Exploring Predictability in Law in Sharia Courts in Saudi Arabia pdf

EXPLORING PREDICTABILITY IN LAW IN SHARIA COURTS IN SAUDI ARABIA

Modernization, Codification and the Judicial Analysis: Exploring Predictability in Law in Sharī‘a Courts in Saudi Arabia

Haitham H. Osta

A dissertation submitted in partial fulfilment of the requirements for the degree of Doctor of Philosophy – University of Washington 2015

EXPLORING PREDICTABILITY IN LAW IN SHARIA COURTS IN SAUDI ARABIA

University of Washington

Abstract

Modernization, Codification and the Judicial Analysis: 

Exploring Predictability in Law in Sharī‘a Courts in Saudi Arabia

Haitham H. Osta

Chair of the Supervisory Committee:

Dean Gregory Hicks

School of Law

The Kingdom of Saudi Arabia is undergoing a process of rapid, profound social transformation

and economic development. As a result, some Saudis have argued that the legal system of Saudi Arabia should also undergo a profound transformation to meet the requirements of the rapidly

changing society. In particular, some have advocated the idea of “codifying” the version of Islamic law, or Sharī‘a, that is recognized as the law of Saudi Arabia. This argument is justified

in part by the ability of codification to enhance predictability in the legal system that the current traditional analysis of Sharī‘a law within Sharī‘a Courts does not offer, as argued by some Saudi

progressives. While many other Islamic countries have done just that, the idea of codifying Sharī‘a is much more controversial in Saudi Arabia. This dissertation explores the actual status

of predictability within the current judicial analysis of Sharī‘a Courts focusing on the perspective of the Saudi lawyers. The dissertation also explores why the idea of codification is so intensely controversial within Saudi Arabia.