King Abdulaziz founded the Sharia judiciary system that covers almost all governmental institutions, so from its very beginning, the system of government of Saudi Arabia – including the judicial system – is different from any other in the world that adheres to secular laws. It is based on the principles of Shariah law, which classifies as one of the fundamental sources of law in the Kingdom, in addition to statutory law and royal orders. Currently, the judicial system of the Kingdom of Saudi Arabia is going through a legislative revolution. The Council of Ministers is regularly issuing, amending or revoking laws and regulations to meet the progress of the country, and one of the most notable of these steps is the approval of court judicial fees through the issuing of Royal Decree No. (M16). This decree is expected to have a positive impact on the judicial system by reducing the number of malicious lawsuits, as the introduction of court fees will make parties think long and hard before commencing claims that have little merit and will hopefully encourage more parties to resolve their disputes out of court. According to the last report issued by the Ministry of Justice, the courts registered fewer lawsuits in 2022 than in the preceding year. Another key recent development of the judicial system is the issuing of the Commercial Courts Act. This new legislation, which includes some amendments from the previous act, allows traders to agree on the methods of evidence in their contractual relationship as well as utilise digital evidence in court. This improvement is the beginning of a new era for the Saudi judicial system and its procedures. Obviously, the implementation of the Saudi Arabia’s Judicial System Under the Era of King Salman binAbdulaziz Thought Leader The Kingdom of Saudi Arabia has taken significant steps to reorganise its modern judicial system in line with the general evolution of the country, while also retaining its essentially Islamic character. Abdullah Al-Dosari, partner at EKTISAB Law Firm, shares an overview of some of the relevant historical aspects and current features of the Saudi Arabian judicial system and their role in preserving stability of law in the Kingdom’s private and public interests, as well as attracting foreign investment. 92 LAWYERMONTHLYOCTOBER 2022
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