Saudi Arabia announces legal reforms that pave the way for codified legislation

Mohammed bin Salman, Crown Prince of Saudi Arabia, is attending the 41st Summit of the Gulf Cooperation Council in Al-Ula, Saudi Arabia, on January 5, 2021.

Royal Council of Saudi Arabia Anadolu Agency Getty Images

Saudi Arabia has announced new judicial reforms, putting the kingdom on a path to codified law – a huge step, given that the deeply conservative country does not have a codified legal system to accompany Sharia or Islamic law, which is currently in force.

“The law on personal status, the law on civil transactions, the criminal code for discretionary sanctions and the law on evidence are a new wave of judicial reforms in the kingdom,” said Saudi news agency SPA, Crown Prince Mohammed bin Salman, who said late Monday night .

The reforms, said the Crown Prince, “will help predict judgments, increase the level of integrity and efficiency of judicial institutions and help increase the reliability of procedures and control mechanisms.” The new laws are to be announced in 2021, according to his statement.

The news is the latest in a series of dramatic economic and social reforms launched by the 35-year-old Crown Prince, which aims to modernize the kingdom. It is part of its Vision 2030 agenda, which aims to diversify the economy away from oil and attract foreign talent and investment to the kingdom and comes when Saudi Arabia presents itself as a destination for international business headquarters.

“This is an important step on the path to global best practices that gives companies the confidence to invest,” Tarek Fadlallah, CEO of Nomura Asset Management in the Middle East, told CNBC on Tuesday.

The lack of a codified legal system has often led to inconsistencies in court decisions and lengthy litigation procedures. The announcement made a specific mention of women in Saudi Arabia, who have long had a lower status than men in terms of legal and economic rights and whom the Crown Prince described as being particularly affected by the lack of written laws with on certain issues.

“Discrepancies in court decisions have led to a lack of clarity in the rules governing incidents and practices and harmed many women, mostly women,” SPA Sal was quoted as saying by Bin Salman.

Women’s rights in the kingdom – although improved in some areas such as leadership, employment and freedom of movement in recent years – are still a major target of criticism from human rights groups and foreign governments. Several activists driving vehicles in Saudi Arabia remain in prison and claim to be tortured, allegations denied by the Saudi state.

Ali Shihabi, a Saudi analyst close to the kingdom’s royal court, wrote on Twitter about reforms late Monday, describing the news as “an important step in legal reform and one that recognizes that the Saudi legal system has a way to reach international standards.” and that management appreciates the urgency and importance of such a reform. ”

“Highlighting its impact on women is particularly interesting,” Shihabi added.

The Crown Prince described the current legal system as “painful for many individuals and families, especially women, allowing some to evade their responsibilities. This will not happen again once these laws are enacted in accordance with laws and legislative procedures, “he said. The statement did not elaborate on the specific practices and sanctions that would be changed.

His statement added that future legal reforms “will address the lack of clarity of the rules governing … protracted disputes that are not based on established legal provisions and the absence of a clear legal framework for individuals and businesses”.

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