Judiciary system in Saudi Arabia

The government of Saudi Arabia is keen to mitigate any obstacles encountered by the judicial
system in Saudi Arabia. Competent agencies facilitate prosecution, expedite proceedings and
settlement of disputes. This section reviews the efforts Ministry of Justice is making with respect
to proceedings. Moreover, it highlights types of courts and how to communicate with licensed
lawyers:

Several types of courts within the country’s judicial system

According to the website of Ministry of Justice, there are three types of courts. At the top comes
the supreme court, followed by courts of appeal, then courts of first instance at the bottom of the
judicial hierarchy.

 Type 1: Supreme Court

 According to the Saudi judicial system, there is only one Supreme Court in Saudi Arabia.
This court oversees implementation of Islamic laws and decrees issued by the Saudi
Monarch in conformity therewith in matters that lie within the jurisdiction of the general
judiciary system.
 Type 2: Courts of Appeal
 According to the Saudi judicial system, in each region of Saudi Arabia there is one or
more courts of appeal. Dubbed as “Second Degree Courts”, they review verdicts issued
by courts of first instance, that are subject to appeal, within their respective jurisdiction.
 Type 3: Courts of first instance

Available in all provinces and regions of Saudi Arabia, courts of first instance are entrusted with
all claims that fall within their respective jurisdiction. Verdicts issued by courts of first instance are
subject to appeal except those issued in simple claims identified by the Higher Judicial Council.
Courts of first instance deal with a variety of claims that are divided into five types:
General courts are entrusted with all claims and final evidence that fall out of the jurisdiction of
other courts, notary public or Grievance Tribunal.
First-Instance Courts

There are two types of First-Instance Courts under the current Saudi Arabia Courts System:

· Summary Courts; and,

· General Courts.

Summary Courts

Summary Courts are composed of one or more judges. The composition, jurisdiction, and
designation of the Summary Courts are constituted by decisions of the Minister of Justice on the
recommendation of the Supreme Judicial Council.[119] A single judge hands down the judgments
issued by these courts.[120] Summary Courts have jurisdiction over certain hudud[121] (fixed
punishments) cases, ta'zir cases (excluding those excluded by a statutory law), and decisions
concerning monetary damages or compensation for crimes that do not exceed one-third of the
diy'ah (blood money),[122] (corresponding to 20,000 Saudi Riyals or $6,000 USD).[123] They
also have jurisdiction over civil claims for sums less than 8,000 Saudi Riyals ($2,133
USD).[124] There are more than fourteen Summary Courts in Saudi Arabia.[125] A judge from
each Shari'ah Summary Court is designated to hear juvenile cases at a social surveillance center
or a welfare institution, in accordance with procedures for the trial of juveniles.[126]

General Courts
The second type of First-Instance Court is the General Court. These are composed of one or
more judges. Composition, jurisdiction, and designation of the Saudi Shari'ah General Courts are
determined by decisions of the Minister of Justice on the recommendations of the Supreme
Judicial Council.[127] In particular, General Courts have Jurisdiction over cases wherein the
sentence claimed is either the death penalty, or qisas (retaliatory punishments) in cases other
than death.[128] They also have jurisdiction over civil claims for sums totaling more than 20,000
Saudi Riyals ($6,000 USD). A single judge renders judgments in a General Court, except in cases
involving punishments such as death or retaliatory punishment, which require a three-judge
panel.[129] In such cases, ".the judges handling the case should decide on the appropriate
discretionary punishment or otherwise, as required by the Shari'ah."[130]
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Commercial Courts
According to Article 35 of the Law of Procedures before the Shari’a Courts the Commercial courts
shall have jurisdiction over the following:

1. All commercial disputes, whether principal or consequential, occurring among traders.

2. Lawsuits filed against the trader because of the principal or consequential acts thereof.
3. Disputes occurring among partners in partnerships.
4. All lawsuits and violations relating to commercial laws without prejudice to the jurisdiction
of the Grievance Board.
5. Bankruptcy lawsuits, interdiction of the bankrupt, or lifting thereof.
6. Other commercial disputes.

Labour Courts
Article 34 of the Law of Procedures before the Shari’a Courts states:

Labour courts shall have jurisdiction over the following:

1. Disputes relating to employment contracts, wages, rights, labour injuries, and granting
compensation thereto.
2. Disputes relating to imposing of the disciplinary penalties by the employer on the
employee or exemption thereof.
3. Lawsuits filed to execute the penalties set forth in the Labour Law.
4. Disputes arising from lay-off.
5. The complaints of employers and employees whose objections are against any
resolution, issued by any competent body in the General Organization for Social
Insurance, relating to registration, subscription, or compensation.
6. Disputes involving employees subject to the provisions of labour law including the civil
servants.
7. Disputes arising from the application of labour law and social insurance law without
prejudice to the competencies of the other courts and Grievance Board.

Legal proceedings at Saudi courts

Firstly – Appearance of adversaries and power of attorney

Adversaries or their attorneys shall appear before the court at the established date.
1- Conditions governing appearance of attorneys:

 An adversary can appoint an attorney

 The attorney shall identify himself as representative of the adversary
 The attorney shall submit an authenticated power of attorney
 The court may establish a date for the attorney to deliver his power of attorney to the court
no later than the date of the hearing session. A power of attorney may be indicated in the
session proceedings duly signed by the attorney.
 Failure to appear before the court shall render the adversary absent

2- Powers invested in the attorney

 Any statement made by the attorney at the presence of his client shall be considered to have
been made by the client himself, unless denied by the client during the proceedings of the
same hearing session.
 Should the client fail to appear, the attorney should not acknowledge, assign or settle the
claim in part or in whole, file an appeal, lift sequestration, initiate fraud allegation, nominate
an expert unless specifically indicated in the power of attorney.

3- Resignation or removal of the attorney

The attorney shall not resign or be removed without approval of the court, unless the client advised
his adversary that he assigned another attorney to replace the existing one or that he intends to
pursue the case by himself.
4- The court may change the attorney if he is using evasion tactics.
In which case the court may demand the client pursue the case by himself or appoint another
attorney.
5- Barriers to power of attorney
The judge, member of the Public Investigation & Prosecution or any court staff member to assume
the role of an attorney on behalf of a client even the case is another court. However, he can
assume an attorney role on behalf of his family members.

Communication with licensed lawyers:

Ministry of Justice provides search service for lawyers duly licensed by the Ministry. Visitors to
the Ministry’s portal are provided with search facility on the names of licensed lawyers and their
contact details by city. For Inquiry about licensed lawyers.
http://www.nyulawglobal.org/globalex/Saudi_Arabia.html#_Toc200894572