Sjd Dissertation Proposal Abdulrahman Malkithe Judicial Prec

Sjd Dissertation Proposalabdulrahman Malkithe Judicial Precedent In

Evaluating the role and potential integration of judicial precedents within the Saudi legal system, comparing it with the US legal framework, and proposing strategies for implementation without conflicting with Islamic law principles.

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The role of judicial precedent as a fundamental source of law has been integral to the functioning of common law jurisdictions such as the United States and England. In these systems, past judicial decisions serve as guiding principles for future cases with similar facts, promoting consistency, predictability, and efficiency within the judiciary (Gurnani, 2015). Conversely, Saudi Arabia's legal system predominantly relies on Islamic law (Sharia), with sources such as the Quran, Sunnah, Ijma (consensus), and Qiyas (analogical reasoning) guiding judicial decisions (Alabdli, 2006/2007). Judicial precedent is generally not recognized as a binding or persuasive source except within administrative courts, and even there, its application is limited (Mohammed, 2013). This divergence presents both challenges and opportunities for the Saudi judiciary, especially in civil and commercial law cases where a more authoritative precedent could improve judicial consistency and legal clarity.

The primary significance of considering judicial precedent as a supplementary or integrated source of law in Saudi Arabia lies in its potential to enhance the efficiency and predictability of legal outcomes (Almarshdi, 2016). By establishing a system where previous rulings can serve as binding precedents under specific conditions, the judiciary can reduce contradictions, minimize individual discretion bias, and expedite the resolution process. Such alignment with the US system, where case law complements statutory law, can foster a more dynamic legal environment that adapts to economic development and social change (Teacher, 2013). Notwithstanding, integrating judicial precedents within the framework of Islamic law requires meticulous consideration to align the doctrinal sources, ensuring that precedents do not contradict fundamental principles derived from the Quran and Sunnah.

Analyzing the feasibility of adopting judicial precedent in Saudi Arabia involves examining several key questions. Firstly, considering the Islamic perspective under Sharia, scholars have debated whether judicial decisions can attain a binding status. Many jurists argue that Islamic law emphasizes divine revelation as the primary and ultimate authority, fearing that precedent might diminish divine sovereignty (K., 2011). However, some modern Islamic jurists recognize the role of judicial consensus and the importance of consistency in legal rulings, potentially framing precedents as tools for interpretation rather than binding sources. Persuading conservative jurists involves demonstrating that judicial precedents can be rooted in Sharia principles, such as justice ('Adl') and public interest ('Maslahah'), thereby aligning with Islamic values (Dugather, 2008).

The US system, a common law jurisdiction, emphasizes case law as a source of legal development. For Saudi Arabia to adapt this framework, it must ensure that judicial precedents do not override or conflict with the core Islamic sources. This could involve establishing clear criteria where precedents are considered only when they do not contradict Sharia principles, are based on sound legal reasoning, and have undergone scholarly scrutiny. Moreover, the creation of an authoritative judicial body responsible for monitoring and approving precedents can ensure adherence to Islamic law while promoting consistency (Moahmmed, 2013).

Not all judicial decisions should function as precedents. Instead, only those decisions that reflect authoritative interpretations of law, involve significant legal issues, and have undergone proper legal reasoning could be designated as binding precedents. Features such as being issued by a court of higher authority, consistency with existing Islamic principles, and clarity in legal reasoning would determine their suitability (Almarshdi, 2016). Furthermore, decisions that resolve complex or ambiguous legal questions could serve as guiding standards, whereas decisions based solely on judicial discretion or case-specific facts might be excluded from this prescriptive role.

Implementing judicial precedent in Saudi Arabia involves systematic reforms, including establishing legal guidelines for recognizing precedents, training judges in precedent-based reasoning, and integrating this system within existing Islamic jurisprudence. Empirical studies of court decisions in civil and commercial law cases suggest that aligning judicial practices with precedent-based reasoning could lead to more predictable outcomes, reduce litigation costs, and increase public confidence in the judiciary (Alabdli, 2006/2007). For example, in commercial disputes, a precedent system could streamline decision-making and provide clearer guidance for investors and businesses operating within Saudi Arabia, fostering economic growth and legal stability.

In conclusion, adopting judicial precedent within the Saudi legal system presents a promising opportunity to enhance judicial efficiency and consistency. Careful implementation, based on Islamic legal principles and contextual considerations, can ensure harmony between traditional Sharia sources and modern judicial practices. Drawing from the US's experience, Saudi Arabia can develop a hybrid approach that incorporates precedents as persuasive rather than binding sources, ensuring the legal system remains rooted in its Islamic foundations while embracing mechanisms that promote justice, predictability, and judicial integrity.

References

• Alabdli, S. M. (2006/2007). Summarize case law research: An applied theory study. Committee for Research and Judiciary in Saudi Arabia. doi:10.12816/001183
• Almarshdi, A. (2016, July 15). Study case law in terms of basis, concept and benefits. Retrieved from https://mohamah.net/law/بØØ«-قانوني-ودراسة-متميزة-Øول-السوابق-ا
• Dugather, A. S. (2008). Authenticity of the judicial precedent. Retrieved from file:///C:/Users/user/Downloads/مكتبة%20نور%20-%20Øجية%20السوابق%20القضائية.pdf
• Gurnani, N. (2015, May 6). Precedents as a source of law. Retrieved from [URL]
• K., (2011). The Doctrine of Judicial Precedent. Retrieved from [URL]
• Moahmmed, M. N. (2013). Comparative Law and Judiciary (1st ed.). Riyadh, Saudi Arabia: King Fahad Library.
• Teacher, Law. (November 2013). Judicial precedent is source of law. Retrieved from [URL]
• The Qur’an, the last revealed word of God, is the primary source of every Muslim’s faith and practice. It deals with all the subjects which concern human beings, providing guidelines for a just society and proper conduct (relevant to Islamic jurisprudence references).