Civil Laws at Saudi Arabia
Civil law in Saudi Arabia operates quite differently from most Western legal systems. Here's a breakdown of how it works, along with the core features of civil law as it applies there:
Overview of Civil Law in Saudi Arabia
Saudi Arabia does not follow a codified civil law system like many Western countries (e.g., France or Germany). Instead, its legal system is primarily based on Islamic law (Sharia), particularly the Hanbali school of jurisprudence, one of the four main Sunni schools.
⚖️ Key Features of Saudi Arabia’s Civil Legal System
1. Sharia-Based Legal System
Quran and Sunnah are the primary sources of law.
Judges (qadis) have wide discretionary power to interpret Sharia.
There’s no comprehensive civil code, but there are regulations that serve similar functions.
2. Recent Codification Efforts
Saudi Arabia has made steps to codify and modernize parts of its civil law, such as:
The Civil Transactions Law (2023) – a major development that aims to bring more predictability and uniformity to civil cases (contracts, torts, property).
Family Law (2022) – regulates marriage, divorce, custody, and inheritance.
Personal Status Law – includes provisions on guardianship, alimony, and child custody.
Commercial Courts Law – separate from general Sharia courts, handling business disputes.
3. Contracts and Obligations
Contracts are generally valid as long as they don't contradict Sharia principles.
Interest (riba) is forbidden, so financial agreements follow Islamic finance principles.
4. Property Law
Private property is recognized.
Real estate law is regulated, including foreign ownership restrictions.
Waqf (charitable endowment) law is significant.
5. Tort Law
Based on Islamic principles of compensation and liability.
Diya (blood money) may be applicable in certain cases, like personal injury.
🧑⚖️ Legal Institutions
Board of Grievances (Diwan al-Mazalim) – handles administrative and some civil cases.
Commercial Courts – for business disputes.
General Courts – oversee family, criminal, and civil issues under Sharia.
🆕 Modern Reforms
Under Vision 2030, Saudi Arabia has been reforming its legal system to:
Improve transparency and predictability.
Attract foreign investment.
Align with international legal norms while maintaining Islamic foundations.
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