Academic Development Meetings
Associate Professor Dr. Sümeyra YAKAR, a faculty member of our department, will deliver a lecture on Tuesday, February 17, in the Faculty of Theology Conference Hall on the topic titled “The Limits of Judges in the Saudi Jurisprudential System before Codification (The Limits of Judges in the Saudi Legal System Prior to Codification)” on Tuesday, February 17, in the Faculty of Theology Conference Hall as part of the “Academic Development Meetings” program.
Abstract:
In Saudi Arabia, prior to the codification process, while judges theoretically had the ability to issue judicial opinions during the case evaluation phase, in practice they applied rulings derived from classical sources attributed to Hanbali scholars. Recent codification initiatives have provided Saudi judges with a systematized body of rules and ensured standardization in final decisions. Since the codification process draws upon the primary sources of Islamic law (the Quran and the Sunnah), the Saudi legal system has retained its structure, which is subject to the traditional framework of Islamic law. This semi-independent nature distinguishes Saudi Arabia from other legal systems. Defining the roles and qualifications of judges in the legal process in Saudi Arabia aids in understanding the legal system. In this program, the transformation of the Saudi legal system from classical practice to codification activities, the responsibilities of judges, the educational process, and methods of jurisprudence will be explained and discussed.
Abstract:
Saudi judges (qāḍī) had the freedom to exercise independent reasoning in the process of evaluating cases during the uncodified period prior to codification. However, they were required to follow the classical regulations transmitted through the textual sources of earlier Hanbalī scholars. Recent codification efforts provide Saudi scholars with a set of systematized traditional rules and introduce standardization in final decisions. Since the rules of codification are directly derived from the primary sources (the Qur’an and Sunna) of Islamic law, the Saudi legal system is purportedly governed by the traditional framework of Islamic law. This semi-independent nature distinguishes it from the dependent codified legal systems of its counterparts. A precise description of the roles and qualifications of Saudi judges in the legal process aids in understanding the actual practice of jurisprudence. The lecture elucidates the transformational process of the Saudi legal system from classical implementation to codification, the responsibilities and training process of the judges, and the jurisprudential procedure within the Saudi legal system.