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

Abstract

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 Shari`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 Shari`a law within Shari`a Courts does not offer, as argued by some Saudi progressives. While many other Islamic countries have done just that, the idea of codifying Shari`a is much more controversial in Saudi Arabia. This dissertation explores the actual status of predictability within the current judicial analysis of Shari`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.