Arab News runs this article noting two Saudi judges arguing for codification of the Saudi legal system. In it, the judges point out why codification is necessary and how it is legitimate to do so under Shariah law. They note that resistance to codification is coming from those who don’t understand the judicial system (I’m assuming they’re also including some judges in this group). Codification, they say, protects rights and limits governmental actions.
Need to codify laws stressed
MUHAMMAD HUMAIDAN | ARAB NEWSJEDDAH: Two judges from the General Court in Jeddah, Hamad Al-Arwan and Abdul Ilah Al-Arwan, have stressed the importance of spreading a culture of human rights in legal circles.
The judges made the comments at a seminar — titled Human Rights in the New Legal System — organized by the National Society for Human Rights at the Jeddah Chamber of Commerce and Industry to mark Arab Day of Human Rights on Sunday.
The judges also said there is a need to codify the Kingdom’s laws to make the legal system easier for the public to understand. They further called on critics of the Saudi judiciary to familiarize themselves with the legal system before criticizing.
… “The aim of the codification is to make it easy for the public to know about regulations and understand their legal rights besides giving them an opportunity to learn what the punishment for a violation is and how some violations can be redressed.”
He added that ignorance of court procedures and laws among people involved in court cases leads to delays in getting justice, particularly in cases of family violence.
Speaking about the need for people to know what their legal rights are, Hamad said: “People are not aware that people, cars or private mail cannot be checked without valid and legal justification. No woman can be searched except in the presence of another woman.
“Only authorized officials can carry out such searches. The General Board for Prosecution and Investigation is the only body authorized to interrogate people. If any unauthorized person or official interrogates or searches a person, then the person involved has a right to seek legal action.”
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March:16:2010 - 19:02
I do not believe that this will succeed.
Our culture of impunity and corruption suggests that success is not likely.
Yet, I hope that it does succeed.
March:17:2010 - 02:27
I’m not so sure about this Andrew. There is a real push from judicial intellectuals (both conservative and liberal) for codification. Or so it seemed to me after a conversation I had with a lawyer I’ve met.
March:17:2010 - 09:00
Andrew–nice to read you here.
M–that is encouraging news.
Codification usually provides greater protection for all, including lawyers and judges (legal codification of professional ethics). It would certainly make it easier to prevent the whims of one judge from controlling so many people’s lives.
March:20:2010 - 11:19
Lets pray that a judge won’t add a lashing flavor to any codified law that lacks lashing in the future.