Specialties
• Saudi Customs Authority
• Saudi Data and Artificial Intelligence Authority (SDAIA)
• Saudi Export Development Authority
• Saudi Food and Drug Authority
• Saudi Geological Survey
• Saudi Organization for Certified Public Accountants (SOCPA)
• Saudi Ports Authority
• Saudi Red Crescent Authority
• Saudi Space Commission
• Saudi Standards, Metrology and Quality Organization
• Saudi Wildlife Commission
• Small and Medium Enterprises General Authority
• General Authority of Meteorology and Environmental Protection
• Transport General Authority
• General Organization for Social Insurance
• Technical and Vocational Training Corporation
• Takaful Charity Foundation
• Saudi Railways Organization
• Saudi Post
• Saudi Irrigation Organization
• Saudi Grains Organization
• Saudi Arabian Monetary Authority
• Saline Water Conversion Corporation
• Public Pension Agency
• Military Industries Corporation
• King Abdullah bin Abdulaziz Foundation for Housing Development Dedicated to His Parents
• King Abdulaziz and his Companions Foundation for Giftedness & Creativity
• Saudi Health Council
• Council of Saudi Chambers
• Council of Cooperative Health Insurance
• General Bureau for Auditing
• General Intelligence Presidency
• General Presidency of the Grand Mosque and the Prophet’s Mosque
• Presidency of State Security
• General Presidency of Islamic Research and Ifta
• General Presidency of Promotion of Virtue and Prevention of Vice
• National Development Fund
• Public Investment Fund
• Real Estate Development Fund
• Saudi Industrial Development Fund
• King Abdulaziz Centre for National Dialogue
• King Abdullah Petroleum Studies and Research Centre
• National Centre for Archives and Records
• National Centre for Assessment
• National Centre for Digital Certification
• National Centre for Public Agencies Performance Measurement
• National Centre for E-learning
• National Information Centre

5.2.3. Human Rights

• Human Rights Commission
• National Society for Human Rights

5.2.4. E-Government

• The Saudi E-Government Programme (YESSER)
• Saudi Government Electronic Portal

5.3. Sources of General Information

5.3.1. Newspapers

• Al-Jazirah Newspaper
• Okaz Newspaper
• Al-Madinah Newspaper
• Asharq al-Awsat Newspaper
• Alwatan Newspaper
• Alriyadh Newspaper
• Al Bilad
• Al-Eqtisadiah
• Al-Majalla
• Al-Yaum
• Makkah Newspaper
• Arab News Newspaper
• Asharq al-Awsat Newspaper
• Saudi Gazette

5.3.2. Online Media

• Sabq
• Ajel
• Almowaten

5.3.3. Education (General – Legal)

• Umm Al-Qura University
• Islamic University
• Imam Muhammad bin Sa’ud Islamic University
• King Sa’ud University
• King Abdul-Aziz University
• King Fahd University of Petroleum and Minerals
• King Faisal University
• King Khalid University
• Qassim University
• Taibah University
• Taif University
• Hail University
• Jazan University
• Al-Jouf University
• Al-Baha University
• University of Tabuk
• Najran University
• Northern Border University
• Princess Nourah Bint Abdulrahman University
• University of Dammam
• Prince Satam Bin Abdulaziz University
• Shaqraa University
• Al-Majma’ah University
• King Abdulah University of Science and Technology

5.3.4. Libraries

• King Fahad National Library
• King Fahad Public Library – Jeddah
• King Abdulaziz Public Library
• King Abdulaziz Foundation for Research and Archives
• King Faisal Centre for Research and Islamic Studies
• Saudi Digital Library
• Arabic Digital Library
• Saudi Publishers
• King Saud Library

5.3.5. Saudi Arabian Commercial Banks

• Arab National Bank
• National Commercial Bank
• Riyadh Bank
• SAMBA Bank
• SAAB Bank
• Banque Saudi Fransi (BSF)
• Al-Jazira Bank
• Saudi Investment Bank
• Al Rajhi Bank
• Alinma Bank
• Albilad Bank
• Alawwal Bank