Saudi Gazette
By Adnan Shabrawi
JEDDAH – Justice Minister Muhammad Al-Issa revealed Tuesday a study into the possibility of allocating offices for women in courts and “channels for appointing women in the judiciary.”
The minister was speaking at a function organized by the National Committee for Lawyers here.
Office jobs in the judiciary can be as managers, supervisors, courtroom clerks, IT technicians and specialists, research librarians, etc.
So far no woman has been appointed as a judge in Saudi Arabia and Saudi scholars have said that women should not be burdened with such a job.
Al-Issa, in an interview with the Arabic daily Asharq Al-Awsat last week, was asked about the chances of a woman becoming a judge in Saudi Arabia, whether this was “possible or impossible.”
The minister replied: “The answer goes beyond possibility or impossibility; we all know that some countries that do not follow Islamic Shariah do not have female judges even today. In many countries there are only a few female judges in comparison to male judges, for well known reasons. It’s not due to any fault in women and does not reduce their importance. Only a short while ago we decided on the possibility of women becoming lawyers, which is an important profession, and takes into account scientific and mental potential, and other skills.”
Elaborating on “well-known reasons,” he said: “I mean the natural condition of women, and the family role that a woman plays that men are unable to fulfil. I am talking about the clear physiological differences between a man and a woman. This is why some countries that are not governed by Shariah law do not have any reservations with regard to their reluctance to allow women to become judges.”
Bahrain is the only Gulf country to allow women to become judges, and the UAE is reportedly considering such a move.
Saudi Arabia is in the early stages of implementing judicial reforms, starting with developing the infrastructure.
Al-Issa said Tuesday that the Ministry would float tenders for the construction of a series of specialist courts in the major cities – including labor, commercial and personal statute courts – in addition to housing complexes.
“The ministry has 2,000 vacant posts which will be filled by highly trained experts in the judiciary,” he said.
Al-Issa also said that the ministry is in the process of issuing a new regulation governing the selection of judges by the Higher Judiciary Council. – Okaz/ SG
Showing posts with label judicial reform. Show all posts
Showing posts with label judicial reform. Show all posts
Wednesday, May 13, 2009
Thursday, April 16, 2009
UAE: Specialised courts for capital
The National
Marten Youssef
ABU DHABI // The capital has launched a major reform of its court system to cope with rising global investment in the emirate.
The Abu Dhabi Judicial Department announced yesterday that it would create special courts specifically dedicated to contract and construction disputes, medical liability and negligence cases, banking and finance issues, insurance claims and compensation demands.
“As investment in Abu Dhabi has doubled over the past year, it is necessary to develop the courts as well,” said a statement from the office of Sheikh Mansour bin Zayed, Chairman of the Abu Dhabi Judicial Department and Minister for Presidential Affairs.
The purpose of these specialised courts, it said, is to have judges, public prosecutors and lawyers become proficient in distinct kinds of cases. The Judicial Department believes this will “create an effective judiciary that is independent, transparent and efficient in solving cases with the same nature”.
The ministerial decree set certain days of operation for these courts. Details can be obtained on the department’s website: www.adjd.gov.ae.
The undersecretary of the Abu Dhabi Judicial Department, Sultan Saeed al Badi, said the changes were meant to gain public confidence in the emirate’s judiciary.
“Justice is the principal pillar in achieving the Government’s strategy and promoting investment and growth in the economy,” Mr al Badi said. “These new courts are the first of a kind in the emirate, and we have already started enacting these courts and expect that more of these specialised courts will be created as needed.”
Abdul Kader al Hathami, a lawyer who has been practising in Abu Dhabi for the past 26 years, applauded the decision to create specialised courts.
“This will give the public greater confidence in the judges’ knowledge of specific cases,” he said.
“Its impact will be seen over the next year.”
In 2008, courts across Abu Dhabi received 59,109 cases and claimed to have dealt with 99.99 per cent of these.
Mr al Hathami said there was a risk, however, that the focus on completing cases could shift the priority from quality to quantity.
“I feel like there is a rush to finish all of the court cases,” he said. “It is as if they are having a race with themselves.
“It looks good when they announce their expedience, but in my opinion this can affect the quality of justice if they just focus on speed.”
Since the creation of the Judicial Department in May 2007, officials have pledged to commit to a programme of modernisation, declaring transparency as one of its pillars.
The department has announced several modernisation efforts since its inception. Night courts were created to further speed the litigation process.
Courts were established throughout the emirate, including Delma Island. Notary public offices were set up in remote areas to serve smaller communities. Millions of cases, past and present, were electronically registered to do away with the handwritten case registration.
A new case management system was set up last month to allow judges and lawyers to electronically access cases with evidence and documents available on computers.
Last year, the department announced that some high-profile positions would, for the first time, be filled by women.
Abu Dhabi appointed Kholoud al Dhaheri as the first female judge and several women were subsequently appointed to the public prosecution office. Specialised public prosecutors were assigned to handle financial crimes. The Judicial Department has also sent and received delegates to and from the US, Canada and Singapore to exchange ideas.
Marten Youssef
ABU DHABI // The capital has launched a major reform of its court system to cope with rising global investment in the emirate.
The Abu Dhabi Judicial Department announced yesterday that it would create special courts specifically dedicated to contract and construction disputes, medical liability and negligence cases, banking and finance issues, insurance claims and compensation demands.
“As investment in Abu Dhabi has doubled over the past year, it is necessary to develop the courts as well,” said a statement from the office of Sheikh Mansour bin Zayed, Chairman of the Abu Dhabi Judicial Department and Minister for Presidential Affairs.
The purpose of these specialised courts, it said, is to have judges, public prosecutors and lawyers become proficient in distinct kinds of cases. The Judicial Department believes this will “create an effective judiciary that is independent, transparent and efficient in solving cases with the same nature”.
The ministerial decree set certain days of operation for these courts. Details can be obtained on the department’s website: www.adjd.gov.ae.
The undersecretary of the Abu Dhabi Judicial Department, Sultan Saeed al Badi, said the changes were meant to gain public confidence in the emirate’s judiciary.
“Justice is the principal pillar in achieving the Government’s strategy and promoting investment and growth in the economy,” Mr al Badi said. “These new courts are the first of a kind in the emirate, and we have already started enacting these courts and expect that more of these specialised courts will be created as needed.”
Abdul Kader al Hathami, a lawyer who has been practising in Abu Dhabi for the past 26 years, applauded the decision to create specialised courts.
“This will give the public greater confidence in the judges’ knowledge of specific cases,” he said.
“Its impact will be seen over the next year.”
In 2008, courts across Abu Dhabi received 59,109 cases and claimed to have dealt with 99.99 per cent of these.
Mr al Hathami said there was a risk, however, that the focus on completing cases could shift the priority from quality to quantity.
“I feel like there is a rush to finish all of the court cases,” he said. “It is as if they are having a race with themselves.
“It looks good when they announce their expedience, but in my opinion this can affect the quality of justice if they just focus on speed.”
Since the creation of the Judicial Department in May 2007, officials have pledged to commit to a programme of modernisation, declaring transparency as one of its pillars.
The department has announced several modernisation efforts since its inception. Night courts were created to further speed the litigation process.
Courts were established throughout the emirate, including Delma Island. Notary public offices were set up in remote areas to serve smaller communities. Millions of cases, past and present, were electronically registered to do away with the handwritten case registration.
A new case management system was set up last month to allow judges and lawyers to electronically access cases with evidence and documents available on computers.
Last year, the department announced that some high-profile positions would, for the first time, be filled by women.
Abu Dhabi appointed Kholoud al Dhaheri as the first female judge and several women were subsequently appointed to the public prosecution office. Specialised public prosecutors were assigned to handle financial crimes. The Judicial Department has also sent and received delegates to and from the US, Canada and Singapore to exchange ideas.
Thursday, February 19, 2009
Saudi Arabia: Tiptoeing towards reform
From The Economist print edition
The king makes some striking changes, but gradualism is still the watchword
REFORM-MINDED Saudis cheered when Abdullah became king four years ago. The avuncular Custodian of the Holy Places, as Saudi monarchs title themselves, had a reputation for probity, tolerance and humility that augured change for the better. Yet few of his tentative reforms have stuck. Initiatives to modernise state schools and courts have stalled in the face of entrenched religious conservatives.
But in a move of rare boldness for the stately kingdom, on February 14th the 86-year-old king decreed sweeping changes in government. His reshuffle affected top posts in education, the courts, the armed forces, the central bank, the health and information ministries, the religious police and the state-appointed religious hierarchy, as well as the royally-appointed, 150-man proto-parliament, the Shura Council.
It was not the scale of the turnover that raised eyebrows; most senior ministers retained their posts. More striking was the injection of reformist blood into the ossified school and court systems. With his background in intelligence, and as a son-in-law of the king, the new minister of education, Prince Faisal bin Abdullah bin Muhammad, may be better equipped to flush out teachers who are failing to comply with curricula that have been revised to emphasise tolerance in Islam.
The departure of Sheikh Saleh Luhaydan as head of the supreme judicial council, along with several other senior judges, suggests a new push to modernise the courts.
Mr Luhaydan was notorious for rulings such as one that said it would be legal to kill the owners of TV channels broadcasting “immorality”. During his tenure judges faced little pressure to adopt new rules meant to make the kingdom’s unique and often harsh forms of sharia justice more open and consistent. Similarly, the sacking of the head of the Commission for the Promotion of Virtue and Prevention of Vice will be seen as a response to a chorus of demands to curb the morality police, whose puritanical agents have often been accused of harassing law-abiding citizens.
Equally significant, the new appointments are markedly diverse. The 21-man board of senior clerics which issues official religious rulings, or fatwas, now for the first time includes representatives of all four schools of Sunni Islam, so breaking the monopoly, exercised solely in Saudi Arabia, of the arch-traditionalist Hanbali school associated with Wahhabism. The body still excludes Shias, a minority numbering about 10% of Saudis that faces widespread discrimination. But King Abdullah has compensated in part by increasing Shia representation in the Shura Council.
A far bigger slice of the population that has been kept to the margins of society, namely women, also got a boost with the appointment of a female deputy minister, the highest-level government post yet to be filled by a woman. Nora al-Fayez, an American-educated schools administrator, is to run the girls’ section of the ministry of education, a division managed until recently by Wahhabist clerics.
Should such personnel changes give an impetus to the deeper reforms that many Saudis long for, King Abdullah will have secured an important legacy. But a quite different reform, decreed by him three years ago, may bear fruit sooner. Addressing concerns that the line of succession to kingship, which traditionally passes between brothers before reaching their sons, would produce a series of brief reigns by dotards, King Abdullah created a 25-man family council to elect future kings.
The council was to meet only after his own brother had succeeded. But the current crown prince, Sultan, is in his 80s and said to be very ill. In all likelihood, it is the council that will choose Abdullah’s successor, in what might prove to be, even if restricted to a handful of senior princes from the Al Saud family, the first quasi-democratic transition of power in Saudi history. It would be a momentous feat. But it will also set nerves jangling.
The king makes some striking changes, but gradualism is still the watchword
REFORM-MINDED Saudis cheered when Abdullah became king four years ago. The avuncular Custodian of the Holy Places, as Saudi monarchs title themselves, had a reputation for probity, tolerance and humility that augured change for the better. Yet few of his tentative reforms have stuck. Initiatives to modernise state schools and courts have stalled in the face of entrenched religious conservatives.
But in a move of rare boldness for the stately kingdom, on February 14th the 86-year-old king decreed sweeping changes in government. His reshuffle affected top posts in education, the courts, the armed forces, the central bank, the health and information ministries, the religious police and the state-appointed religious hierarchy, as well as the royally-appointed, 150-man proto-parliament, the Shura Council.
It was not the scale of the turnover that raised eyebrows; most senior ministers retained their posts. More striking was the injection of reformist blood into the ossified school and court systems. With his background in intelligence, and as a son-in-law of the king, the new minister of education, Prince Faisal bin Abdullah bin Muhammad, may be better equipped to flush out teachers who are failing to comply with curricula that have been revised to emphasise tolerance in Islam.
The departure of Sheikh Saleh Luhaydan as head of the supreme judicial council, along with several other senior judges, suggests a new push to modernise the courts.
Mr Luhaydan was notorious for rulings such as one that said it would be legal to kill the owners of TV channels broadcasting “immorality”. During his tenure judges faced little pressure to adopt new rules meant to make the kingdom’s unique and often harsh forms of sharia justice more open and consistent. Similarly, the sacking of the head of the Commission for the Promotion of Virtue and Prevention of Vice will be seen as a response to a chorus of demands to curb the morality police, whose puritanical agents have often been accused of harassing law-abiding citizens.
Equally significant, the new appointments are markedly diverse. The 21-man board of senior clerics which issues official religious rulings, or fatwas, now for the first time includes representatives of all four schools of Sunni Islam, so breaking the monopoly, exercised solely in Saudi Arabia, of the arch-traditionalist Hanbali school associated with Wahhabism. The body still excludes Shias, a minority numbering about 10% of Saudis that faces widespread discrimination. But King Abdullah has compensated in part by increasing Shia representation in the Shura Council.
A far bigger slice of the population that has been kept to the margins of society, namely women, also got a boost with the appointment of a female deputy minister, the highest-level government post yet to be filled by a woman. Nora al-Fayez, an American-educated schools administrator, is to run the girls’ section of the ministry of education, a division managed until recently by Wahhabist clerics.
Should such personnel changes give an impetus to the deeper reforms that many Saudis long for, King Abdullah will have secured an important legacy. But a quite different reform, decreed by him three years ago, may bear fruit sooner. Addressing concerns that the line of succession to kingship, which traditionally passes between brothers before reaching their sons, would produce a series of brief reigns by dotards, King Abdullah created a 25-man family council to elect future kings.
The council was to meet only after his own brother had succeeded. But the current crown prince, Sultan, is in his 80s and said to be very ill. In all likelihood, it is the council that will choose Abdullah’s successor, in what might prove to be, even if restricted to a handful of senior princes from the Al Saud family, the first quasi-democratic transition of power in Saudi history. It would be a momentous feat. But it will also set nerves jangling.
Monday, February 16, 2009
Saudi king acts on legal reform
By Abeer Allam in Riyadh, Financial Times
Is stealing sheep a more serious crime than beating your wife to death?” asked Khaled al-Sulaiman, a Saudi columnist writing in Arab News, citing two recent judgments.
In one case, a judge handed down a sentence of two years and 200 lashes to a man who had beaten his wife to death. In the other, a judge sentenced a pair of sheep rustlers to three years in prison and 1,000 lashes.
That Mr Sulaiman had to ask the question reflects growing frustration among Saudis at the pace of a $2bn legal reform initiative proposed by King Abdullah two years ago.
That frustration has reached the top. At the weekend, King Abdullah sacked Saleh al-Lohaidan, head of the supreme judicial council, who has opposed reforms and efforts to codify Islamic law, or Sharia. Last September, Mr Lohaidan issued a fatwa condoning the killing of television station owners who produce or air “immoral content”.
But the problems afflicting Saudi Arabia’s legal system run deeper than one individual. Although every legal system produces anomalous rulings, in most countries lawyers say they can study the reasoning or facts used in a judgment. In Saudi Arabia, where judges rule according to their understanding of Islamic texts, there is no such recourse.
Fearing that judges may be misled by human wisdom, rather than adjudicating directly from religious sources, Saudi Arabia rejects the system of precedent used in common law systems and the extensive civil codes used in civil law systems.
Instead, trial proceedings are generally closed to the public and judicial decisions are not published. Judges can even bar attorneys representing parties from the courtroom if they decide the their presence is unhelpful.
“Transparency is one concern because there are fewer written laws,” says James Dallas, chairman of Denton Wilde Sapte, a law firm in Riyadh. “We try to manage expectations about how quickly things will happen and offer realistic timetables but the situation also forces us to be less dependent on legal remedies.”
Whereas other reforms launched in the kingdom over the past five years have borne fruit, changes to the legal system have moved more slowly. A “Doing Business in the World” report by the World Bank suggests that disputes in Saudi Arabia still require on average 44 procedures and 635 days to resolve.
Experts and diplomats suggest that the powerful and conservative judiciary accounts for the slow pace of change. About 700 judges serve 25m people in a country a fifth the size the US, almost all of them from Bukairiyah, a conservative redoubt in Qassim province.
Mr Lohaidan, for example, had once asserted that adopting civil codes would violate sacred customs that have the same legal authority as other written laws.
It is no surprise that most foreign companies in Saudi Arabia specify that dispute resolution occur in foreign jurisdictions, with a clear preference for London. However, enforcing foreign decisions in Saudi Arabia involves numerous legal procedures and raises the likelihood a judge will change portions of the judgment he deems incompatible with Islamic law, particularly interest penalties – or will start a trial all over again.
King Abdullah has established a supreme court that in theory can reverse judgments and thus rein in more junior judges. But lawyers say that in practice the tribunal has yet to establish its prerogatives.
Last month, Abdullah bin Ibrahim Al al-Sheikh, former justice minister, announced a 30-year strategic plan that includes measures to enhance commercial and intellectual property registration and enforcement.
Mr Al al-Sheikh was moved sideways in the weekend reshuffle. His successor is Mohammed Al-Eissa, previously deputy director of a tribunal to settle commercial disputes, who is described as pro-reform.
Other changes are being tested in pilot phases, and practitioners report new stenographers or computers in use in courts. But lawyers say the time between hearings can still vary from one to three months and, since each matter may involve dozens of hearings, trials can drag on indefinitely. “The situation is much better now than a year ago, but the whole process needs to be streamlined,’’ says Amgad Husein, a partner at Denton Wilde Sapte. “The courts are normally fair but there is a huge lag between decisions and it may take two or more years for a final verdict.”
Abdel Aziz al Qassem, a reformist lawyer, had grown disillusioned about prospects for reform, citing opposition in the judiciary. But following the weekend reshuffle, he is a lot more optimistic.
“This is a huge change,” he says. “They have removed the dams of resistance that halted judicial reform. Now I feel they are speeding up the reform finally after long delays.”
If Mr Qassem is right, Mr Sulaiman of Arab News might find an answer to his question sooner than he imagined.
Is stealing sheep a more serious crime than beating your wife to death?” asked Khaled al-Sulaiman, a Saudi columnist writing in Arab News, citing two recent judgments.
In one case, a judge handed down a sentence of two years and 200 lashes to a man who had beaten his wife to death. In the other, a judge sentenced a pair of sheep rustlers to three years in prison and 1,000 lashes.
That Mr Sulaiman had to ask the question reflects growing frustration among Saudis at the pace of a $2bn legal reform initiative proposed by King Abdullah two years ago.
That frustration has reached the top. At the weekend, King Abdullah sacked Saleh al-Lohaidan, head of the supreme judicial council, who has opposed reforms and efforts to codify Islamic law, or Sharia. Last September, Mr Lohaidan issued a fatwa condoning the killing of television station owners who produce or air “immoral content”.
But the problems afflicting Saudi Arabia’s legal system run deeper than one individual. Although every legal system produces anomalous rulings, in most countries lawyers say they can study the reasoning or facts used in a judgment. In Saudi Arabia, where judges rule according to their understanding of Islamic texts, there is no such recourse.
Fearing that judges may be misled by human wisdom, rather than adjudicating directly from religious sources, Saudi Arabia rejects the system of precedent used in common law systems and the extensive civil codes used in civil law systems.
Instead, trial proceedings are generally closed to the public and judicial decisions are not published. Judges can even bar attorneys representing parties from the courtroom if they decide the their presence is unhelpful.
“Transparency is one concern because there are fewer written laws,” says James Dallas, chairman of Denton Wilde Sapte, a law firm in Riyadh. “We try to manage expectations about how quickly things will happen and offer realistic timetables but the situation also forces us to be less dependent on legal remedies.”
Whereas other reforms launched in the kingdom over the past five years have borne fruit, changes to the legal system have moved more slowly. A “Doing Business in the World” report by the World Bank suggests that disputes in Saudi Arabia still require on average 44 procedures and 635 days to resolve.
Experts and diplomats suggest that the powerful and conservative judiciary accounts for the slow pace of change. About 700 judges serve 25m people in a country a fifth the size the US, almost all of them from Bukairiyah, a conservative redoubt in Qassim province.
Mr Lohaidan, for example, had once asserted that adopting civil codes would violate sacred customs that have the same legal authority as other written laws.
It is no surprise that most foreign companies in Saudi Arabia specify that dispute resolution occur in foreign jurisdictions, with a clear preference for London. However, enforcing foreign decisions in Saudi Arabia involves numerous legal procedures and raises the likelihood a judge will change portions of the judgment he deems incompatible with Islamic law, particularly interest penalties – or will start a trial all over again.
King Abdullah has established a supreme court that in theory can reverse judgments and thus rein in more junior judges. But lawyers say that in practice the tribunal has yet to establish its prerogatives.
Last month, Abdullah bin Ibrahim Al al-Sheikh, former justice minister, announced a 30-year strategic plan that includes measures to enhance commercial and intellectual property registration and enforcement.
Mr Al al-Sheikh was moved sideways in the weekend reshuffle. His successor is Mohammed Al-Eissa, previously deputy director of a tribunal to settle commercial disputes, who is described as pro-reform.
Other changes are being tested in pilot phases, and practitioners report new stenographers or computers in use in courts. But lawyers say the time between hearings can still vary from one to three months and, since each matter may involve dozens of hearings, trials can drag on indefinitely. “The situation is much better now than a year ago, but the whole process needs to be streamlined,’’ says Amgad Husein, a partner at Denton Wilde Sapte. “The courts are normally fair but there is a huge lag between decisions and it may take two or more years for a final verdict.”
Abdel Aziz al Qassem, a reformist lawyer, had grown disillusioned about prospects for reform, citing opposition in the judiciary. But following the weekend reshuffle, he is a lot more optimistic.
“This is a huge change,” he says. “They have removed the dams of resistance that halted judicial reform. Now I feel they are speeding up the reform finally after long delays.”
If Mr Qassem is right, Mr Sulaiman of Arab News might find an answer to his question sooner than he imagined.
Wednesday, December 31, 2008
Saudi Arabia: Judicial reforms to start Jan. 1
Saudi judicial reforms will start Jan. 1 and the process to bring about structural and procedural changes will take 20 years, said Minister of Justice Sheikh Abdullah Aal Al-Shiekh. "This is only the beginning of the overhaul plan and there will be more future reform plans," he said.
A budget of nearly SR7 billion has been allocated for the Custodian of the Two Holy Mosques Project for Developing the Judicial System. The project entails developing new court systems, building new courts and training judges.
A new Supreme Court – to replace the existing Higher Judicial Council – will be tasked with execution of Islamic Shariah laws and monitoring compliance, and reviewing death penalties handed down by Appeals Courts.
The King will appoint the head of the Supreme Court. Judges’ salaries, appointments and other administrative matters will come under the purview of the Judicial Council. Also, there will be specialized courts for commercial, labor, and personal status cases.
-- Saudi Gazette
A budget of nearly SR7 billion has been allocated for the Custodian of the Two Holy Mosques Project for Developing the Judicial System. The project entails developing new court systems, building new courts and training judges.
A new Supreme Court – to replace the existing Higher Judicial Council – will be tasked with execution of Islamic Shariah laws and monitoring compliance, and reviewing death penalties handed down by Appeals Courts.
The King will appoint the head of the Supreme Court. Judges’ salaries, appointments and other administrative matters will come under the purview of the Judicial Council. Also, there will be specialized courts for commercial, labor, and personal status cases.
-- Saudi Gazette
Monday, December 15, 2008
Bahrain: Families Backed by Law
MANAMA: A breakthrough draft law aimed at protecting family life and ensuring the rights of husbands and wives was approved yesterday. The move came as Prime Minister Shaikh Khalifa bin Salman Al Khalifa chaired the weekly Cabinet meeting.
The draft law acknowledges family as a cornerstone of society and focuses on the need to ensure harmony in it.
The new law complements current legal provisions organising matrimonial relationships and marital laws.
The Cabinet stressed the importance of gender equality.
The amendments outline rules regulating marriages and divorces, and defines the rights of children.
The new legislation would be inclusive of Sunni and Jaafari doctrines.
The law specifies the rules and regulations governing marriage terms, contracts as well as the rights of husbands and wives. It also defines the different types of marriages, in addition to other key issues, particularly alimony and ways of establishing paternity.
The draft family code specifies different types of divorces and terms governing the dissolution of marriage. It also specifies key Sharia issues, including the period that the wife has to observe after the death of her husband and custody rights.
-- Gulf Daily News
The draft law acknowledges family as a cornerstone of society and focuses on the need to ensure harmony in it.
The new law complements current legal provisions organising matrimonial relationships and marital laws.
The Cabinet stressed the importance of gender equality.
The amendments outline rules regulating marriages and divorces, and defines the rights of children.
The new legislation would be inclusive of Sunni and Jaafari doctrines.
The law specifies the rules and regulations governing marriage terms, contracts as well as the rights of husbands and wives. It also defines the different types of marriages, in addition to other key issues, particularly alimony and ways of establishing paternity.
The draft family code specifies different types of divorces and terms governing the dissolution of marriage. It also specifies key Sharia issues, including the period that the wife has to observe after the death of her husband and custody rights.
-- Gulf Daily News
Sunday, June 29, 2008
Saudi Arabia: Justice Ministry Delegation to Study US Judicial System
A delegation from Saudi Arabia's Ministry of Justice will soon dispatch to the United States to study the US experience with judicial management. Saudi judicial management may adopt technology and training methods if the delegation deems the US system compatible.
The decision to send the delegation was made during a meeting between Dr Abdul Malik bin Ahmad Al Sheikh, the senior adviser to the Saudi Justice Minister, and Erica Barks-Ruggles, US deputy assistant secretary of state for democracy, human rights, and labor, who is currently visiting the Kingdom.
They discussed cooperation prospects through exchange of expertise of pre-litigation procedures, especially concerning training and technology. Al Sheikh told Asharq Al-Awsat: "We may benefit from the US experience in the field of judicial management and we may not."
He explained that the Saudi delegation "will become acquainted with and will learn about the systems there [in the US] in the field of judicial management while also considering the differences between the Saudi and US systems."
The meeting, which took place in the Ministry of Justice in Riyadh, included an overview of the Saudi judicial system and the application of Islamic Shariaa.
The legislative sources from the Quran, Sunnah, and Al-Ijma [scholarly consensus] were also explained. According to Al Sheikh, the US delegation, which met with the chairman of the Shura Council, the Minister of Higher Education and officials from governmental and non-governmental human rights societies and commissions, was briefed on King Abdullah's seven billion riyal ($1.86 million) project to upgrade the judicial system.
Al Sheikh informed Asharq Al-Awsat: "The US State Department delegation was briefed on new judicial arrangements and expressed its admiration for the developmental steps that are being taken, which will have a positive impact on the Saudi judiciary."
Al Sheikh continued: "Saudi Arabia is the metropolis of Islam. It is the site of the two holy mosques and the qibla [direction in which Muslims pray] of the Muslims. Saudi Arabia has the honor of enforcing tolerant Islamic Shariaa that protects and guards public rights and private human rights, and seeks to develop the mechanisms of judicial management in Saudi Arabia while considering the use of modern technology to entrench the application of these mechanisms."
By Turki Al-Saheil, Al Sharq al Awsat
The decision to send the delegation was made during a meeting between Dr Abdul Malik bin Ahmad Al Sheikh, the senior adviser to the Saudi Justice Minister, and Erica Barks-Ruggles, US deputy assistant secretary of state for democracy, human rights, and labor, who is currently visiting the Kingdom.
They discussed cooperation prospects through exchange of expertise of pre-litigation procedures, especially concerning training and technology. Al Sheikh told Asharq Al-Awsat: "We may benefit from the US experience in the field of judicial management and we may not."
He explained that the Saudi delegation "will become acquainted with and will learn about the systems there [in the US] in the field of judicial management while also considering the differences between the Saudi and US systems."
The meeting, which took place in the Ministry of Justice in Riyadh, included an overview of the Saudi judicial system and the application of Islamic Shariaa.
The legislative sources from the Quran, Sunnah, and Al-Ijma [scholarly consensus] were also explained. According to Al Sheikh, the US delegation, which met with the chairman of the Shura Council, the Minister of Higher Education and officials from governmental and non-governmental human rights societies and commissions, was briefed on King Abdullah's seven billion riyal ($1.86 million) project to upgrade the judicial system.
Al Sheikh informed Asharq Al-Awsat: "The US State Department delegation was briefed on new judicial arrangements and expressed its admiration for the developmental steps that are being taken, which will have a positive impact on the Saudi judiciary."
Al Sheikh continued: "Saudi Arabia is the metropolis of Islam. It is the site of the two holy mosques and the qibla [direction in which Muslims pray] of the Muslims. Saudi Arabia has the honor of enforcing tolerant Islamic Shariaa that protects and guards public rights and private human rights, and seeks to develop the mechanisms of judicial management in Saudi Arabia while considering the use of modern technology to entrench the application of these mechanisms."
By Turki Al-Saheil, Al Sharq al Awsat
Wednesday, June 11, 2008
Jordan: Cooperates with US to strengthen rule of law
Minister of Justice Ayman Odeh and US Ambassador David Hale on Tuesday marked the completion of the automation of Jordan’s court system.
The two officials, who were joined by Chief Justice Mohammad Al Rakkad and other judges and ministers, noted the success of Jordanian-American cooperation in the area of judicial reform, according to a statement released by the US embassy yesterday.
“Jordan has made great progress in modernising its entire judicial system to be more responsive, more transparent and more independent,” Hale said at yesterday’s ceremony.
The automation initiative began in 2004 with $19 million in support from the USAID-backed Rule of Law Project.
Over the last four years, the initiative has assisted the Kingdom in automating court procedures and increasing public access to information through automated systems and kiosks.
As a result of the initiative, all courts in the Kingdom are now computerised and key judicial departments have been streamlined to improve their efficiency and transparency, according to the statement.
In addition to automating court procedures, the Rule of Law Project has supported the Kingdom’s efforts to promote the independence of the judiciary.
With the programme’s assistance, Jordan strengthened the capacity of its Inspection and Monitoring Directorates to evaluate judges’ performance, and worked with civil society organisations to enhance their role in advocating and monitoring judicial independence, the statement added.
Ambassador Hale praised the recent achievements made in the Kingdom’s judiciary and predicted further cooperation between the two countries.
“The United States will continue to assist the Jordanian judiciary in their homegrown efforts to achieve an effective, efficient and independent justice system that protects human rights, encourages fair competition and promotes economic growth,” he said.
-- Jordan Times
The two officials, who were joined by Chief Justice Mohammad Al Rakkad and other judges and ministers, noted the success of Jordanian-American cooperation in the area of judicial reform, according to a statement released by the US embassy yesterday.
“Jordan has made great progress in modernising its entire judicial system to be more responsive, more transparent and more independent,” Hale said at yesterday’s ceremony.
The automation initiative began in 2004 with $19 million in support from the USAID-backed Rule of Law Project.
Over the last four years, the initiative has assisted the Kingdom in automating court procedures and increasing public access to information through automated systems and kiosks.
As a result of the initiative, all courts in the Kingdom are now computerised and key judicial departments have been streamlined to improve their efficiency and transparency, according to the statement.
In addition to automating court procedures, the Rule of Law Project has supported the Kingdom’s efforts to promote the independence of the judiciary.
With the programme’s assistance, Jordan strengthened the capacity of its Inspection and Monitoring Directorates to evaluate judges’ performance, and worked with civil society organisations to enhance their role in advocating and monitoring judicial independence, the statement added.
Ambassador Hale praised the recent achievements made in the Kingdom’s judiciary and predicted further cooperation between the two countries.
“The United States will continue to assist the Jordanian judiciary in their homegrown efforts to achieve an effective, efficient and independent justice system that protects human rights, encourages fair competition and promotes economic growth,” he said.
-- Jordan Times
Wednesday, May 21, 2008
Saudi Arabia: Critic Jailed After Decrying Justice System
JIDDAH -- An outspoken critic of the Saudi government who was previously jailed for calling for greater democracy has been arrested, his wife said Tuesday.
Matrouk al-Faleh, a professor of political science at King Saud University in Riyadh, the capital, was detained Monday after he left for work, said his wife, Jamila al-Ukla. Over the past year, Faleh has accused the Interior Ministry of disregarding laws that ban arrests without charge and guarantee the right to counsel.
An Interior Ministry spokesman was unavailable for comment on Faleh's arrest.
Saudi Arabia, an absolute monarchy that restricts press and speech freedoms, does not allow political parties, civil rights groups or demonstrations. But since King Abdullah took the throne in 2005, official tolerance of criticism and debate has grown.
Faleh, 55, a dissident with a long history of political activism, spent 18 months in prison and was released in August 2005 after a royal pardon.
Faleh was one of three activists, along with Ali al-Domaini and Abdullah al-Hamed, who were jailed in 2004 after calling for a constitutional monarchy and an elected parliament. They were banned from traveling outside the kingdom after their release.
Hamed, a lawyer and former academic, and his brother were sentenced in November to several months in prison for encouraging a group of women to demonstrate in front of the offices of central security in the central city of Buraidah to protest the detention of male family members without charge. After a failed appeal, the brothers began their sentences in March.
After visiting Abdullah al-Hamed in prison, Faleh on Sunday posted a three-page criticism of the Saudi justice system on several Web sites, including http://www.menber-alhewarandarts.net.
"Those who wanted to imprison Dr. Abdullah al-Hamed and his brother Eissa wanted to silence them and shut them up from saying the truth about the transgressions of the Interior Ministry and their abuses of human rights," he wrote. "Their ultimate goal is to strike at the peaceful campaign for constitutional reforms and its advocates."
By Faiza Saleh Ambah, Washington Post Foreign Service
Matrouk al-Faleh, a professor of political science at King Saud University in Riyadh, the capital, was detained Monday after he left for work, said his wife, Jamila al-Ukla. Over the past year, Faleh has accused the Interior Ministry of disregarding laws that ban arrests without charge and guarantee the right to counsel.
An Interior Ministry spokesman was unavailable for comment on Faleh's arrest.
Saudi Arabia, an absolute monarchy that restricts press and speech freedoms, does not allow political parties, civil rights groups or demonstrations. But since King Abdullah took the throne in 2005, official tolerance of criticism and debate has grown.
Faleh, 55, a dissident with a long history of political activism, spent 18 months in prison and was released in August 2005 after a royal pardon.
Faleh was one of three activists, along with Ali al-Domaini and Abdullah al-Hamed, who were jailed in 2004 after calling for a constitutional monarchy and an elected parliament. They were banned from traveling outside the kingdom after their release.
Hamed, a lawyer and former academic, and his brother were sentenced in November to several months in prison for encouraging a group of women to demonstrate in front of the offices of central security in the central city of Buraidah to protest the detention of male family members without charge. After a failed appeal, the brothers began their sentences in March.
After visiting Abdullah al-Hamed in prison, Faleh on Sunday posted a three-page criticism of the Saudi justice system on several Web sites, including http://www.menber-alhewarandarts.net.
"Those who wanted to imprison Dr. Abdullah al-Hamed and his brother Eissa wanted to silence them and shut them up from saying the truth about the transgressions of the Interior Ministry and their abuses of human rights," he wrote. "Their ultimate goal is to strike at the peaceful campaign for constitutional reforms and its advocates."
By Faiza Saleh Ambah, Washington Post Foreign Service
Monday, March 31, 2008
Saudi Arabia: Women to work in Saudi courts: Justice minister
Saudi women are to be employed in soon-to-be-established reception centers at courts, Minister of Justice Abdullah Al-Asheikh announced here yesterday.
These women-only reception centers will provide legal assistance before cases are brought before judges.
“We have come up with a mechanism in which women can reach judges without having to mingle with men,” said Al-Asheikh. “These reception centers will deal with women visitors and convey their requests to judges.”
Speaking to reporters on a host of issues after a meeting with members of the Human Rights Commission (HRC), Al-Asheikh said that law graduates in the Kingdom would be accepted by the Ministry of Justice to work as legal experts along with Shariah judges.
Commenting on Custodian of the Two Holy Mosques King Abdullah’s call for stricter punishment for rapists following the pardoning of the “Qatif Girl” last year, Al-Asheikh said the matter was still in court and, therefore, he was unable to comment.
Asked whether Fatima and Mansour’s case — the couple who were forcefully divorced by a court in Al-Jouf in 2005 — would be sent to the Supreme Judicial Council, Al-Asheikh remarked, “The case has already been looked at in court.”
Regarding delays in issuing rulings, the minister said the Kingdom’s courts had become more efficient. He added that issues with the slow administration of justice were not just confined to the Kingdom but exist universally. Replying to a question about shortage of judges in the Kingdom — according to the HRC, there are only 1,300 judges in Saudi Arabia and that each judge issues rulings on around 560 cases per year — Al-Asheikh admitted, “The number of judges has still not reached desired levels.”
The minister also denied there was discrimination in the appointment of judges and that judges from certain regions of the Kingdom were being favored. “That is nothing but newspaper talk,” he said. “The judiciary is open to anyone qualified to apply.”
-- Arab News
These women-only reception centers will provide legal assistance before cases are brought before judges.
“We have come up with a mechanism in which women can reach judges without having to mingle with men,” said Al-Asheikh. “These reception centers will deal with women visitors and convey their requests to judges.”
Speaking to reporters on a host of issues after a meeting with members of the Human Rights Commission (HRC), Al-Asheikh said that law graduates in the Kingdom would be accepted by the Ministry of Justice to work as legal experts along with Shariah judges.
Commenting on Custodian of the Two Holy Mosques King Abdullah’s call for stricter punishment for rapists following the pardoning of the “Qatif Girl” last year, Al-Asheikh said the matter was still in court and, therefore, he was unable to comment.
Asked whether Fatima and Mansour’s case — the couple who were forcefully divorced by a court in Al-Jouf in 2005 — would be sent to the Supreme Judicial Council, Al-Asheikh remarked, “The case has already been looked at in court.”
Regarding delays in issuing rulings, the minister said the Kingdom’s courts had become more efficient. He added that issues with the slow administration of justice were not just confined to the Kingdom but exist universally. Replying to a question about shortage of judges in the Kingdom — according to the HRC, there are only 1,300 judges in Saudi Arabia and that each judge issues rulings on around 560 cases per year — Al-Asheikh admitted, “The number of judges has still not reached desired levels.”
The minister also denied there was discrimination in the appointment of judges and that judges from certain regions of the Kingdom were being favored. “That is nothing but newspaper talk,” he said. “The judiciary is open to anyone qualified to apply.”
-- Arab News
Friday, February 15, 2008
Saudi Arabia: NHRA proposes Allowing Women to Practice Law
RIYADH - The chairman of the government-run National Human Rights Association, Dr. Bandar Al-Hajjar announced that the Association has finished work on a bill allowing women to practice law in the Kingdom's courtrooms.
The bill is now expected to wind its way through the legislative process with various government agencies weighing in on its merits, told Arabic daily newspaper Al-Madina.
In addition to announcing the promulgation of the bill, Al-Hajjar made public statistics pertaining to the Association's work.
According to Al-Hijjar, the Association has registered 490 cases, 431 of which were filed against the judiciary. In 52 cases, claimants complained about ill- treatment on the part of judges hearing their cases.
Al-Hajjar indicated that the Association has intervened in cases where the object of the complaint became bogged down in protracted proceedings. Other cases involved claims for identification or requests for lifting a ban on travel.
Al-Hajjar added that judicial cases reported to the Association represented 6% of the total 12,000 cases.
He said that the Association has reviewed 1,927 administrative cases of arbitrary termination, psychological violence against employees, arbitrary transfer and injuries resulting from environmental pollution.
Al-Hajjar also noted that 63 percent of the cases were filed by Saudis, 5 percent by Egyptians, 3 percent by Yemenis and 29 percent by other nationalities.
The Association was successful in resolving between 75 and 85 percent of cases that were referred to it.
Some 594 cases related to claims of financial entitlements of workers, 374 of which were filed against sponsors.
Al-Hajjar also said that the Association has communicated with more than 1510 local and international agencies concerned with prisoners.
-The Saudi Gazette
The bill is now expected to wind its way through the legislative process with various government agencies weighing in on its merits, told Arabic daily newspaper Al-Madina.
In addition to announcing the promulgation of the bill, Al-Hajjar made public statistics pertaining to the Association's work.
According to Al-Hijjar, the Association has registered 490 cases, 431 of which were filed against the judiciary. In 52 cases, claimants complained about ill- treatment on the part of judges hearing their cases.
Al-Hajjar indicated that the Association has intervened in cases where the object of the complaint became bogged down in protracted proceedings. Other cases involved claims for identification or requests for lifting a ban on travel.
Al-Hajjar added that judicial cases reported to the Association represented 6% of the total 12,000 cases.
He said that the Association has reviewed 1,927 administrative cases of arbitrary termination, psychological violence against employees, arbitrary transfer and injuries resulting from environmental pollution.
Al-Hajjar also noted that 63 percent of the cases were filed by Saudis, 5 percent by Egyptians, 3 percent by Yemenis and 29 percent by other nationalities.
The Association was successful in resolving between 75 and 85 percent of cases that were referred to it.
Some 594 cases related to claims of financial entitlements of workers, 374 of which were filed against sponsors.
Al-Hajjar also said that the Association has communicated with more than 1510 local and international agencies concerned with prisoners.
-The Saudi Gazette
Thursday, February 14, 2008
Saudi Arabia: Don’t waste women’s potential – Erturk
RIYADH - A visiting UN official called Wednesday for greater participation of Saudi women in society so as to avoid "an incredible waste of human resources here."Yanik Erturk, the special United Nations rapporteur of the Human Rights Council on Violence against Women, said at a press conference here that while her 10-day visit to the Kingdom has given her hope about improvement in the condition of Saudi women, more is needed to be done.
"I have met many high-level educated women, and I see an incredible waste of human resources here," said Erturk. "Half of society can't contribute."
Ertuk noted that women's access to education, which has resulted in the significant improvement in the literacy rates for women in a relatively short period of time, was a positive improvement achieved by the Saudi government.
"Women are enjoying free and close to full access to primary, secondary and tertiary education, where the ratio of girls attending school is equal to or higher than that of boys," she said.
However, Erturk said that women still have limited access to higher education in some fields.
Erturk's findings also concluded that in the public sector, with the exception of participation in the health, education and social fields, women still lack access to employment in ministries such as the Ministry of Justice and Interior and they are excluded from decision-making positions.
She noted in particular the absence of women members in the Council of Ministers, Shoura Council, and on the board of the Human Rights Commission.
During the press conference, Erturk addressed the need for judicial reform, the overall participation of women in society, work force and decision-making, violence against women and the conditions of foreign female workers.
"There is urgency for judicial reform," said Erturk. "The judiciary reform which is already in progress is important to bridge the gap between traditions, law and what is being implemented."
The special UN rapporteur also addressed the issue of codification of law and the need for establishing a family law, looking into guardianship, and women's access to the judicial system.
Erturk noted progress in Saudi media coverage of women's issues. "The media is the most important element in supporting women's issues," she said. "I am impressed by the coverage women's issues are getting, and encourage it to go further."
"I congratulate the media for engaging in the issue of violence against women but more has to be dome to increase awareness."
Erturk also expressed her gratitude to the Saudi government for inviting her to the Kingdom and also for all the support they provided her during her visit.
"The Saudi women I met had diverse voices, aspirations and demands," said Erturk. "Among the Saudi women I met there were those who have expressed contentment and satisfaction with their lives, while others have raised concerns of serious levels of discriminatory practices against them."
"I also met foreign women married to Saudi nationals and migrant domestic workers who face additional vulnerabilities."
Erturk spoke about her visits to the safe houses for domestic workers and the Social Protection centers in Jeddah and Dammam.
"I met with many migrant workers in safe houses and hundreds in Riyadh prison, this morning" said Erturk. "I believe that both the sending countries and the host country have obligations to ensure protective measures for the safety of these workers who are uninformed, uneducated and mostly illiterate themselves," said Erturk.
The behavior of the Commission for Promotion of Virtue and the Prevention of Vice grabbed Erturk's attention during her visit to the Kingdom. "These law enforcers are responsible for maintaining morality in public places. Although they are required to act in concert with the police and under certain limitations with respect to arrest and detention of people, they reportedly often act independently; as a result they are said to be responsible for serious human right abuses....," she said.
During her 10-day visit to the Kingdom, Erturk did not meet with the Commission or with Yara, the businesswoman who was arrested by the Commission for having coffee at Starbucks in Riyadh with her male colleague.
By Susan Zawawi from the Saudi Gazette
Thursday, February 7, 2008
Morocco: Renewed debate over justice reforms
The debate over corruption in Morocco has been rekindled following statements from Prime Minister Abbas El Fassi concerning his planned reforms of the country's judicial system.At a press conference on January 29th – the first of its kind for El Fassi – the prime minister told journalists a restructuring of Morocco's judicial system is one of five main areas on which his government is currently focussing.
Justice Minister Abdelwahed Radi told Magharebia that judicial reform is the single largest challenge faced by his organisation. "Today in Morocco we have sound legislation, competent judges and experienced officials, but the system is under-resourced," he said, adding that if his department can manage to overcome shortages in human and financial resources, Moroccan courts will be able to improve their performance and better serve taxpayers.
Another priority, according to Radi, is the overbooking of judges.
In Morocco, there are 3,320 judges working on more than three million cases per year. This, he says, poses a real problem for the quality of the rulings given. "We think that if we can get the human resources we need, we should be able to improve the quality of our judicial system across the board."
To overcome the present shortfall in the justice sector, the ministry would need roughly 2,600 new magistrates.
In the meantime, Radi announced an action plan for reform based on available resources to improve Moroccan courts and judges' working conditions. Under this plan the government will purchase more than 9,000 computers, establish a new IT database and set up a professional training programme for judges.
The justice minister also proposed the creation of four courts of appeal and 16 courts of first instance. "It is in this area that we must take steps to serve Moroccan taxpayers more effectively," he concluded.
According to some legal experts and civil society workers, success in justice reform remains part of the fight against corruption among magistrates.
NGOs in civil society are calling for an anti-corruption law to be created in Morocco to accompany these reforms to ensure that justice will prevail.
Many Moroccan citizens hope for transparency and judicial independence. Azzeddine is a property developer in his forties. He said he feels justice reforms must be the very top priority today: "It’s urgently needed, because it guarantees individual freedom and citizens’ rights," he said.
Maître Mohamed El Nouidi, a lawyer in Casablanca, said justice reform still has a long way to go. He said it is impossible to engage in a reform programme without seriously tackling the problem of corrupt magistrates. El Nouidi stressed that justice reform requires suitable training for judges, the need to execute judgements and the implementation of administrative procedures which are straightforward and transparent for taxpayers.
To meet these goals, El Nouidi said, the support of the political class is needed and members of the Higher Council of Magistrates should be elected and not appointed.
By Hassan Benmehdi for Magharebia in Casablanca
Thursday, January 31, 2008
Saudi Arabia: Editorial - Let Us Codify Shariah Laws
The judicial system has often been criticized at home and abroad for its failure to administer justice, largely due to inadequate legal procedures, red tape and rigid interpretation of Shariah law by some of the appointed judges.
Many legal experts have pointed out that the problem with the current system is both qualitative and quantitative. Courts are overburdened, and there is an acute shortage of judges; therefore, courts may take years to rule on simple cases of divorce or family disputes. Furthermore, bureaucracy and red tape create further delays.
Custodian of the Two Holy Mosques King Abdullah announced a major project to reform the judicial system, and SR7 billion has been allocated to upgrade courts and to train judges in an attempt to reform the entire judiciary. Planned changes include establishing special criminal courts and family courts along with courts for issues related to traffic, the economy, business and sports.
The Ministry of Justice has defined the new jobs that will be available with the start of the specialized courts this year. The ministry will also provide legal training to guarantee more qualified judges and lawyers.
However, Muslim scholars believe that more drastic measures need to be taken to achieve successful reforms.
“To reform the judiciary, we need to reform the Shariah colleges first and upgrade the level of these institutions,” said Dr. Tarek Al-Suwaidan, a prominent Muslim scholar. “There should be a more advanced curriculum, and the teaching standards should be enhanced.”
The reason behind the poor quality of education in these very important institutions is the poor academic standard of their students. The students who enroll in these colleges are the ones who graduate from school with poor or average grades; therefore, they are not usually the brightest. Furthermore, their studies are mostly confined to subjects related to Islamic jurisprudence.
Al-Suwaidan urged the creation of well-rounded Muslim scholars and judges familiar with international law and educated on aspects of modern-day needs and concerns. Students who join Shariah colleges should have a bachelor’s degree in business, law or other specialized fields to make them more knowledgeable and guarantee a higher standard of qualification. Shariah law graduates should be well-versed in current commercial laws and be familiar with cyberspace crime, copyright violations or labor issues.
The inadequacy of current judges and their narrow breadth of knowledge have created many grievances and denied both nationals and expatriates their right to fair trials and legal representation in the Kingdom.
When the Prophet (peace be upon him) spoke more than 1,400 years ago, he tailored his words to the people of that time and addressed the issues of those days in terms understandable to much simpler people in much simpler times. In a world made smaller by transportation and telecommunications networks and a world of great cities and global commerce, it is incumbent upon the keepers of Shariah law to ensure the relevance of its interpretation in the daily lives of the millions of adherents to Islam today.
For judges to ignore such advancements either through ignorance or tunnel vision is to jeopardize the relevance of Shariah law in a modern world — an attitude that draws the derision of the world when a young rape victim, already sentenced to prison and corporal punishment, has her sentence increased because she spoke to a newspaper. What message is sent to the people of this Kingdom and the world, for that matter, when a gang of rapists gets sentences of a few years because of “mitigating” circumstances?
The Qatif rape case received public and international condemnation, and there was strong public pressure demanding her acquittal. However, the Saudi judiciary refused to alter its sentence until Custodian of the Two Holy Mosques King Abdullah finally intervened to save the poor victim from the brutal sentence.
What do we tell our own people or the world, for that matter, about how we value the rights of women when her brothers can order her divorce because they don’t approve of the husband their late father chose? The brothers’ contention was that she had shamed her tribe, but we as a people should be ashamed of a legal system where such a case could be initiated, where a family could be broken up and a mother and her children could be forced to live in a shelter. We should support our leaders in their efforts to reform such a system.
How can we take pride in a system that denies a mother’s petitions to gain custody of a child from her abusive husband that becomes moot after the man beats his child to death?
The National Society for Human Rights recently published a report that strongly criticized the judicial system for failing to serve justice. The report outlined many human rights violations, among them rampant discrimination against women, essentially sanctioning domestic violence, awful conditions in Saudi prisons, and the maltreatment of non-Saudis in the Kingdom. The report also railed against the actions of the Commission for the Promotion of Virtue and Prevention of Vice in its dealings with law-abiding citizens.
“We need to establish civic courts administered by judges who have graduated from law colleges with degrees obtained from abroad,” said Kamel Ahmad Al-Shamsi, a Saudi legal expert. “We need to use the expertise of other, more advanced Arab countries in civic law and sign contracts with cadres who can serve as consultants and judges.”
It is unfortunate that these views are not shared by many of the Saudi judges who insist that students should learn through apprenticeships and with scholars who can trace their learning to Islam’s roots — not from qualified law professors. This is the reason behind the lack of a globally accepted qualification of a Shariah scholar and the absence of globally accepted standards for Shariah rules. Shariah rules continue to be subject to different interpretations from different Muslim scholars who are reluctant to codify Shariah laws, and there is a lack of consensus on many issues that are of major concern to Muslims today.
Some Shariah experts say it may take more than a decade to train more scholars, and even the optimistic ones do not expect a new generation of qualified scholars for at least five years. However, Muslim scholars cannot afford to lag behind and miss the global opportunities for progress and development, they must contribute toward the advancement of their societies. Any misstep could lead our people back to an impoverished past instead of a prosperous future.
The rest of the world will not stop and give us a decade to figure it out. Our indecision and acquiescence on such matters just improve the chances for other nations to better the lives of their people at our expense.
Sheikh Nizam Yaquby, one of the most respected Shariah scholars, recently told reporters that it is essential to train more scholars for Islamic bank supervision to keep up with the global demand. He said: “There are roughly 50 to 60 scholars in the world qualified to advise banks on Islamic law, and as many as ten times more are required to serve in the Middle East alone.” The London-based Chartered Institute of Management Accountants said: “The rapid growth of Islamic banking had fueled a need for Muslim financial experts. However, scholars must be experts in Islamic law and Islamic banking and, at the same time, have a thorough knowledge of conventional laws and banking systems, which requires a high standard of English.”
Reforming the legal system and training more judges will not be easy; however, it should continue to be a government priority. It is essential for our scholars to be globally connected with the needs and concerns of the international Muslim community. The codification of the Shariah law is, therefore, necessary. Moreover, it is essential not only to outline the rights and duties of citizens and expatriates alike but also to define the responsibilities and limits of all religious officials.
No one should be above the law — not judges, not members of the Commission for the Promotion of Virtue and Prevention of Vice, not the wealthy, not religious scholars. Our country will prosper only when our citizens and our guest workers are guaranteed the protection of the law. Future generations will be able to contribute and compete with the rest of the world only if they are assured the implementation of justice for all — and all can only mean everybody.
— Samar Fatany is a Saudi radio journalist. She can be reached at samarfatany@hotmail.com.
Arab News
Many legal experts have pointed out that the problem with the current system is both qualitative and quantitative. Courts are overburdened, and there is an acute shortage of judges; therefore, courts may take years to rule on simple cases of divorce or family disputes. Furthermore, bureaucracy and red tape create further delays.
Custodian of the Two Holy Mosques King Abdullah announced a major project to reform the judicial system, and SR7 billion has been allocated to upgrade courts and to train judges in an attempt to reform the entire judiciary. Planned changes include establishing special criminal courts and family courts along with courts for issues related to traffic, the economy, business and sports.
The Ministry of Justice has defined the new jobs that will be available with the start of the specialized courts this year. The ministry will also provide legal training to guarantee more qualified judges and lawyers.
However, Muslim scholars believe that more drastic measures need to be taken to achieve successful reforms.
“To reform the judiciary, we need to reform the Shariah colleges first and upgrade the level of these institutions,” said Dr. Tarek Al-Suwaidan, a prominent Muslim scholar. “There should be a more advanced curriculum, and the teaching standards should be enhanced.”
The reason behind the poor quality of education in these very important institutions is the poor academic standard of their students. The students who enroll in these colleges are the ones who graduate from school with poor or average grades; therefore, they are not usually the brightest. Furthermore, their studies are mostly confined to subjects related to Islamic jurisprudence.
Al-Suwaidan urged the creation of well-rounded Muslim scholars and judges familiar with international law and educated on aspects of modern-day needs and concerns. Students who join Shariah colleges should have a bachelor’s degree in business, law or other specialized fields to make them more knowledgeable and guarantee a higher standard of qualification. Shariah law graduates should be well-versed in current commercial laws and be familiar with cyberspace crime, copyright violations or labor issues.
The inadequacy of current judges and their narrow breadth of knowledge have created many grievances and denied both nationals and expatriates their right to fair trials and legal representation in the Kingdom.
When the Prophet (peace be upon him) spoke more than 1,400 years ago, he tailored his words to the people of that time and addressed the issues of those days in terms understandable to much simpler people in much simpler times. In a world made smaller by transportation and telecommunications networks and a world of great cities and global commerce, it is incumbent upon the keepers of Shariah law to ensure the relevance of its interpretation in the daily lives of the millions of adherents to Islam today.
For judges to ignore such advancements either through ignorance or tunnel vision is to jeopardize the relevance of Shariah law in a modern world — an attitude that draws the derision of the world when a young rape victim, already sentenced to prison and corporal punishment, has her sentence increased because she spoke to a newspaper. What message is sent to the people of this Kingdom and the world, for that matter, when a gang of rapists gets sentences of a few years because of “mitigating” circumstances?
The Qatif rape case received public and international condemnation, and there was strong public pressure demanding her acquittal. However, the Saudi judiciary refused to alter its sentence until Custodian of the Two Holy Mosques King Abdullah finally intervened to save the poor victim from the brutal sentence.
What do we tell our own people or the world, for that matter, about how we value the rights of women when her brothers can order her divorce because they don’t approve of the husband their late father chose? The brothers’ contention was that she had shamed her tribe, but we as a people should be ashamed of a legal system where such a case could be initiated, where a family could be broken up and a mother and her children could be forced to live in a shelter. We should support our leaders in their efforts to reform such a system.
How can we take pride in a system that denies a mother’s petitions to gain custody of a child from her abusive husband that becomes moot after the man beats his child to death?
The National Society for Human Rights recently published a report that strongly criticized the judicial system for failing to serve justice. The report outlined many human rights violations, among them rampant discrimination against women, essentially sanctioning domestic violence, awful conditions in Saudi prisons, and the maltreatment of non-Saudis in the Kingdom. The report also railed against the actions of the Commission for the Promotion of Virtue and Prevention of Vice in its dealings with law-abiding citizens.
“We need to establish civic courts administered by judges who have graduated from law colleges with degrees obtained from abroad,” said Kamel Ahmad Al-Shamsi, a Saudi legal expert. “We need to use the expertise of other, more advanced Arab countries in civic law and sign contracts with cadres who can serve as consultants and judges.”
It is unfortunate that these views are not shared by many of the Saudi judges who insist that students should learn through apprenticeships and with scholars who can trace their learning to Islam’s roots — not from qualified law professors. This is the reason behind the lack of a globally accepted qualification of a Shariah scholar and the absence of globally accepted standards for Shariah rules. Shariah rules continue to be subject to different interpretations from different Muslim scholars who are reluctant to codify Shariah laws, and there is a lack of consensus on many issues that are of major concern to Muslims today.
Some Shariah experts say it may take more than a decade to train more scholars, and even the optimistic ones do not expect a new generation of qualified scholars for at least five years. However, Muslim scholars cannot afford to lag behind and miss the global opportunities for progress and development, they must contribute toward the advancement of their societies. Any misstep could lead our people back to an impoverished past instead of a prosperous future.
The rest of the world will not stop and give us a decade to figure it out. Our indecision and acquiescence on such matters just improve the chances for other nations to better the lives of their people at our expense.
Sheikh Nizam Yaquby, one of the most respected Shariah scholars, recently told reporters that it is essential to train more scholars for Islamic bank supervision to keep up with the global demand. He said: “There are roughly 50 to 60 scholars in the world qualified to advise banks on Islamic law, and as many as ten times more are required to serve in the Middle East alone.” The London-based Chartered Institute of Management Accountants said: “The rapid growth of Islamic banking had fueled a need for Muslim financial experts. However, scholars must be experts in Islamic law and Islamic banking and, at the same time, have a thorough knowledge of conventional laws and banking systems, which requires a high standard of English.”
Reforming the legal system and training more judges will not be easy; however, it should continue to be a government priority. It is essential for our scholars to be globally connected with the needs and concerns of the international Muslim community. The codification of the Shariah law is, therefore, necessary. Moreover, it is essential not only to outline the rights and duties of citizens and expatriates alike but also to define the responsibilities and limits of all religious officials.
No one should be above the law — not judges, not members of the Commission for the Promotion of Virtue and Prevention of Vice, not the wealthy, not religious scholars. Our country will prosper only when our citizens and our guest workers are guaranteed the protection of the law. Future generations will be able to contribute and compete with the rest of the world only if they are assured the implementation of justice for all — and all can only mean everybody.
— Samar Fatany is a Saudi radio journalist. She can be reached at samarfatany@hotmail.com.
Arab News
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