Document Details

Document Type : Thesis 
Document Title :
The Differences Between The Old And New System Of justice In Saudi Arabia
الفروق بين القديم والجديد في الانظمة العدلية السعودية
 
Subject : The Differences Between The Old And New System Of justice In Saudi Arabia 
Document Language : Arabic 
Abstract : This research observes that the intervention of regulatory authority in the creation of systems or modifying them is very wisely. It is seeking to build in unhurried way, not in a comprehensive demolition then the new construction. It is a construction that aims at maintaining the jurisprudence and organizational wealth and shall treat what was revealed by the glitches. After it determines the application difficulties, which has faced the cancelled systems, it seeks to modify them, targeting to achieve the optimal goals for these systems. The amendments revealed the organizer's intervention to treat the obstacles that faced the platforms during the application. All these amendments are from the Islamic Sharia (laws) as it is the basis of governance system in the country. These amendments didn't go out from it or its public purposes, either in essence or in text. Islamic Sharia (laws) valid for every time and place. The new system realized the importance of the independence of the judiciary, and it is related to the independence of the judge. Thereby it ensures a special protection to the judge from the executive authority and opponents. It retained the texts that supported this independence and canceled texts which decrease it. The new system also canceled the administrative and quasi-judicial committees. It confirmed the idea of specialized courts because of the complexity and multilateralism in knowledge. It addressed the new Board of Grievances system from the obstruction that directed it away from its nature as an administrative judiciary. It took away his competence in dealing with the criminal cases in general. It addressed the flaws revealed by the practical application of the implementation of the verdicts. The organizer also singled an independent system for it. It has also allocated a text for the implementation in matters of personal status. These judgments which deal with the child's custody and the divorce between couples, and so on, which regard to personal status must be executed by force. The organizer did his best in the order of courts for achieving justice which ensure the review of the verdicts ,making adjudication on two degrees as a general principle. Then it makes a supreme court represents the general(normal) judicature summit and a supreme court represents the (administrative) judicature summit.It is a conscientiousness in which the old system copied the adjudication on one degree as a general principle, simplifying the procedures and facilitating methods of litigation by unifying the methods of raising lawsuits and appeals to avoid the elimination of invalidity risk for litigants. It has also developed a lot of texts that ensure prompt settlement of litigation and put controls that ensure its accuracy. It also prevented malicious actions with some new restrictions on Hisbah suits. It also took the jurisprudence of the jurisprudential legitimacy and modern theories regarding nullity and the efforts of the organizer. The jurisprudence that copied the others is the text about the woman's right in marital issues, custody and increase by choosing between establishing her claim in her country or in the country of the defendant. It highlighted the regulator's jurisprudence in the addition that introduced the execution judge's right to conceive the debtor for a period not exceeding five years if he claimed insolvency and an evidence of his hidden money appeared. The organizer also addressed the system of arbitration in details as a mean of resolving disputes ,so he copied some previous procedures 
Supervisor : أحمد محمد عزب 
Thesis Type : Doctorate Thesis 
Publishing Year : 1437 AH
2016 AD 
Number Of Pages : 348 
Added Date : Sunday, July 28, 2019 

Researchers

Researcher Name (Arabic)Researcher Name (English)Researcher TypeDr GradeEmail
إبراهيم منيع النحيانيAlnohiani, Ibrahim munieInvestigatorDoctorate 

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