- What are the basic sources of Islamic law?

The Quran and the Sunnah. And are called the roots of Islamic law.

- what are the other sources of Islamic law?

Schools of jurisprudence. Qiays and ijmaa. They are based on the Quran and the sunna.

:
- what is the main law in Saudi Arabia?
Sharia law and is sovereign above any laws made by the government.

- what is the constitution of Saudi Arabia?

The Quran and the sunnah but also the basic law, the law of the council of ministers, and the
shorua council law

- Why are they considered part of the constitution?

Because they address issues discussed in the constitutions of other legal systems.

- How is islamic law applied?

Islamic law is applied regardless of the transaction or the profession of the contracting parties

- why do we have other laws than Islamic law?

Because there is nothing in Islamic law that prevents us from adopting laws from other countries.
As long as it doesn’t conflict with Islamic law.

- what are examples of independent regulations?

Commercial court law 1931
Commercial papers law
Company law
Arbitration law
Chambers of commerce law
Commercial register law

- nizam or kanun, which term wins? And how was the word kanun originated?
Kanun is not an Arabic word it’s greek and it means straightness and good behavior.
It originated in Othman Empire and many Arabic countries used the term such as Egypt, Jordan,
Syria, and Iraq. Gulf countries used the term as they were influenced by the Egyptians using it in
their legislation.
A famous Egyptian school participated in writing the constitution of many countries.
In Saudi Arabia the term nizam was used instead of kanun. And tashreea was used to describe
manmade law instead of islamic law.

What is the law in Saudi Arabia?

collective rules that regulate the behavior of individuals, and which the kingdom of Saudi Arabia
as a state guarantees its application whether the source of the rule is Sharia, Regulations passed
by the government, or customs.

The law is a body of rules that are recognized and maintained by the state to regulate human
behavior and conduct.

- What are the types of law?

Private law and public law.

- what are the two public laws?

Public international law and Public interior law

- what is public international law?

The conduct of nation states and international organizations among the state or outside it.

- what is public interior law?

It deals with matters of the state. Like, Relations between the public and the government.
Relations between government branches. And for people who are a concern of society.

- what are the laws under public interior law?

Constitutional law. Criminal law and financial law.

- what is constitutional law?

It defines the role, power and the structure of the government. The three branches the legislative
executive and the judiciary as well as the basic rights of citizens.

- what is criminal law?

It’s a law that’s concerned with the punishment of who commits crimes. In civil law it’s the
individuals against each other but in criminal law it’s the state against the criminal.

- what is tax law?

A set of rules the state set to collect taxes from citizens in a legal context.

Islamic civil law covers everything that isn’t commercial in Saudi. Like inheritance and family law.

Commercial law deals with the rights, relations, and conduct of businesses and anyone who’s
involved in.

Maritime law deals with business in the sea. And nautical matters.

Aviation law is flights air travel and businesses related to air.

Labour law covers the relationship between employees and employers.

Litigation law is a proceeding in a civil or commercial case in the court. Some people consider it
under public law and some under private law. The defendant and the plaintiff is called a litigant.
And the attorneys are called litigators. The lawsuit is called a litigation.

Private international law

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Common law : primary source precedent
Civil law primary source :ligilatative and cons

What is civil law?

It’s based on a written code

What are the countries that has a civil law code system?

Italy, france, spain and germany. And countries that were a part of the Roman empires.

What is common law?

É
Disputes are resolves on case by case basis. And making decisions on an earlier similar case.

What are the countries that has a common law system?

England, The US, Canada, Australia, NewZealand, and former British colonies.

What does Stare Decisis mean?

That each court has to follow its own precedent. And decisions of higher courts are binding on the
lower courts of the same jurisdiction.

Can a decision of a higher court be amended? And how?

Yes since Stare decisis isn’t absolute. Where the court can change its mind or the precedent can
change because of the legislation.

What does the common law cover?

Common law codes are not intended to cover all areas of law but only specific issues. Like the
uniform code in the US and parliament’ acts.

How was equity developed?

It started with the common law and courts being unfair to the public. People started petitioning
the king who had judicial powers at the time to govern them. Equity was developed and merged
with common law.

What are the two types of law?

Substantive law which defines the legal rules regarding a specific issue.
And procedural law that enforces substantive law in courts.

What are uniform laws?

They are an example of substantive commercial laws called the uniform commercial code in the
US.

What does the uniform commercial code cover?

It covers 8 subjects including sales, commercial papers and secured transactions.

Is there a system of judicial precedent in Saudi Arabia?

There is not since Saudi judges don’t use Taqlid. But instead use Ijthad which is their own
independent reasoning.

How is Sharia law applied in Saudi Arabia?

It is applied with the accordance of madhab which only allows qiyas when necessary.

How are other muslim countries apply sharia law and how is it different from Saudi?

They determine which parts of sharia to enforce and codify them as well as modernize them. In
Saudi they apply sharia law completely and don’t interfere with it. But the lack of codification
leads to various interpretation of the laws.

What does Sharia govern?

Contracts, property, family, inheritance and some criminal actions.

Does Saudi Arabia have a written constitution?

No Saudi Arabia is an absolute monarchy and doesn’t have a binding written constitution.

What is the basic law in Saudi Arabia?

Basic law was adopted by royal decree in 1992 and it outlines the responsibilities of government
institutions. It’s a primary source of law in Saudi Arabia as well as 5 other primary sources of law.

What are the 5 other primary sources of law?

The council of ministers law
Consultation council law Shoura law
Succession commission law
Law of the judiciary nezam al quad
Law of the provinces

Who issues the constitutional regulations in Saudi Arabia?

They are issued by a virtue of grant by the king

What is the situation of international conventions in Saudi Arabia?

The basic law did not mention that international conventions and treaties have supremacy above
national law. But it’s recognized since it’s signatory in the Viana convention 1969.

How is a treaty applied in Saudi?

Treaties must be applied after the enactment of national law and is considered the new law.

What if a treaty conflicts with islamic law?

It will be considered by the concerned bodies of the treaty.

The legislation in Saudi Arabia?

Normal legislations and they regulate some matters such as companies arbitration commercial
papers and capital markets.

Who has the law making powers in Saudi?

it’s divided between the three branches, executive legislative and the king. So the legislation is
between the shoura council the council of minister and the king

What does the shoura do?

Study laws regulations and treaties and interpret the law.

Any 10 members of the council can propose a draft law or an amendment and submit it to the
chairman who will then submit it to the king.

What does the council of ministers do?

They can issue and amend laws regulations and treaties under a royal decree.

What are custom?

A source of law and is very important in all legal systems because it appeared before regular law.

How did custom appear?

It came with the existence of societies. And is considered the founding stone of laws.

What does custom consist of?

Rules of conduct and then considered to be law after being observed.

Are customs still considered with the same importance?

No it’s considered a secondary source of law since legislation took over. But it’s still very
important in complementing staturtory laws.

Since judicial precedents are considered the law in common law countries what about judicial
precedent in civil law countries?

Civil law countries have the legislation as their primary source and judicial precedents are merely
an explanatory source.

What if in civil law countries there was no custom or rule that governs a specific matter?

The judge would consider looking at principles and case precedents to have a better judgment.
But some countries like Egypt and France do look at higher courts for judgments.

How would lawyers convince the judge using precedent?

Lawyers would refer the precedent of higher courts not as law but to convince the judge.

What If the supreme court or the court of appeal decided while hearing a case to overrule a
principle?

The matter will be referred to the president of the SC and then to the general assembly of the
supreme court for adjudication.

What about Jurisprudence opinions in Saudi Arabia?

Not an important source of law. But judges do consider Jurisprudence opinions while deciding a
case. Jurists influence legislature when passing laws through research and academic writings.

An example of modern jurists?

These modern jurists were influenced by French law and islamic Jurisprudence opinions.
The hanafi school
The Maliki school
The shaft school
The hanabli school
How are law making powers divided in England?

Between there branches. Executive, legislature and the judiciary. So when dealing with a case I
have to know if it’s under EU law or under the legislation or under precedent.

How is the parliament divided?

Into the house of lord and the house of commons

How are members of the house of commons assigned?

They are 650 members who elected by the public to represent their interests and concerns.

What’s the process in the house of commons?

MPs consider and propose new laws, scrutinize the government and ask ministers questions
about the issue.

What’s the process in the house of lords?

Examine bills, question government actions and investigate public policy.

Who has legislative powers in the UK?

The house of lords, house of commons and the monarch.

What’s the process of legislation in the UK?

Bills are proposed, debated upon then voted on by both houses. Then it’s sent to the monarch for
royal assent and it becomes legislation.

What are other sources of law in England?

Judges. And as a less obvious source, customs. They might be incorporated in law by judges of
parliament or international law.

Are laws created by parliament the same?

There are two levels of legislation acts. General and personal or local. General acts apply to
everyone within the legal system. And personal or local apply only on, individuals, institutions or
areas. An example is the law that applies to individual cities.

Are there different legal systems in the UK?

Yes. England and Wales, Scotland and Northern Ireland.

Can a legislation be amended in the UK?

It can only be changed in new legislation. Judges interpret the laws but don’t have the power to
change them.
What if parliament can not decide on an issue because of lack of knowledge?

Parliament will pass an act to the executive in the appropriate area giving him the power to make
legislation. It’s called secondary legislation.

What is the parent act?

The parent act can say something general about the issue. But the details will be left to the
person who has the secondary legislation.

Can secondary legislatures change the law they made?

Yes.

Common law in the UK?

Not all laws are made by legislation. Several legal rules are made under a judge’s decision on a
case.

What are the areas of law that has common law origins?

Constitutional law, criminal law, contract law and torts and many important areas.

Do old common laws still survive?

Some of them do but a lot have been amended or abolished by statues. Common law is still being
made today.

Which is the more important source of law in the UK?

Acts of parliament are more important than common law.

Is interpreting statues a part of common law?

Interpreting statues is excluded from the term common law. However most decisions made by
judges now involve interpretation of statues. So the term case law involves both.

How do judges make decisions in court?

They look to see If there’s any similar cases should apply to this case. Judgments of higher courts
are binding on the lower courts.

What is the highest court in the UK?

The supreme court formally known as the house of lords.

How many judges hear the case in the SC?

5 judges or more

What areas of law does the court of appeal cover?

The court of appeal has the highest jurisdiction over every area of law.

How many judges hear the case in the court of appeal?

3 judges

What are the high court’s division?

1 - family division
2- the chancery division
3 - queen’s bench division

What kind of jurisdiction the chancery division have?

Matters of mortgage, sale of land, matters of probate business.

What kind of jurisdiction the family division have?

Civil partnership, matters relating to children and matrimonial matters.

What kind of jurisdiction the queen’s bench division have?

It has the highest jurisdiction between the three divisions and it deals with judicial review including
bodies of power. Criminal law, torts and contracts.

What are the courts that create precedent in the UK?

SC, court of appeal and the high court. The courts below rarely create precedent. That doesn’t
mean they’re not important. they are very important since they hear more cases.

When a person has a case which courts do they visit first?

Family court, county court and crown court.

What kind of jurisdiction the family court have?

Family matters

What kind of jurisdiction the county court have?

Civil law matters

What kind of jurisdiction the crown court have?

Criminal law

How are cases decided in the crown court?

By a judge and a lay jury of 12 people selected randomly from the public.

What is the lowest court in the UK?

The magistrate’s court

How are decisions made in the magistrate’s court?

They are made by lay people receiving very little education in law and they take advice from
legally qualified clerks.

What kind of jurisdiction the magistrate’s court have?

It deals with criminal cases and civil cases among other things.

What are Tribunals?

Tribunals have a very similar role to courts. Their hearing however are less formal and more
serious.

How are cases decided in tribunals?

A panel consisting of a legally qualified chairperson and two others who have knowledge of the
issue.

Can you appeal in Tribunals?

Tribunals have their own appellate system.
Do Tribunals create precedent?
Rarely. But there are exceptions like the employment appeal tribunal.

what’s the difference between criminal law and civil law?

Criminal law Civil law

Law relating to crimes Any other legal rules

The prosecutor prosecutes the defendant The plaintiff issues the defendant

Case is heard in magistrate’s court or crown court. Case is heard in county court or high court
Depending on the seriousness of the crime. depending on the nature of the case and the loss
involved.

The prosecutor has to prove the the court that the the plaintiff has to prove that the events took place
defendant committed the criminal act in the matter claimed. A lower standard than
criminal cases

The court will have to decide if the defendant is Depending on the kind of case and what the
guilty or not plaintiff has asked for the court will make an order.

In the magistrate’s court the judge makes the

decision. In crown court the jury has to decide and
the judge will be concerned about questions of law.

If the defendant was found not guilty it will lead to

his acquittal

If the defendant was found guilty it will lead to his The court can choose to order the defendant to
conviction and a punishment of imprisonment or compensate the plaintiff. Or to order the defendant
paying a fine or probation. to do or not do something in the future. Or both

The objective is not compensation

Criminal proceedings are initiated by the state

What is the objective behind criminal law?

Punish the wrongdoer fro his actions that are be contrary to the interest of the state and the public

Where was civil law found?

On the law of contracts and torts. Areas of common law.

What is the law of contracts?

It determines which agreements are legally binding and on whom.

What is the law of torts?

It covers categories of civil wrongs. Like negligence trespass and slander

The finding of defendet’s liability doesn’t mean they’ll take actions since the defendant may not
have any money.

What is public law?

Law that governs people of government power.

What kind of regulations cover civil law?

Relations between individuals and also between the state and individuals.
Civil law is statutory and changed the right of common law for example the employment
protection and landlord/tenant legislation.

What is national law?

It refers to internal rules of a country.

What is public international law?

The law that applies to external relationships of a state with another state.

How does international law apply in the UK?

National law in unaffected by international law until it’s made a law by an act of parliament.

What is European Union Law?

International law that’s concerned with the relations of member states. EU law may directly affect
national law. So it’s considered separate from national and international law.

What is private international law?

National law that deals with cases of individuals who find themselves in legal dispute in another
country.

How is international law enforced?

There is no world legislation or public government so the enforcement lies in the hands of states.

How is international law created?

Customs and treaties.

What are international treaties?

Agreements between two or more states and are binding on the state if they have given consent
to the agreement.

What is customary international law?

A practice that the states have to follow on a sense of legal obligation.

How are international disputes resolved?

They are rarely solved by international courts or procedures of an international organization. Why?
Risking losing their case or important interests lie at risk. Disputes are resolved in negotiations.

The lack of powerful enforcement of international law?

It doesn’t mean it’s disregarded but states follow them under their own requirement of security
and normal interstate relations.

Why is international law important?

The promotion of common interests of states. Such as controlling pollution.

Why are the key players in international law?

Global or regional organizations. For example the UNITED NATIONS

What’s the primary function of the united nations?

Maintenance of international peace and security.

International law in the UK?

International law has no direct effect of national law whatsoever and may be inconsistent with the
UK’s international obligations. The government can enter any treaty however it wouldn’t be
applied until an act of parliament is passed.
The lack of direct application doesn’t mean that international law isn’t important in the UK. In fact
courts have recognized international law
Customary international law in the UK?
Customs enjoy no higher supremacy than statues and they might even be amended or abolished
by new statues.

International law in other states?

International law prevails in other states over national law.

What’s the basic framework of EU?

it’s EEC (Europium Economic Community). It defines the rights and obligations of member states
and are enforceable directly in member states’ national courts.

What are the primary sources of EU?

The EEC treaty and what has followed it.

What are the major institutions of EU?

The council of European Union (ministers of each country)
The EU commission (policy and legislation)
The Assembly (European parliament, legislation)
The court of justice, the court of first instance and the court of auditors.

The European Union has varies terms of treaties which has given it powerful legislation
administrative and judiciary.

The legislation of EU can be written by the council and the commission which make it a
secondary legislation.

It comes in three forms:

Regulations, regulations pass into the law of member states automatically and they don’t have to
take an action to enforce it like an act of parliament. Regulations prevail in any conflicts with
national law.

Directives, directives are binding on member states as to the result to be achieved but leave each
state with the choice of how to achieve it. Member states are giving a transactional period to
achieve the result. The commission can take actions against member states who have not
achieved the result in time.

Decisions, decisions are directed to a specific category. Either individuals or institutions and they
are binding only on whom the decision is addressed to

EU law is applied in national courts. If a case was crucial to EU law the court will refer it to the
court of justice for interpretation. Then the case is referred back to the national court

The court of justice only answers questions of EU law not national law or conflicts between the
two.