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The ideal age of judges
Published in The Saudi Gazette on 30 - 10 - 2016


Okaz
WHAT should be the ideal age of a judge? I haven›t come across any study or research to support my view on this matter.
I don't want to carry out any new research on the topic either, like many others who start their articles with the magic clause, "Studies have proved." These words can be followed by any far-fetched statements, as nobody would be able to challenge or disprove those studies, which in most cases are either unpublished or un-sourced. However, such studies are being presented as authentic documents to support any idea or viewpoint.
So I will not resort to this false method to propagate my views. If I had not taken such a stand I would have received much criticism from my readers who would have counted me among those writers who fake research to support their views. I am voicing my opinion here based on what I have seen with my own eyes during visits to various countries around the world. I have not seen a young judge giving verdicts on important judicial matters in the courts of law in any of those countries.
A judge will reach that position only after serving several years as a public prosecutor or playing other judicial roles where they gain enough knowledge and experience, which will enable them to settle disputes between the belligerents and give verdicts in a professional manner.
But the situation in Saudi Arabia is quite different and it remains far apart from the basic principle of justice. We see Shariah College graduates taking up posts of judges three to four years after graduation.
They give verdicts in cases involving murder, defamation and financial disputes despite having no experience at all in dealing with such cases. This is a dangerous trend, which is unfortunately on the increase lately.
What is more worrying is the fact that this trend is growing even in major cities where experienced judges are required to give verdicts in complicated cases. The presence of young judges often prolongs court proceedings, thus delaying justice. It also affects the quality of the judicial process.
I believe that a judge should have started his career in the Bureau of Investigation and Public Prosecution and stayed there until the age of 40 so that he obtains necessary experience in the field. We should not appoint any individual below the age of 40 in the post of a judge.
Such a decision is essential to enhance the quality of the judicial process in the Kingdom and to protect people's rights. By the age of 40, anyone practicing the legal profession would have gained the necessary knowledge and experience to efficiently discharge his duties as a judge, upholding values of this important profession, which plays a significant role in establishing justice and thus promoting the welfare of the people.


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