JEDDAH, 3 April 2005 — Saudi Arabia yesterday announced plans to reorganize its judicial system by setting up a supreme court in Riyadh, appeals courts in all its 13 regions as well as labor and commercial courts.
Custodian of the Two Holy Mosques King Fahd yesterday issued a royal decree endorsing the reorganization plan for the judiciary proposed by the ministerial committee for administrative reforms.
Justice Minister Dr. Abdullah Al-Asheikh said the New Judicial Law crowned other regulations passed by the government in recent years such as the Law of Procedure Before Shariah Courts and the Criminal Procedure Law.
“This is a major development in the Kingdom’s judicial history as it will strengthen judicial agencies and speed up the justice system,” the Saudi Press Agency quoted the minister as saying. He said Shariah would remain the basis of the Kingdom’s judicial system.
He said the Supreme Council of Judiciary, as per the new set-up, would take care of the personnel affairs of judges as well as court affairs. “The judicial powers of the council will be transferred to the Supreme Court, which will be highest judicial body in the country,” he explained.
The new law abrogates the courts of cassation and calls for the establishment of appeals courts in all regions within a timeframe, Al-Asheikh said. It approves the setting up of specialized courts such as labor and commercial courts to settle labor and commercial disputes.
Under the new law, there will be general courts to deal with all conflicts except labor, commercial and family disputes and criminal courts to address crimes. Civil courts will handle family and personal conflicts.
Al-Asheikh said his ministry has set up special sections for reconciliation between defendants and plaintiffs to achieve peaceful settlement of conflicts.
“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,” he added.
The minister emphasized the significance of out-of-court settlement as it promotes good relations between defendants and plaintiffs and helps 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 minister quoted from the Qur’an and Hadith to emphasize the importance of reconciliation. “Peacemaking is superior in degree to fasting (in Ramadan), five-time prayers 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.
Saudi Arabia has passed a series of regulations to ensure a fair and balanced legal justice system. The Law of Procedure Before Shariah Courts, passed in September 2001, regulates the rights of defendants and legal procedures. In addition to granting defendants the right to legal representation, the law outlines the processes by which pleas, evidence and experts are accepted by the court.
