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Saudi Arabia \ Judicial System \ Supreme Judicial Council Easy printable page

General Description
The Supreme Judicial Council supervises the work of the courts, reviews all legal decisions referred to it by the minister of justice, expresses legal opinions on judicial questions, and approves all sentences of death, amputation (of fingers and hands as punishment for theft), and stoning (for adultery).
Constitutional Framework
Saudi Arabia - Constitution
Chapter 6 The Authorities of the State
Article 44 The authorities of the state consist of the following: the judicial authority;
the executive authority;
the regulatory authority.
These authorities cooperate with each other in the performance of their duties, in accordance with this and other laws. The King shall be the point of reference for all these authorities.
Article 45 The source of the deliverance of fatwa in the Kingdom of Saudi Arabia are God′s Book and the Sunnah of His Messenger. The law will define the composition of the senior ulema body, the administration of scientific research, deliverance of fatwa and it′s (the body of senior ulema′s) functions.
Article 46 The judiciary is an independent authority. There is no control over judges in the dispensation of their judgements except in the case of the Islamic Shari′ah.
Article 47 The right to litigation is guaranteed to citizens and residents of the Kingdom on an equal basis. The law defines the required procedures for this.
Article 48 The courts will apply the rules of the Islamic Shari′ah in the cases that are brought before them, in accordance with what is indicated in the Book and the Sunnah, and statutes decreed by the Ruler which do not contradict the Book or the Sunnah.
Article 49 Observing what is stated in Article 53, the courts shall arbitrate in all disputes and crimes.
Article 50 The King, or whoever deputizes for him, is responsible for the implementation of judicial rulings.
Article 51 The authorities establish the formation of the Higher Council of Justice and its prerogatives; they also establish the seniority of the courts and their prerogatives.
Article 52 The appointment of judges and the termination of their duties is carried out by Royal decree by a proposal from the Higher Council of Justice in accordance with the provisions of the law.
Article 53 The law establishes the seniority of the tribunal of complaints and its prerogatives.
Article 54 The law establishes the relationship between the investigative body and the Prosecutor-general, and their organization and prerogatives.
Article 55 The King carries out the policy of the nation, a legitimate policy in accordance with the provisions of Islam; the King oversees the implementation of the Islamic Shari′ah, the system of government, the state′s general policies; and the protection and defence of the country.
Mode of Election
The Supreme Judicial Council is a body of eleven members chosen from the leading ulama of the country. The chief of the Supreme Judicial Council is appointed by the king from among the country′s most senior ulama.
(last updated: 09-December-2002)






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