Wednesday 20 June 2018

Saudi judges decry Westernising of legal reforms

Riyadh, November 7, 2012

Saudi Arabian judges who enforce sharia (Islamic law) have condemned what they see as "the stench of Western ideas" in sweeping legal reforms in the kingdom.

In a letter to Justice Minister Mohammed al-Issa seen by Reuters, eight judges complained about foreign trainers who shave their beards contrary to purist Islam, the minister's meetings with diplomats of "infidel" states and plans to let women practise as lawyers.

The authenticity of the letter, which did not directly criticise either the king or Issa, was confirmed by a source in the Justice Ministry who said it was sent late last month.

The Kingdom’s lawyers and political analysts say the judicial reforms announced by King Abdullah in 2007 and supported by Issa are needed to make the legal system more efficient and modern.

King Abdullah has pursued cautious reforms aimed at modernising Saudi Arabia's economy and making it more socially open, but he has often been blocked by powerful religious conservatives.

The world's top oil exporter has no written legal code or system of precedent, and judges determine cases based on their own interpretation of sharia.

Lawyers say this means similar cases often yield starkly different verdicts and sentences.

However, the reforms have made scant progress five years after being announced, according to lawyers and the ministry source, a delay they blamed on conservatives in the Justice Ministry and within the judiciary.

"I think the majority of judges are in favour. They want to see development both as professionals and for society. But there's another 30 per cent. They fight (Issa) day and night, trying to slow down what he is doing," said the ministry source.


Issa, a former senior judge and top cleric but regarded as a moderate and one of the architects of the reforms, was appointed by King Abdullah in 2009 and tasked with accelerating the changes.

"It needs a lot of work to create these courts and I don't believe they're working as fast as we need. Commercial cases especially need things to be done quickly," said Jassem al-Attiyah, a well-known lawyer.

The plans entail setting up a supreme court, specialised criminal, commercial, labour and family courts and expanding the number of appeals courts as well as establishing a record of precedent to help guide lawyers and judges.

What for conservatives was more controversial was introducing non-sharia training for judges and allowing them to use other schools of Islamic law besides the very strict one traditionally followed in the kingdom.

In their letter to Issa, the judges said teachers at judicial schools were unqualified and complained about their unbearded appearance and habit of smoking cigarettes, characteristics frowned upon by very strict Muslims.

Earlier this year in a move intended to strengthen Issa's position, King Abdullah appointed him to head the Supreme Judicial Council, which controls the judiciary, a position previously held by conservatives.

In recent years the monarch has also sacked senior state-employed religious figures who publicly opposed reforms, including heads of the judiciary and morality police. - Reuters

Tags: Saudi Arabia | Riyadh | Sharia Law | Judges |

More Government & Laws Stories

calendarCalendar of Events