Okaz/Saudi Gazette has obtained a new draft law that allows the use of experts to help Shariah courts resolve cases. Under the proposal, which is being studied by experts from different ministries and bodies, the Ministry of Justice would establish a department to prepare a list of experts that do not work for the government; those on the list would provide their expertise when necessary, under specific conditions, sources told Okaz/Saudi Gazette. The department should have engineers, surveyors, translators and other experts, under the supervision of the chief justice, according to sources. The draft states that, “Any court may, when necessary, appoint one or more experts, decide his tasks, the date his report should be ready, the date when the report will be used during the court session and the remuneration for the expert, which should be deposited in his bank account. Furthermore, the court may appoint an expert to provide a verbal statement at court and the statement should be recorded in the court notes.” The law's regulations also specify the responsibilities of the department of experts affiliated with the Ministry of Justice. To be listed, an expert should have good conduct and character, and have a valid license to practice his profession. According to the proposal, “An expert's decision may be challenged for the same reasons a judge's decision is challenged. The court that has appointed the expert should review the application of a verdict challenge and then issue an unobjectionable verdict.” The draft law also stipulates that, “An expert should set a date, not exceeding 10 days after receiving the decision, for an appointment and should notify both sides about the meeting venue and time. The expert should continue performing his duties even if both sides do not show up.” The law concludes: “The expert's opinion does not restrict the court but helps it make a decision.” __
