attempts in law-saudi

Khilafah al-'Alam al-Islami

SAUDI ARABIA

History

The Arabian peninsula has supported agricultural, herding, and hunting cultures for thousands of years. Living on important ancient trade routes, the ancestors of the Saudi Arabians were touched by diverse civilizations, including those of Mesopotamia, Egypt, Greece, Rome, Byzantium, India, Persia, and China.
The Qur'an (Koran), the holy book of Islam, was revealed to the Prophet Muhammad in the western Arabian cities of Makkah (Mecca) and Madinah (Medina) beginning about 610 A.D. The birth of the new faith of Islam was one of the most momentous events in history.
Inspired by Islam, the Arabs expanded out of Arabia spreading Islam and the Arabic language. Their vast empire soon stretched from the Atlantic Ocean in the west to central Asia in the east, embracing today's southern Italy, Spain, and parts of France.
The Muslim Arab civilization remained vigorous for centuries, providing stability and advancing human knowledge while Western civilization was in eclipse during the Middle Ages. The Arabs made extensive and original contributions to chemistry, physics, optics, astronomy, medicine, mathematics, literature, and philosophy. They invented algebra, whose name derives from an Arabic word. They also transmitted the number system, called Arabic numerals, to the West.
In the 13th century, the Mongol invasions dealt a devastating blow to the Arabs' eastern lands, and their empire began to decline. The history of modern Saudi Arabia begins with Abdul Aziz Al-Saud, known in the West as Ibn Saud. The Al-Saud family had reigned over much of Arabia in the early 19th century. It lost part of its territory to the Turks later in the century, however, and was driven from its capital, Riyadh, by the rival House of Rashid. In 1902 Abdul Aziz recaptured the city and began to reconquer and reunify the country, which he completed some three decades later. In 1927, Abdul Aziz was officially proclaimed king, and the country was named the Kingdom of Saudi Arabia in 1932. From the discovery of oil in commercial quantities in 1938, rapid economic development and rising prominence in world affairs have dominated the most recent chapter of Saudi Arabia's history.
National

Religion
Islam is one of the world's great monotheistic religions. The followers of Islam, called Muslims, believe in one God (Allah in Arabic) and that Muhammad is His Prophet. Today, the worldwide community of Muslims, which embraces the people of many races and cultures, numbers nearly one billion. There are approximately two million Muslims in the United States.
Historically, Saudi Arabia has occupied a special place in the Islamic world as the very heartland of Islam. Indeed, it is toward the sacred Ka'bah in Makkah that Muslims turn devoutly in prayer five times a day. The Qur'an, the sacred scripture of Islam, was revealed and is universally recited in Arabic.
A Muslim has five obligations, called the Five Pillars of Islam. First is the profession of faith: "There is no god but God; Muhammad is the messenger of God." Second is praying five times a day, facing the holy city of Makkah. Third is zakat (alms giving), which prescribes payment of fixed proportions of a Muslim's possessions for the welfare of the entire community and, in particular, for its neediest members. Fourth is fasting during Ramadan, the ninth month of the Muslim calendar, at which time Muslims abstain from food and drink from dawn to sunset. The fifth pillar is performing the hajj, or pilgrimage, to Makkah at least once in a lifetime. The hajj is a gathering of millions of Muslims from around the world.
The Kingdom continues to dedicate considerable financial and human resources to enable even more pilgrims to perform the hajj in comfort and safety. To Saudi Arabia, the holy cities of Makkah, the birthplace of Islam and the Prophet Muhammad, and Madinah, the Prophet's burial place, are a sacred trust exercised on behalf of all Muslims. Recognizing the unique and historic tradition these holy sites represent, King Fahd adopted the official title of the Custodian of the Two Holy Mosques as an expression of his deep sense of responsibility toward Islam.

Attempts in Law

Shari’ah is divine in its sources and primary rules, and in Saudi Arabia, it covers all legal aspects: criminal, civil and international.

"THE DOOR OF JUSTICE WILL BE OPEN TO ALL PEOPLE ON AN EQUAL BASIS, AND ALL PEOPLE, THE NOTABLE AND THE AVERAGE, WILL HAVE EQUAL STAND UNTIL JUSTICE IS DONE"
(King Abdulaziz bin Abdulrahman Al-Saud)

The Saudi Arabian legal system is based on Islamic law, the Shari'a, with the Quran providing the most important source of law. Nonetheless, Royal and Ministerial Decrees are periodically issued to meet the complexities of modern life and commercialized business transactions. Such Decrees are only valid, however, if they do not conflict with Shari'a law. Also, the use of settlement or arbitration for deciding conflicts is becoming more common.
Attempts in Constitution
Refer to the Islamic Constitution of every countries (Saudi)

Judiciary system
The Ministry of Justice, established by King Faisal in 1970, was responsible for administering the country's more than 300 sharia courts.

Supreme Judicial Council

A body of eleven members chosen from the leading ulama. The Supreme Judicial Council supervised the work of the courts, reviewed all legal decisions referred to it by the minister of justice, expressed legal opinions on judicial questions, and approved all sentences of death, amputation (of fingers and hands as punishment for theft), and stoning (for adultery). Since 1983, the minister of justice has also served as chief of the Supreme Judicial Council, a position that further enhanced his status as chief justice.

Appeals Court

The appeals court, or court of cassation, had three departments: penal suits, personal status suits, and all other types of suits. The appeals had two seats, one in Riyadh and one in Mecca. The chief justice and a panel of several qadis presided over all cases. The king was at the pinnacle of the judicial system, functioning as a final court of appeal and as a source of pardon.

First instance or
General Court

Minor civil and criminal cases were adjudicated in the summary courts of first instance. One kind of summary court dealt exclusively with beduin affairs. A single qadi presided over all summary court hearings. The general courts of first instance handled all cases beyond the jurisdiction of the summary courts. One judge usually presided over cases in the general courts, but three qadis sat in judgment for serious crimes such as murder, major theft, or sexual misconduct.

Saudi Arabia's judicial code stipulated that specialized courts may be established by royal decree to deal with infractions of government regulations not covered by the sharia. Since the reign of Abd al Aziz, kings have created various secular tribunals outside of the sharia court system to deal with violations of administrative rules.]
Introduction
Origins of the Judicial System
Judicial System
Judicial System Saudi
Apostasy and discretionary punishment, By Dr. Muhammad Al-Awa
Islamic Customs and Laws
Gender And Population In Islam By: Khaled M. Batarfi, MA
Judiciary

Socio Economic
Society and Change
Saudi Arabia in the 90s was a society of contrasts. After three decades of intense modernization, the country's urban infrastructure was highly developed and technologically sophisticated. Excellent hospitals, clinics, schools, colleges, and universities offered free medical care and education to Saudi citizens. Shopping malls, supermarkets, restaurants, and amusement centers dotted the urban landscape.
Massive oil revenues had brought undreamed-of wealth to the kingdom. Affluence, however, proved a two-edged sword. The dilemma that Saudis faced in the 1990s was to preserve their cultural and religious heritage while realizing the advantages that such wealth might bring. The regime sought to acquire Western technology while maintaining those values that were central to Saudi society.
Massive urbanization and the altered economic situation have fueled both the forces of change and conservatism. Urbanization brought with it new social groups--students, technical experts, and a vast corps of foreign workers among them. The government has made every effort to insulate the population from the influence of the foreign community; the task grew more difficult as the number of non-Saudis in the work force increased. Expansion of educational and economic opportunities polarized those who had pursued secular studies and those who had pursued religious studies.

The People of Saudi Arabia

Education
The true wealth of any nation is its people, for it is their ability to manage the country's existing resources and to identify and develop new ones which determines the prosperity of the economy and the health of society for present and future generations.
Mindful of the need to ensure that the Kingdom's population should be equal to the challenges of the developmental process, the government has devoted vast resources to a program covering primary, secondary and higher levels of education. All the Kingdom's Development Plans have taken into account the educational aspirations of the Saudi people, providing free education to all. The educational system has been continuously and systematically expanded to accommodate the ever-growing demand for educational services. Through this investment, the Kingdom has been able to guarantee equality of opportunity for all and to ensure that the Kingdom's need for an educated and trained national workforce to carry forward the Kingdom's future development can be fulfilled.
Today, Saudi Arabia's nationwide educational system comprises eight universities, more than 24,000 schools, and a large number of colleges and other educational and training institutions. Open to every citizen, the system provides students with free education, books and health services. A measure of the government's substantial commitment to this sector is the allocation of over 25 percent of the total budget for fiscal 2000 for education including vocational training, an amount totaling 13.17 billion U.S. dollars. Saudi Arabia prizes education because of its critical importance in developing the human potential of the country. As the leader of his nation, the Custodian of the Two Holy Mosques King Fahd bin Abdulaziz has often stressed how the youth of Saudi Arabia is the country's most valuable resource. Education is a central aspect of family and community life. Parents are deeply involved in their children's education, and the close links between home and school serve to reinforce the structure of the community and the nation.

Schools, Colleges, Accadamies,
Universities & Polytechnics

Islamic University of Al-Madinah Al-Munawarah
King Abdul Aziz University
King Fahd University of Petroleum and Minerals
King Faisal University
King Suud University
Al-Imam Muhammad ibn Suud Islamic University
Umm Al-Qura University
King Khaleed University
King Abdulaziz City for Science & Technology (KACST)
Riyadh College of Technology
American International School - Riyadh
Pakistan International School, Riyadh
Prince Moattsem International School
Saudi Arabian International School Dhahran Academy
Saudi Arabian International School-Riyadh
Al Hada International School, Taif

Institutions & Organizations
Jeddah Education
King Abdulaziz City for Science & Technology
Saudi Students Clubs & Schools

Research, Resources & Projects King Abdulaziz Foundation For Resarch and Archives (Darah)
Saudi Arabia Information Resource

Education and Human Resources
Background to the Development of Education
Primary and Secondary School Education
Education
Education in Saudi Arabia

Economic
Shari'a law in business
Commercial and business deals in Saudi Arabia are regulated by Shari'a or Islamic law.

Chapter 4 Economic Principles of Saudi Arabian Constitution

Article 14

All God's bestowed wealth, be it under the ground, on the surface or in national territorial waters, in the land or maritime domains under the state's control, are the property of the state as defined by law. The law defines means of exploiting, protecting, and developing such wealth in the interests of the state, its security and economy.

Article 15 No privilege is to be granted and no public resource is to be exploited without a law.

Article 16 Public money is sacrosanct. The state has an obligation to protect it and both citizens and residents are to safeguard it.

Article 17

Property, capital, and labor are essential elements in the Kingdom's economic and social being. They are personal rights which perform a social function in accordance with Islamic Shari'ah.

Economy: Introduction
The Government, through the public sector, plays a major role in the Kingdom's industrial activity but, in recent years, the private sector has, with the Government's encouragement under the Kingdom's system of free enterprise, become increasingly involved in and responsible for industrial development and diversification.
Following the peak years of oil revenues in 1980/81 - 1982/83 (1400/01 - 1402/03 AH), it became necessary to undertake a very considerable downward adjustment to the government's level of expenditure. At the same time, the economy as a whole had to come to terms with more modest circumstances.
The most remarkable feature of this process is the relative ease with which both the government and the private sector came to terms with the new circumstances. This is not to say that the process has not been difficult, demanding, even painful. But it is true that a decline in revenues which could have destabilized other economies has been taken as an opportunity to consolidate past achievements and to engender a more commercially realistic and efficient approach to all types of venture.

Supreme Economic Council
On the 30th August, 1999, a royal decree was issued by Custodian of the Two Holy Mosques King Fahd bin Abdul Aziz announcing the formation of the Supreme Economic Council. The eleven-member Council was to be chaired by Crown Prince Abdullah bin Abdul Aziz, Deputy Premier and Commander of the National Guard. The decree said the formation of the new body had been prompted by the crucial role played by economic affairs in the countries of the world, their direct influence on the interests of citizens and the need to involve a wide circle of contributors in economic policy-making in the changing economic world of today. The statement confirmed that the economic policy of the Kingdom was based on the pillars of comprehensive social welfare, the concept of a free economy, and a free market for capital, goods, services and products in order to secure the following goals:

The welfare of society,

Provision of jobs and optimum use of manpower,

Control of public debt within secure and reasonable limits,

Fair distribution of national income and opportunities for investment and labor,

Diversification of the economic base and increase in the sources of public revenues,

Development of savings and development of saving channels and frameworks for safe investment,

Increase of the income of the state and linking it with the movement and growth of the national economy

Increase of investment of domestic capital and savings in the national economy

Increase of the contribution of the private sector, expansion of its contribution to the national economy and contribution to the Government's program for privatization

Enhancement of the ability of the national economy to cope efficiently with international economic changes.

Economy and Industry
Economy
Islamic Banking
Corporate Islamic Finance
Islamic finance
Al-Ahli Islamic Shariah-Compliant Short Term Mutual Funds
Islamic Economics
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Schools, Colleges, Accadamies, Universities & Polytechnics	Islamic University of Al-Madinah Al-Munawarah King Abdul Aziz University King Fahd University of Petroleum and Minerals King Faisal University King Suud University Al-Imam Muhammad ibn Suud Islamic University Umm Al-Qura University King Khaleed University King Abdulaziz City for Science & Technology (KACST) Riyadh College of Technology American International School - Riyadh Pakistan International School, Riyadh Prince Moattsem International School Saudi Arabian International School Dhahran Academy Saudi Arabian International School-Riyadh Al Hada International School, Taif
Institutions & Organizations	Jeddah Education King Abdulaziz City for Science & Technology Saudi Students Clubs & Schools
Research, Resources & Projects	King Abdulaziz Foundation For Resarch and Archives (Darah) Saudi Arabia Information Resource

Supreme Judicial Council	A body of eleven members chosen from the leading ulama. The Supreme Judicial Council supervised the work of the courts, reviewed all legal decisions referred to it by the minister of justice, expressed legal opinions on judicial questions, and approved all sentences of death, amputation (of fingers and hands as punishment for theft), and stoning (for adultery). Since 1983, the minister of justice has also served as chief of the Supreme Judicial Council, a position that further enhanced his status as chief justice.
Appeals Court	The appeals court, or court of cassation, had three departments: penal suits, personal status suits, and all other types of suits. The appeals had two seats, one in Riyadh and one in Mecca. The chief justice and a panel of several qadis presided over all cases. The king was at the pinnacle of the judicial system, functioning as a final court of appeal and as a source of pardon.
First instance or General Court	Minor civil and criminal cases were adjudicated in the summary courts of first instance. One kind of summary court dealt exclusively with beduin affairs. A single qadi presided over all summary court hearings. The general courts of first instance handled all cases beyond the jurisdiction of the summary courts. One judge usually presided over cases in the general courts, but three qadis sat in judgment for serious crimes such as murder, major theft, or sexual misconduct.

Article 14	All God's bestowed wealth, be it under the ground, on the surface or in national territorial waters, in the land or maritime domains under the state's control, are the property of the state as defined by law. The law defines means of exploiting, protecting, and developing such wealth in the interests of the state, its security and economy.
Article 15	No privilege is to be granted and no public resource is to be exploited without a law.
Article 16	Public money is sacrosanct. The state has an obligation to protect it and both citizens and residents are to safeguard it.
Article 17	Property, capital, and labor are essential elements in the Kingdom's economic and social being. They are personal rights which perform a social function in accordance with Islamic Shari'ah.