Law within the Kingdom of Saudi Arabia: Critical Analysis Presentation

Introduction

For a very long time, authorized apply in Saudi Arabia has not been totally operational regardless of the issuance of an act that allowed the apply in 2001 A.D. The suppressed state of regulation then was the prevailing Islamic authorized apply , which didn’t settle for attorneys job.

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Litigation is a vital apply in authorized apply. Any society has set measures that outline how a authorized apply takes place in relation to the important thing gamers, i.e., the courtroom, plaintiff and the defendant. In an organized society, customs, traditions and different adopted practices decide the modus operandi of authorized practices. In essence it outlines the legal professional’s nature of energy and litigation course of in a specified jurisdiction.

The nature of the authorized system in a rustic influences the essential elementary human rights that residents take pleasure in. For instance, in democratic international locations freedom of listening to is of paramount significance.

The freedom of listening to denotes the involvement of attorneys within the litigation course of. However, there are international locations the place skilled apply of attorneys stays to be an phantasm so far. This implies that litigants don’t have any authorized representations from attorneys in such international locations.

Lawyers play an essential position in standing in to fill the hole the place the litigants can’t categorical themselves adequately as a result of complicated nature of regulation or as a consequence of different points that restrict the individual from representing himself or herself.

The intention of attorneys is to not subvert the course of justice; as a substitute, attorneys are professionals who champion for the necessity for his or her purchasers to realize justice in courts of regulation. Due to the importance of the attorneys in promotion of justice, many international locations throughout the globe have enacted legal guidelines that information the apply of regulation.

Literature Review

Research on the Saudi legal guidelines in relation to authorized illustration and roles of attorneys in litigations is a thorny challenge.

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The challenge is thorny as a consequence of lack of research that analyse the significance of the regulation in Saudi Arabia.

The bulk of literature accessible on the difficulty at hand offers with authorized illustration at organisational degree.

There is proof of lack of the imaginative and prescient of the legislator within the enactment of the regulation that encompasses different authorized methods within the Saudi regulation.

This implies that the shortage of references on Saudi regulation resulted in actual issue in acquiring the related info on the place of authorized illustration inside the authorized system of Saudi Arabia.

Thus, the current endeavour is the primary crucial and analytical examine of laws in Saudi Arabia relating to the apply of regulation on the a part of attorneys.

Research on authorized illustration in Saudi Arabian regulation is proscribed. Those that do tackle the matter are reviewed beneath:

  • Disciplinary motion in saudi regulation;
  • The duty of lawyer (Disciplinary, civil and legal) In Shari’ah and the saudi code of authorized apply;
  • The authorized career within the mild of islamic regulation and arab legal guidelines;
  • Access to a lawyer on the inference stage;
  • The code of authorized apply in islamic jurisprudence and its purposes in Saudi Arabia;
  • The code of authorized practices historical past within the methods and the place of islamic regulationLawyer’s rights and duties within the widespread code of authorized apply of gulf cooperation council (Gcc): A examine evaluating with the saudi code of authorized apply;
  • Fair trial in islamic penal system and worldwide conventions;
  • The code of authorized apply in islamic jurisprudence and regulation;
  • The authorized career in islamic jurisprudence and the saudi regulation and its position in reaching justice;
  • Ethics for brokers of litigation and their influence on justice;
  • Provisions of the saudi code of authorized apply.

Problem Statement

  • There are in depth violations of the regulation in any respect levels of legal circumstances.
  • Also, the apply and remedy of the authorized provisions that reveal the character of the authorized utility; nevertheless, the apply level out to the non-binding nature of the authorized provisions.

Research Objectives

  • To discover out the extent of legitimacy {of professional} authorized illustration within the Islamic regulation.
  • To make clear the necessity for authorized illustration in any respect levels of legal circumstances.
  • To perform a crucial evaluation on the articles that prohibit the entry of the accused to a lawyer within the Kingdom of Saudi Arabia.
  • To perform a disclosure of the sensible actuality about authorized illustration in a legal case.
  • To counsel the adoption of a Code of Legal Practice consistent with SharÊ’ah, as it’s in Egyptian and Syrian regulation. The two jurisdictions’ legal guidelines could function mannequin authorized framework for the skilled authorized apply within the Kingdom of Saudi Arabia.
  • To discover the extent of dedication proven by investigating authorities and the courtroom to the provisions of the regulation.
Legal Representation in Islamic Law.

Legal Regulation for Saudi Legal Profession

  • The Rights of Lawyers.
  • Conditions for Legal Practice.
  • Duties of a Lawyer.

The present examine has established that the necessities as supplied beneath different legislations are virtually just like the necessities or circumstances as contained in Saudi Code of Legal Practice. However, Saudi regulation requires a person who needs to hitch the authorized apply to have a qualification in Islamic Law with first-class or its equal. This is the best and most noticeable distinction, which isn’t widespread in different legislations.

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Legal Representation in Saudi Criminal Cases

  • Inference:
    • Presence of a Lawyer:
      • Laws Acknowledging the Presence of the Lawyer.
      • Jurists’ Views of the Lawyer’s Role During Inference.
  1. H1: Adherence to the Prescribed Period of Detention.
  2. H2: Preserving the Dignity of the Accused.
  3. H3: Equitable Conduction of Investigation.
  4. H4: Respecting the Dignity and Privacy of the Accused.
  • Preliminary Investigation:
    • The Procedural Safeguards During Preliminary Investigation:
      • The Lawyer’s Contact with and Visit to the Accused;
      • Access to the Case File and Making its Copies;
      • Inviting the Lawyer to Attend the Investigation Procedures;
      • Lawyer’s Presence throughout the Procedures of Interrogation.

Hypotheses

The judicial system of the Kingdom of Saudi Arabia must be upgraded by reviewing the Code of Legal Practice and the Code of Criminal Procedure in order that correct {and professional} authorized illustration could also be granted to the accused people.

This is feasible by adopting a Code of Legal Practice based mostly on Sharaah and the Code of Criminal Procedure of different Sharaah-based judicial methods equivalent to Egypt and Syria. These could act as fashions for the judiciary within the Kingdom.

Scope and Limitations of the Study

The examine delves on the next:

The jurisprudential evaluation of the authorized career.

Examines the procedural regulation and its effectivity in reference to authorized illustration within the Kingdom of Saudi Arabia; that is studied as compared with the scenario of authorized apply because it exists in Egypt and Syria. Thus, the examine primarily focuses the Code of Legal Practice and the Code of Criminal Procedure on this regard.

However, it should be emphasised that the examine doesn’t focus on all of the procedures that are carried out by attorneys; moderately, it takes up essentially the most vital ones which are elementary to the apply of regulation. Overlooking these procedures could result in grave conditions the place the very spirit of justice is challenged.

Research Methodology

  • The analysis is comparative
  • The sources of knowledge embrace:
    • state legal guidelines of different international locations equivalent to Egypt and Syria;
    • case legal guidelines;
    • Local and worldwide experiences;
    • Islamic regulation textbooks;
    • Law commentaries,
    • Law journals;
    • Law digests;
    • Magazines;
    • Newspapers;
    • Online materials.

Findings

The examine has revealed that Sharaah, Sunnah, and majority of Islamic students on Islamic jurisprudence concur on the permissibility of authorized apply in Islam.

It has additionally been established that people with out the requisite tutorial qualification should not in place to undertake or promote the duty of authorized illustration in a correct and satisfactory method.

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In Saudi Arabia, there isn’t any immunity for attorneys; due to this fact, the regulation doesn’t recognise any options or privateness for them.

Saudi Code of Legal Practice and the Code of Criminal Procedure don’t take up the entry to a lawyer as necessary for the defence of the accused not like the legal guidelines in different international locations like Egypt and Syria. Therefore, in Saudi regulation, all people can plead earlier than the regulation courts.

The examine established that attorneys have crucial position within the litigations; the Presence of the lawyer as impartial occasion, will result in:

  • The assure that the accused should not uncovered to torture or to the dangers of intimidation and the usage of ill-treatment.
  • Achieve some equality between the accused and his opponent (the prosecutor) who’s supported by all of the state businesses.

The absence of a lawyer makes the trial a mock and being secret; its foundation and sources will likely be from the case information and the incriminating proof, which is submitted by the prosecutor.

Also, the absence of a lawyer ends in inequities of the authorized standing between the accused and the general public prosecutor.

Both the investigating and judicial authorities take authorized provisions as regulatory texts. This is true particularly in circumstances the place nullity of procedures doesn’t comply with a violation (on the a part of these authorities). It explains why these texts have misplaced their significance with the consequence that their presence or absence means nothing

Criminal justice within the Kingdom of Saudi Arabia has many gaps. Legal articles, as proven on this examine, should not with out ambiguity and legislative shortcomings. What stands as one of the outstanding options of the system is the truth that it doesn’t include any clear and evident textual content that may be invoked to bolster the dedication to what’s said within the regulation

Conclusion of the findings

From the examine:

  • It is evident that the proof and clues have a major influence on the conviction of the choose relating to the accused being a perpetrator.
  • The proof and clues could also be thought of by some judges as legitimate cause for stopping the accused from accessing a lawyer.
  • This owes to a choose’s perception that the defence offered by a lawyer will solely blur the reality and rid the offender, and due to this fact, the choose doesn’t enable the accused authorized illustration besides in circumstances the place there exists proof of innocence of the accused.

Recommendations

The findings on the position construction of the authorized system in Saudi Arabia factors to proof of gaps that ought to be sealed with the intention to streamline the authorized apply within the Kingdom. As such, the next measures ought to be taken.

Review the provisions and articles of the Code of Criminal Procedure, and the Code of Legal Practice to align them with comparable legislations in Egyptian and Syrian Law; this may improve rule of regulation and be enshrined within the texts and utilized on the bottom.

Completing specialised regulation examine ought to be a requirement for being enrolled into the Saudi’s regulation apply; therefore, there ought to be unique tutorial establishments for the preparation and coaching of attorneys.

Immunities ought to be created to cushion the authorized apply itself to put it aside from changing into a apply for individuals who don’t have another job.

Adequate safeguards ought to be put in place to permit the lawyer to play their roles within the required method by defending them from the arbitrariness of the authorities, and set up the invalidity of any motion taken towards attorneys if it violates the phrases and provisions of the regulation.

The Code of Legal Practice ought to approve of the accused’s proper to entry a lawyer throughout the inference stage because it results in saving human dignity, paving the street to fact, and thereby guaranteeing the administration of justice within the subsequent levels of a legal lawsuit.

The Saudi legislature ought to enable the accused to entry a lawyer; additionally, it should take up the duty of offering authorized help to the accused who doesn’t afford getting a lawyer, i.e., proper to state supplied advocacy.

Saudi’s regulation ought to be designed to offer for inadmissibility of the usage of proof, which is obtained with out the presence of a lawyer.

There ought to be enactment of a Penal Code to implement the precept of no crime and no punishment, however stipulated by a authorized provision which serves as an amazing technique of safety to the accused on one hand, and facilitates the job of the lawyer on the opposite.

The Code of Criminal Procedure ought to include actual assure (for the accused) on gaining access to a lawyer and never stopping the latter from speaking with detainees.

The courtroom or another authority shouldn’t be given the suitable to discredit a lawyer’s presence earlier than a courtroom on behalf of his shopper until the lawyer loses his eligibility to be there in accordance with regulation.

The advisory opinion mustn’t have an effect on the drafting of the regulation or its enforcement. This is for it might act as a contradiction between Fiqh and the fact, the fact is that may reveal the suitability of the advisory opinion for the fact or not. The actuality illustrates {that a} lawyer is important for defending an accused in any respect levels of litigation.

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