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A step in the right direction
Published in The Saudi Gazette on 25 - 08 - 2012


Samar Fatany

The Judiciary system today is suffering due to a lack of qualified judges and legal experts. The plan to establish a Higher Institute for Judicial Studies at Imam Muhammad Islamic University in Riyadh is a step in the right direction. It is among the major initiatives to support the reforms in the Saudi judiciary system. Master and doctoral degree programs will be introduced to create qualified and skilled graduates who can better serve justice. The training that will be provided at the higher institute is expected to produce more uniformity and professionalism to the present judicial system.
Dr Suleiman Abal Khayl, rector of the university stated, “the institute will facilitate the supervision of candidates for the judicial service; the institute will gather the largest number of legal experts so that the trainees and students can get quality training about the Kingdom's legal system and the institute will also conduct workshops, seminars and training sessions for judges, assistant judges and notaries.”
The institute will have a major role in producing legal experts with specialized qualifications to address complex jurisprudence. A judge's knowledge and expertise is the foundation towards fair and just rulings. More competent and efficient judges can expedite the delayed court procedures that are prolonging the misery of many innocent victims. Justice delayed is justice denied.
It was announced that an Advisory council comprised of Representatives of the General Presidency of the Scholarly Research and Ifta, Supreme Judiciary Council, the Supreme Court, the Ministry of Justice, the Court of Grievances and the Prosecution and Investigations Commission will be established to coordinate between the institute and the bodies that are represented in the council. The advisory council has a responsibility to promote a more understanding judiciary that recognizes and accepts all schools of Islamic thought and addresses controversial matters to provide justice..
The institute will also see to it that judicial courts implement the recommended methods. The specialized courts that have been established to avoid conflict over jurisprudence need experts who are more familiar with contemporary legal issues in labor and commercial disputes, as well as civil and criminal cases.
Muslims today can no longer live in the past and remain isolated from the rest of the world. We live in a global village that is very competitive and inter-connected. The Saudi judiciary must be more familiar with international laws and recognize that the existing rigid interpretations of Shariah laws need to be revised to better serve the needs of Saudi society.
The establishment of the Islamic Jurisprudence Complex in Saudi Arabia is yet another promising development. It is vital today to seriously address and agree on the Shariah perspectives on contemporary affairs to create a more cohesive Muslim nation that respects all sects. Muslims must seek a common ground that unites them and avoid matters of divergence .
There are many young Shariah graduates today who are well aware of the need to implement new laws and regulations that can address the needs of all citizens and residents. Lawyers United is a team of young talented law graduates who are keen to use their knowledge and research to call for the enactment of laws and regulations that guarantee the rights of all Saudi citizens.
The team recently debated the negative consequences of multiple marriages. They called for a law that would enforce the Shariah conditions for multiple marriages. They argued that judges should not approve multiple marriages without official documents that prove the financial and social ability of the groom to support more than one wife.
The Shariah graduates asserted that according to Saudi social scientists, Saudi families are suffering due to the negligence of fathers who are reckless and irresponsible. They marry more than one wife without respecting the conditions laid by God to provide equal financial support, care and attention. They demanded legal intervention to stop the disintegration of Saudi families and the negative consequences of multiple marriages which include unhappy children, miserable mothers, juvenile delinquents, drug addicts and unproductive citizens.
The Human Rights Commission is struggling with the lack of public support and the ignorance of the majority of the population of their basic legal rights in Islam. That is why the Commission has not been effective in stopping human rights violations in the Kingdom. The Commission also needs a stronger social campaign to educate the public on the fundamental principles of Islamic law.
On an international scale the recent decision to establish a human rights watchdog to safeguard basic freedom for Muslims has been very well received by Muslims across the globe. It is very heartening to have Muslims take charge of their own affairs instead of having to resort to the West for rescue whenever any Muslim country is faced with political crises or turmoil. What is happening in Syria and the Iraqi and the Libyan experiences are recent examples of such tragedies.
The Arab and Muslim world have suffered a great deal from the hands of dictators who were supported by the international community; dictators who gained their strength from global and regional support and continued to violate the basic human rights of their hapless citizens for many years.
As Muslims we all have a responsibility towards our nation to ensure that human rights are respected and justice is served. Judges and lawyers should be better trained to protect the interests of all including the underprivileged, and defend the rights of the powerless and the abused. And above all judges and legal experts have a duty to efficiently implement the rule of law.
An efficient and strong judiciary is a fundamental requirement for the protection of human rights, and for sustainable economic progress and development. Let us hope that the higher judicial institute at Imam Mohammed University contributes towards the development of a uniform justice system in Saudi Arabia and remove the culturally biased attitudes that are resistant to progressive thinking and a more efficient Saudi judiciary. The graduates of the institute have a critical responsibility to serve the needs of the 21st century Saudi citizen.

— Samar Fatany is a radio broadcaster and writer. She can be reached at [email protected]


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