Law Enforcement in Saudi Arabia - Sources of Law

Sources of Law

The primary source of law in Saudi Arabia is the Islamic Sharia, derived from the Qu'ran and the traditions of Muhammad contained in the Sunnah. It also includes ijma, or scholarly consensus on the meaning of the Qu'ran and the Sunnah developed after Muhammad's death, and Qiyas, or analogical reasoning applied to the principles of the Qu'ran, Sunnah and ijma.

The legal system of Saudi Arabia is exceptional in the world of Islam, in that Muslim countries that retain or adopt Sharia usually determine which parts of the Sharia are enforceable and codify (and thereby modernize) them. In Saudi Arabia, the state regards uncodified Sharia in its entirety as the law of the land and does not interfere with it. It is, therefore, unique not only comparative to Western systems, but also when compared to other Muslim countries, and is the closest system to the form of Sharia adopted in the Muslim world at the advent of Islam.

The lack of codification of Sharia leads to considerable variation in its interpretation and application. Furthermore, there is no system of judicial precedent, although Saudi judges are expected to consult six medieval texts from the Hanbali school of jurisprudence before reaching a decision. The Hanbali school is noted for its literalist interpretation of the Qu'ran and hadith. If the answer is not found in the six Hanbali texts, the judge may then consult the jurisprudence of the other three main Sunni schools or apply his independent judgment and legal reasoning, referred to as ijtihad.

Nevertheless, because the judge is empowered to disregard previous judgments (either his own or of other judges) and can apply his personal interpretation of Sharia to any particular case through ijtihad, divergent judgements arise even in apparently identical cases. There is a presumption against overturning a decision when it is based on ijtihad. This principle is crucial in two respects. Firstly, it concentrates the substance of the law in the hands of judges as, in consequence, there is a presumption that only a judge exercising ijtihad, rather than a king or a parliament, can determine God's law. Secondly, it renders a judge's decision practically immune to reversal on appeal. The role of ijtihad has led to calls for the Sharia to be codified to give clarity and remove uncertainty. As a result, in 2010, the Minister of Justice announced plans to implement a codification of Sharia law, although resistance from the religious establishment is reportedly delaying its implementation.

Royal decrees are the other main source of law but are referred to as regulations rather than laws to indicate that they are subordinate to the Sharia. Royal decrees supplement Sharia in areas such as labor, commercial and corporate law. Additionally, traditional tribal law and custom remain significant.