SOAS Research Online

Abstract

This thesis is entitled Contract Law and Judicial System in Saudi Arabia. The work is divided into seven chapters. However, as the title suggests, it deals with two interrelated subject matters and therefore can be sub-divided into two parts. The first chapter is introductory to both topics and deals with general principles of law as derived from sacred law, the development of law and the meaning of contract (akd). The second chapter explains the present Saudi judicial system and analyses its structure and different procedures with reference to historical background. Chapter three deals with the judiciary (al-qada) and the role of the judge (qadi) in Islam, again with historical reference in order to explain their modern role. Chapter four deals with Islamic law in general and more specifically, Saudi Arabian (public) law. Chapters five and six deal with contract. Chapter six deals with the principles of freedom of contract in relation to conditions imposed whereas chapter five deals with the theory of contract with regard to the differing schools of thought emphasising the Hanafi and Hanbali Schools. Contract of sale and marriage are also emphasised. Chapter seven concludes with a criticism of the system and avenues of reform which the Saudi legal system is persuing in response to changing economic circumstances.