The Kingdom of Saudi Arabia is home to Mecca and Medina, the two holiest cities in Islam. Evidence of human life on the peninsula dates back almost 20,000 years. With coastlines on the Red Sea and Persian Gulf, the region that became Saudi Arabia played a prominent role as an ancient center of trade. Before the modern state was created, much of the peninsula was controlled either by competing tribal families or invading foreign powers. In 1727, Muhammad ibn Saud successfully brought together the local tribes to establish a unified state. During this process, he formed a consequential alliance with religious scholar Shaikh Muhammad ibn Ab al-Wahhab, the founder of the Wahhabi movement a Sunni Islam theological doctrine that emphasizes a literal interpretation of the Quran. Over most of the next two centuries, the Saudi state’s existence was tenuous, facing persistent incursions by Egypt and the Ottomans as well as internal political challenges.
After World War I and the collapse of the Ottoman Empire, the British supported the efforts of Abdulaziz bin Abdul Rahman Al Saud (Ibn Saud) to unify rival tribes on the penninsula. In 1932, the kingdoms of Hejaz and Najid joined to create the Kingdom of Saudi Arabia. Ibn Saud was named king. Over the next few years, the country’s borders were negotiated through a series of treaties with neighboring states. The House of Saud has played a crucial role on the Arabian Peninsula, influencing regional affairs and the global economy. Saudi Arabia is home to vast natural resources, including 16% of global oil reserves, making it the third largest producer of oil in the world. In 2016, the government launched Vision 2030, a plan for economic reforms and diversification that includes a public investment fund and efforts to expand the tourism, sports, and entertainment sectors.
Legal System
Saudi Arabia is a monarchy. Its legal system is based on traditional Islamic law, also referred to as Sharia. In the 1960s, a single unified court system was established and in recent years efforts have been made to codify governing Islamic law as well as legal and procedural rules.
Sources of Law
The Kingdom recognizes as law only that which is legislated by God in the Quran and the Sunnah. There are three main sources of law: Islamic law, statutory law, and royal orders. The constitutive document of the monarchy, the Basic Ordinance of the Kingdom, states that the Quran and the Sunnah are the Saudi Constitution. The Sunnah is the teachings and actions of the Prophet Mohammed; its dictates are compiled and interpreted in manuscripts drafted by scholars of Islamic law and jurisprudence.
Historically, Islamic law was interpreted from Hanbali texts on Islamic jurisprudence. Ulema (Muslim scholars) create and compile these interpretations. In recent years, they have been codified and the Sharia has been supplemented with rules of procedure.
The Saudi government has introduced regulations and royal decrees that address certain criminal and commercial matters in a manner compatible with Islamic principles. They have the force of law and are binding, but are not referred to as legislation or laws.
Saudi judges have wide discretion in deciding cases. Most court decisions are not published, and there is no common-law concept of precedent. However, the government recently has begun to publish books of legal principles and procedure to enhance consistency in judicial decision making.
Judicial System
The Ministry of Justice administers the laws and regulations governing the judicial branch. The court system has two main branches: the Sharia Courts and the Board of Grievances.
Sharia Courts
Sharia courts adjudicate criminal, civil, and personal status cases. There are three levels of adjudication: first instance, appellate, and a Supreme Court.
First Instance
There are five types of first instance courts: general, family, criminal, commercial, and labor.
The general courts hear all cases not assigned to a specialized court or the Board of Grievances, including property disputes, traffic cases, and other civil suits in locations that do not have a specialized court.
The criminal courts are divided into three panels: Qisas and Hudud matters (cases involving retaliation and non-discretionary punishment), Ta’zir (discretionary punishment), and juvenile.
Family courts hear all family-related matters including guardianship.
The commercial courts were established in 2017 in Jeddah, Riyadh, and Dammam. In smaller cities, provinces, and villages, commercial matters are adjudicated by the general courts. Their jurisdiction extends to disputes between or against merchants, between partners in a partnership, violations of commercial law, and bankruptcy matters.
The labor courts hear all employment-related disputes including issues related to wages, contracts, and workplace injuries.
Cases in the first instance courts are heard either by single judges or three-judge panels. Beginning in 2024, most criminal cases are heard by three-judge panels.
Courts of Appeal
The Courts of Appeal review questions of law in cases appealed from the first instance courts. The appeals courts are divided into divisions corresponding to the specializations in the lower courts. Civil appeals are heard by three-judge panels and criminal appeals by five-judge panels.
Supreme Court
The Supreme Court, located in Riyadh, hears four categories of cases. It sits as a trial court for some criminal cases involving hudud and qisas; it reviews appeals on legal questions for violations of Islamic law, and it hears cases that present procedural irregularities or incorrect interpretation of the law. The court also hears requests for re-hearing of its own judgments.
The Supreme Court includes the court President and justices who are presidents of appeals courts. Civil cases are heard by panels of three; five justices hear criminal hudud and qisas cases. Each panel is assigned a president and decisions are made by a majority vote. Justices are assisted by a staff of researchers and clerks.
Supreme Court justices are appointed by a royal order based upon the recommendation of the Supreme Judicial Council. Candidates must meet the qualifications for a president of a court of appeals. The Court’s President is appointed by royal order and holds a ministerial rank in the government. Justices serve until the mandatory retirement age of 70.
Board of Grievances
The Board of Grievances has jurisdiction over disputes where the Saudi government is a party, certain criminal offenses specified by regulation, the enforcement of foreign judgments, and cases referred to it under ad hoc regulations or by the Council of Ministers.
The Board has a chairman, vice-chairman, judges, and administrative staff. The Board is separated into three levels of review, with cases assigned to specialized tribunals for criminal, administrative, disciplinary, and commercial disputes involving private parties.
Judicial Selection
To become a judge in the Sharia Courts, candidates must be Saudi citizens, have a degree in Islamic law from a university (not merely a general law degree), complete a post-graduate qualifications program at the Institute of Higher Judiciary, and pass examinations administered by the Supreme Judicial Council. Candidates for the Courts of Appeal must have at least two years as a court president, nineteen years of judicial experience, or have been a professor of jurisprudence for nineteen years. The Minister of Justice is responsible for the selection of judges in the Sharia Courts based on the recommendations given by the Supreme Judicial Council.
Members of the Board of Grievances must also be citizens and have a diploma from a Sharia college or an equivalent university diploma as well as a master’s degree in law or a related legal field. They also must successfully complete mandatory training and pass an examination. Members of the Board are selected by the Administrative Affairs Committee, which serves an administrative role equivalent to the Supreme Judicial Council.
The mandatory retirement age for judges is 70.
Because judges in Saudi Arabia are required to obtain degrees in Islamic law, they may also be considered Ulema, Muslim scholars. Judges can be disqualified or must recuse from cases where, prior to joining the judiciary, they issued a fatwa on the matter being litigated in their capacity as an Ulema.
Judicial Administration
The Supreme Judicial Council, formerly the highest court of review, oversees judicial administration for the Sharia Courts, including the supervision of courts and judges. Its chairman and ten members are appointed by the King. Article 46 of the Basic Law of Governance mandates that the judiciary is independent and subject to no authority other than Islamic law.
The Administrative Judicial Council oversees judicial administration for the Board of Grievances.
Court Proceedings
Criminal Cases
The Saudi system is inquisitorial; judges take an active role in investigating claims. There are no juries. The Public Prosecutor initiates most criminal actions. In some cases, the victim or his family initiate the criminal case. Defendants in criminal proceedings have a right to counsel at both the investigative and trial stages. During the litigation process, judges may apply an applicable fatwa. Issued by Islamic scholars, a fatwa is a non-binding opinion on an ambiguous question of Islamic law.
Confessions and oaths or affirmations have a unique place in certain legal proceedings and are accorded significant weight due to the religious nature of the court system. The refusal to take an oath can be interpreted as an admission of guilt or as a failure to prove one’s case in civil proceedings.
Civil Cases
Complaints are filed with the Sharia Courts or Board of Grievances. Some courts in the country (including the commercial courts) have electronic case filing. After the complaint is processed, the court issues a hearing date and subpoenas the defendant.
The “trial” process begins at the first court session. Evidence is not usually exchanged before proceedings commence. At the first hearing, parties submit statements of the claim and the defense. The court may hold additional short hearings during which evidence is presented. Judges lead the examination and cross examination of witnesses. Evidence is given orally or in writing. If an expert is needed, the judge will summon the expert. Most hearings are held in open court unless the judge or one of the parties requests a closed hearing.
Parties are permitted to submit any document that supports their claims, even if it includes private communications. Parties are not obligated to preserve evidence for litigation. There are no statutes of limitation for claims brought in Saudi Arabia (except for litigation involving commercial paper, labor disputes, and claims against managers). Appeals must be filed within thirty days. The most common remedy in civil cases is monetary damages or attachment orders to preserve a defendant’s asserts during litigation. Injunctions are not available.
Judicial Education
The Judicial Training Center, part of the Ministry of Justice, is responsible for preparing and providing continuing professional education to judges from the Ministry of Justice and Board of Grievances, judicial assistants, notaries, and lawyers. It also develops educational resources including statutory text analysis tools, skills development kits, and publications. The curriculum for lawyers includes a specialized course focusing on professional qualifications and a Higher Diploma in Law Practice. The Center recently launched a new digital platform for online learning.