Justice and the judiciary are one of the basic pillars in the state, which is translated on the ground through the court, which adjudicates all kinds of lawsuits and exerts its efforts in fulfilling the word of right and giving everyone with the right his right. And occupy Kingdom of Saudi Arabia Therefore, in this article we will talk in detail about the Saudi judicial system with all its rules and materials.
The Saudi judicial system
The Council of Ministers approved the draft regulations Saudi judiciary After reviewing the decision of the royal order approving the arrangements for the judicial organs and dispute resolution and the draft judicial system accompanying them. This project has been detailed through a set of materials that we will highlight.
Judicial independence
- The absolute independence of judges, and their adherence only to the provisions of Islamic Sharia and the judicial systems followed
- Judges may be dismissed only in certain cases
- Judges may be removed from their post only due to their promotion to a higher position in other courts and by their own consent, with the exception of certain cases
- Judges may not be held accountable for their professional actions except in certain cases
Appointment of judges
A person seeking to be a member of the judicial Corps is required to possess the following qualities:
- He holds the citizenship of the kingdom of Saudi Arabia
- Holds a university degree from one of the Sharia colleges in the kingdom of Saudi Arabia or equivalent
- Passing a special examination prepared by the Supreme Judicial Council
- That he should not be sentenced for an act contrary to honor and religion
- He must be 40 years old if he is appointed to the level of an appellate judge, and 22 years old if he is appointed to any of the other levels of the Judicial Service
Transfer and transfer of judges
Judges may be transferred, seconded and seconded outside the judicial Corps only by a royal order based on a decision of the Supreme Judicial Council for a renewable one-year period, but in exceptional cases, the chairman of the Supreme Judicial Council may delegate a member of the judicial corps inside or outside the Corps for a period of 3 months per year.
Duties of judges
- Not combining the function of the judiciary with business or any other work that does not preserve the independence and dignity of the judiciary
- Refraining from disclosing the secret of the deliberations
- Residence in the country of work
Termination of service of judges
The judge's service ends for one of the following reasons:
- To turn 70 years old
- Death
- Acceptance of the resignation request submitted by him
- Acceptance of the application for referral to retirement
- His inability to start his business after the expiration of the sick leave
- Termination of service for disciplinary reasons
- Getting an estimate below the average in the adequacy report 3 times in a row
Supreme Council of the judiciary
According to Article No. 5 of the decision of the Council of ministers, the Supreme Council of the judiciary consists of a chairman named by royal order and 10 members as follows:
- The president of the Supreme Court, whose term of office lasts 4 renewable years
- 4 judges with the rank of President of the court of Appeal, named by royal order for a renewable 4-year term
- Undersecretary of the Ministry of Justice
- Head of the public prosecution and Investigation Authority
- 3 members who meet all the conditions required by the appeal Judge, are named by a royal order for a renewable 4-year period
The function of the Supreme Judicial Council is embodied by a set of points, namely:
- Issuing and circulating the regulations on the affairs of judges following the approval of the King
- Auditing the consideration and supervision of judges ' functional affairs in terms of assignment, appointment, training, promotion, leave, termination of Service, dismissal and dismissal, etc., which ensures the independence of the judicial system
- Organization and issuance of the judicial inspection regulation
- Establishing courts, determining their names, spatial and qualitative specialization, assigning and dividing the jurisdiction of each department in them and supervising them
- Appointment and designation of presidents and assistants of the court of Appeal, presidents and assistants of the courts of First Instance
- Regulating the powers and competencies of court presidents and their assistants by issuing regulations in this regard
It is worth mentioning that the Supreme Judicial Council is convened under the chairmanship of its chairman, and in case of his absence, under the chairmanship of a Supreme Court judge, once every two months or whenever the need arises, and all decisions of the council are issued by a majority.
Courts of the kingdom of Saudi Arabia
The Saudi judicial system ranges from the courts of First Instance to the Supreme Court, all of which work to achieve the law and spread justice among all groups of society, and they are as follows from the top of the pyramid to the first stage of initiating the case:
- Supreme Court
- Courts of Appeal
- Courts of First Instance, namely:
- General courts
- Criminal courts
- Personal transfer courts
- Commercial courts
- Labor courts
With this, we have reached the end of talking about the Saudi judicial system in all its aspects and detailing each paragraph of its own.