JEDDAH, 7 March 2005 — Saudi courts will soon have special sections for reconciliation between defendants and plaintiffs.
“The move aims at achieving the objectives of Shariah which prefers peaceful settlement of conflicts between people, and cutting down the number of court cases,” the Saudi Press Agency quoted Justice Minister Dr. Abdullah Al-Asheikh as saying.
Al-Asheikh emphasized the significance of out-of-court settlement as it promotes good relations between defendants and plaintiffs and help them win their rights in a way acceptable to both parties.
The new peacemaking sections will be established in phases. In the first phase, it will be operational in general courts in Jeddah, Abha and Alkharj and summary courts in Riyadh, Madinah and Jeddah.
“These sections will be established in courts that deal with cases related to public rights and personal disputes. It will be linked with the chief justice and manned by experts,” he said.
Al-Asheikh said the new sections would deal with marital and family disputes. “In the beginning they will look into applications for divorce, family visits and expenditure,” he added.
Divorce is a major social problem in the Kingdom. Courts register 25 to 35 divorce cases daily. An average of 16,000 divorces take place annually out of a total of 66,000 marriages.
The new sections are allowed to take up cases involving payment of not more than SR40,000 with respect to general courts and not more than SR10,000 in summary courts.
The minister quoted from Qur’an and Hadith to encourage reconciliation among individuals and groups. “Peacemaking is superior in degree to fasting (in Ramadan), five-time prayer and alms-giving,” he said quoting the Prophet (peace be upon him).
Reconciliation is the best way to settle disputes as it removes hatred between belligerents, Al-Asheikh said, adding that such practices involving sacrifices would strengthen people’s faith in God as well as social amity. “Once a settlement is reached between two parties, the chief justice will endorse it by signing the agreement between them,” the minister said.
He said a special team would be set up to follow up the working of the sections, remove obstacles facing them and report their findings within three months.
Saudi Arabian Airlines recently reached an out-of-court settlement with Haj and Umrah service firms that threatened to take legal action against the airline over losses caused to them allegedly by flight delays during the last Haj season. Ayman Al-Siraj, lawyer for some 20 companies that sought a compensation of SR80 million from the airline, said Saudia’s Director General Dr. Khaled Ben-Bakr had agreed to settle the matter.
