Document Details
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Document Type |
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Thesis |
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Document Title |
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The supreme court in the Saudi Judicial systemComparative Study المحكمة العليا في النظام القضائي السعودي دراسة مقارنة |
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Subject |
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Faculty of Economics and Management - Management System |
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Document Language |
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Arabic |
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Abstract |
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The supreme court has been recently established in Kingdom of Saudi Arabia. It is atop the pyramid of the public judgment courts. Moreover, the Saudi legislator has indicated the formation of the supreme court and its specialized circuits, not to mention the limits of circuits’ jurisdiction. Moreover, the Saudi legislator refers to the general authority that holds the process of arbitrating in the judicial principles according to a systematic body. The supreme court monitors the appropriate application of Islamic Sharia rules and the systems of applying the rules and decisions of courts of Appeal. Add to that, it includes the appropriate application in case of contesting for specific reasons, for example. And this in turn poses questions around the following: its tasks, jurisdiction, whether it applies the rules or not, whether it is considered a degree of litigation or nor and how well it monitors the constitutional role those systems perform. This makes, as a consequence, the research topic is worthy of investigation and demystification; in as much as, this study seeks to indicate the body of the supreme court, its jurisdiction, its main tasks and how it addresses the dispute matters in the Saudi Judicial system issued in 1428H as well as the project of the legal hearing system, in a descriptive way and an analytical approach detailed in four chapters including the following: multiplicity of the litigation degrees, formation of the supreme court and its jurisdiction, cases where it addresses the matter, and non execution of the sentences in the supreme court. One of the main findings the researcher concludes is that the supreme court is comprised of three circuits, handles the devastation case compulsorily and doesn’t handle the loyal jurisdiction contravention cases. Moreover, the principle of abiding by the legal rules has been emphasized in its jurisdiction and function. The supreme court is deemed to be a Sharia court, for the fact that it doesn’t arbitrate in the reality neither address the dispute issue, but it refers the case to another judge for judgment anew. It isn’t a third degree of litigation and doesn’t provide a judgment except in quashing the verdict for second time and the fitness of the case for judgment. In addition, it hasn’t been granted or banned by the Saudi legislator to monitor how constitutional the systems are. And as a general rule" Protesting with request of quashing the verdict doesn’t result in non-execution of the verdict, unless the system provides the contrary or the supreme court orders non-execution of the verdict. Generally, the researcher recommends resorting to two degrees of litigation without involving the supreme court in litigation degrees, deciding its right on monitoring the how constitutional the systems are. |
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Supervisor |
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Dr. Hesham Mowafaq Hamed Awad |
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Thesis Type |
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Master Thesis |
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Publishing Year |
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1433 AH
2012 AD |
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Added Date |
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Tuesday, July 31, 2012 |
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Researchers
| حبيب الله دريميح السلمي | Al-Solami, Habeeb Allah Dremeeh | Researcher | Master | |
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