ضمانات إدارة قاضي التحقيق في المملكة العربية السعودية وأثرها على استقلاليته في ضوء الشريعة الإسلامية والمواثيق الدولية = Guarantees of Management of the Investigating Judge in the Kingdom of Saudi Arabia and Their Impact on His Independence in the Light of Islamic Law and International Treaties

2018 ◽  
Vol 2 (1) ◽  
pp. 69-82
Author(s):  
ياسر سليم القرشي ◽  
محمد إبراهيم النجاشي
Keyword(s):  
Saudi Arabia ◽  
Islamic Law ◽  
International Treaties ◽  
Kingdom Of Saudi Arabia

scholarly journals Guarantees of Management of the Investigating Judge in the Kingdom of Saudi Arabia and Their Impact on His Independence in the Light of Islamic Law and International Treaties

2018 ◽  
Author(s):  
International Journal of Fiqh and Usul al-Fiqh Studies
Keyword(s):  
Saudi Arabia ◽  
Islamic Law ◽  
International Treaties ◽  
Problem Statement ◽  
Kingdom Of Saudi Arabia ◽  
The Relationship

The judiciary is regarded as the primary protector of the rights and freedoms of individuals from any abuse or tyranny; and its independence protects it form any intervention and influence. Likewise, a number of guarantees are needed to ensure the protection of judiciary among which are guarantees for the management of investigating judge. Therefore, this research aims at revealing the relationship between the management of the investigating judge in the Saudi law, his independence and the security that the independence of his management requires. The problem statement of this research is reflected in the extent to which Saudi law ensures the guarantees that are required for independence of the investigating judge in his way of administration. The importance of the paper lies in the assessment of these guarantees, the extent of their agreement with Islamic law and international treaties, and bridging gaps between them. Considering the nature of the study, the researcher adopts the descriptive, analytical and comparative approaches. The results of the study show the existence of some problems and gaps in the guarantees for independence of the investigating judge related to his management. The researcher recommends some amendments to this law to ensure the guarantee for his independence, which have been proposed in the end of the findings.

Zakat and taxes in the Kingdom of Saudi Arabia

2021 ◽  
Vol 1 (2) ◽  
pp. 50-89
Author(s):  
Walaa Abazaid
Keyword(s):  
Saudi Arabia ◽  
Islamic Law ◽  
National Income ◽  
Kingdom Of Saudi Arabia ◽  
Tax System ◽  
Vision 2030 ◽  
Ministry Of Finance ◽  
The Government

Within the framework of Vision 2030, the Kingdom of Saudi Arabia strives to achieve good national income through an effective tax system. This tax system in the Kingdom of Saudi Arabia encompasses taxes that are inflicted by the government and zakat imposed by Islamic law. The tax and zakat system in the Kingdom of Saudi Arabia is supervised by the General Authority for Zakat and Income and operates under the authority of the Ministry of Finance, but the authorities responsible for looking into tax disputes still confront problems and difficulties during the performance of their work, especially in disputes related to sharia consulting. Since the importance of the tax and zakat fund in the Kingdom of Saudi Arabia is great and the relatively high imports it achieves, the aim of this research is to study the structure of the tax and zakat system and the mechanism of work of the bodies responsible for settling tax and zakat dispute by relying on literary reviews of previous researches and official publications allocated for the General Authority for Tax and Zakat, besides the laws correlated to the tax and zakat system in the Kingdom of Saudi Arabia. The research concluded that there are a set of weaknesses in the mechanism of work of the authorities and committees who are responsible for deciphering tax and zakat disputes, and a set of proposals have been proposed to improve the performance of these committees.

scholarly journals The legal regulation for issuing financing sukuk: Analytical study in the Saudi system: التنظيم القانوني لإصدار صكوك التمويل: دراسة تحليلية في النظام السعودي

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Hoor Abdullah Al-Shikhi
Keyword(s):  
Saudi Arabia ◽  
Financial Market ◽  
Analytical Approach ◽  
Analytical Study ◽  
Islamic Law ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Market System ◽  
Kingdom Of Saudi Arabia ◽  
Legal Texts

This study aimed to clarify the legal aspects of issuing financing sukuk in the Saudi financial market. Because of its important stages, the procedures of which have not been studied in detail and criticized; In the absence of clear legal regulation for it. To address the problem posed therein, this study followed the analytical approach, by analyzing the legal texts related to financing instruments in the Saudi financial market system and its implementing regulations. To demonstrate the appropriateness of these general procedures, usually related to all securities, to be applied to financing sukuk. This study reached conclusions, the most important of which is that the Saudi regulator did not stipulate any condition that must be met in the financing sukuk project or that the project be within the Kingdom of Saudi Arabia, whether the issuing authority is a Saudi or foreign company. Contracts subject to the provisions of Islamic law. In light of the results of this study, it recommended that the regulatory authorities organize the financing sukuk project and organize the documents and evidence necessary for it related to assets and assets located outside the Kingdom. It also stipulated the necessity of stipulating that the contracts issued in the financing instruments are contracts that are subject to the provisions of Islamic law, especially since the Kingdom adopts the provisions of Islamic law in its dealings.

scholarly journals The Development of Legal Education in the Kingdom of Saudi Arabia

FIAT JUSTISIA ◽  
2018 ◽  
Vol 11 (3) ◽  
pp. 289
Author(s):  
Muamar Hasan Salameh ◽  
Jaida Aboul Fotouh
Keyword(s):  
Saudi Arabia ◽  
Legal System ◽  
Islamic Law ◽  
Legal Education ◽  
The State ◽  
Kingdom Of Saudi Arabia ◽  
Efficient Manner ◽  
Legal Professionals ◽  
Secondary Sources

In the Kingdom of Saudi Arabia (KSA), Islamic Shariah is the foundation of the laws of the state. While the modern Saudi legal system encompasses both written and unwritten laws, Shariah is still considered supreme and hence directs most of the state’s regulations. Nevertheless, currently, those who aim to practice law need to acquire a foundation of all prevailing laws. Due to the supremacy of Shariah, most universities still do not offer comprehensive degree plans, which often poses limitations to the development of legal education in the Kingdom. This study aims to address this conundrum by examining the various degree plans in Saudi universities, scrutinizing whether they offer comprehensive degrees, which should encompass both Shariah laws yet also the newly codified rules. This research draws upon secondary sources, which analyze the progress of the legal education in KSA and its effects on future legal practitioners. Results suggest that the legal curricular should be redesigned to improve the capabilities of prospective legal professionals by integrating the non-codified rules of law with the Islamic law in a more practical, realistic and efficient manner.  Keywords: Legal education, Shariah, Saudi Arabia.

scholarly journals Sharīʿah governance and agency dynamics of Islamic banking operations in the Kingdom of Saudi Arabia

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Abul Hassan ◽  
M. Sadiq Sohail ◽  
Md Mahfuzur Rahaman Munshi
Keyword(s):  
Corporate Governance ◽  
Saudi Arabia ◽  
Agency Theory ◽  
Islamic Law ◽  
The Body ◽  
Islamic Banking ◽  
Gulf Region ◽  
Kingdom Of Saudi Arabia ◽  
Content Type ◽  
Banking Operations

PurposeThis study aims to investigate and point out the variations of agency theory in the context of Sharīʿah governance in Islamic banking operations in the Kingdom of Saudi Arabia (KSA).Design/methodology/approachThe study followed the approach of quantitative Corporate Governance Index (CGI) by computing the Gov-index (Gompers et al., 2003) and the Gov-score (Brown and Caylor, 2004; Saffieddine, 2009) to examine corporate governance (CG) issues using primary as well as secondary data. The primary data was generated from three full-fledged Islamic banks (IBs) and nine traditional banks with Islamic banking wings, all operating in the KSA. The approach was to provide an insight into the agency structure in the context of Islamic banking, which may lead to a trade-off between the conformity of Sharīʿah (Islamic law) rules and processes followed in safeguarding the rights of investors.FindingsThe majority of the Islamic banking services that are surveyed in this study acknowledge the significance of Sharīʿah governance and have implemented the fundamental methods, in conformity with this system. Certain flaws in Sharīʿah governance principles pertaining to audit, control and transparency are reported.Practical implicationsThe research outcomes will be invaluable to IBs aiming to improve existing SG practices. It also has implications for IB managers to design strategies while complying with regulations and to protect the interests of all investors without breaching the ethics of Sharīʿah.Originality/valueThis paper adds original value to the body of knowledge on agency relationship by analysing the dynamics of agency theory in the unique and complex context of Sharīʿah governance of IBs or those offering Islamic products in the KSA. The results can be used as a valuable feedback for improvement of Sharīʿah governance in the banking system in the KSA and the Gulf region at large.

Children’s Custody under Islamic Law: Whose Right Is It?

2018 ◽  
Vol 15 (1) ◽  
pp. 125-132
Author(s):  
Zainah Almihdar
Keyword(s):  
Human Rights ◽  
Saudi Arabia ◽  
Islamic Law ◽  
Family Law ◽  
Kingdom Of Saudi Arabia ◽  
Family Courts ◽  
The Family

Abstract In the absence of a codified Family Law, the Kingdom of Saudi Arabia has traditionally applied the Hanbali school of Islamic Law in its family courts. However, the court’s handling of children’s custody cases has been criticised as being too rigid and narrow in interpreting the principles of Islamic Law. To overcome some of the problems faced in children’s custody cases, the Saudi authorities have recently made a number of Directions and Decisions for the family courts to follow. Through looking at these measures and some relevant court judgements, this Article aims to shed some light on the effect of these changes in emphasising the human rights of children in family law cases.

Pediatrics’ Total Parenteral Nutrition: Initiative and implementation of standardized formulation in Saudi Arabia

2018 ◽  
Vol 4 (3) ◽  
pp. 492-496
Author(s):  
Yousef Ahmed Alomi ◽  
Hussam Saad Almalki ◽  
Aisha Omar Fallatah ◽  
Awatif Faraj Alshammari ◽  
Nesreen Al-Shubbar
Keyword(s):  
Saudi Arabia ◽  
Clinical Outcome ◽  
Parenteral Nutrition ◽  
Drug Related Problems ◽  
Kingdom Of Saudi Arabia ◽  
Parental Nutrition ◽  
Management Project ◽  
Improve Patient ◽  
New System

The national total parental nutrition program with an emphasis on pediatrics started before several ago at Ministry of health hospitals In Kingdom of Saudi Arabia. The program covered several regions and consisted from the foundation of Intravenous Admixture and preparation of pediatric parenteral nutrition to administration and follow up of patients outcomes. In addition to the prior system, the new initiative project with the standardized formulation of pediatric’s parenteral nutrition is the complementary project of the parental nutrition for pediatrics. The project initiated to prevent drug-related problems of parental nutrition, improve patient clinical outcome and reduce the unnecessary economic burden on the healthcare system. It is the new system in the Middle East and Gulf counties in additional to Saudi Arabia. The initiatives are the systemic implementation of standardized pediatrics formulation using management project tools of starting new idea until finding in the ground.

Adult’s Total Parenteral Nutrition: Initiative and Implementation of Standardized Formulation in Saudi Arabia

2018 ◽  
Vol 4 (3) ◽  
pp. 483-487
Author(s):  
Yousef Ahmed Alomi ◽  
Hussam Saad Almalki ◽  
Aisha Omar Fallatah ◽  
Awatif Faraj Alshammari ◽  
Nahedh Rashed Alotaibi
Keyword(s):  
Saudi Arabia ◽  
Parenteral Nutrition ◽  
Pharmacy Practice ◽  
International Standards ◽  
Kingdom Of Saudi Arabia ◽  
Parental Nutrition ◽  
International Regulations ◽  
One Year ◽  
New Formulation ◽  
New System

The general administration of pharmaceutical care started potential pharmacy practice program. The program is part of accreditation professional’s process of national and international regulations. The adult’s parenteral nutrition was one of the critical programs. The most healthcare professionals are not familiar with the new system. The new initiatives system adult’s standardized concentration formulation of total parental nutrition as complementary to the previous one. The new formulation consisted of all parental nutrition requirements based on national and international standards. The new system can be converted as computerized physician orders. The new initiatives may implement as project management model over one year or less than that’s. The new system prevents nutrition-related problems, and medication errors, and improve clinical outcomes of the adults’ population in the Kingdom of Saudi Arabia.

Filipino Guest Workers, Gender Segregation, and the Changing Social/Labor-Scape in the Kingdom of Saudi Arabia

2019 ◽  
Vol 16 (4) ◽  
pp. 503-512
Author(s):  
Simeon S. Magliveras
Keyword(s):  
Saudi Arabia ◽  
Migrant Workers ◽  
Major Part ◽  
Gender Segregation ◽  
Guest Workers ◽  
Kingdom Of Saudi Arabia ◽  
Gcc Countries ◽  
Overseas Filipino Workers ◽  
Dress Codes ◽  
Social Labor

Filipinos are a major part of the workforce in the Kingdom of Saudi Arabia with a population of almost one million. This article investigates the effects of gender segregation on Filipino workers and how they navigate their lives through systems imposed on them. In particular, it examines the Kafala system (administrative sponsoring system) used for recruiting migrant workers for GCC countries. This article suggests that contrary beliefs about gender segregation and dress codes, Filipinas found it empowering. However, this article also concludes that gender segregation and dress codes also lead to isolation and loneliness. In addition, it is concluded that the fate and contentment of the overseas Filipino workers are directly dependent on who sponsors them.

Critical Analysis of Patient and Family Rights in JCI Accreditation and Cbahi Standards for Hospitals

2018 ◽  
Vol 6 (7) ◽  
pp. 324
Author(s):  
Zuber Mujeeb Shaikh
Keyword(s):  
Health Care ◽  
Saudi Arabia ◽  
Critical Analysis ◽  
Secondary Data ◽  
Joint Commission ◽  
Primary Data ◽  
Kingdom Of Saudi Arabia ◽  
Accreditation Standards ◽  
Joint Commission International ◽  
Central Board

Patient and Family Rights (PFR) is a common chapter available in the Joint Commission International (JCI) Accreditation[i] (fifth edition) and Central Board for Accreditation of Healthcare Institutions (CBAHI) Standards for hospitals (second edition)[ii]. JCI Accreditation is a USA based international healthcare accrediting organization, whereas CBAHI is the Kingdom of Saudi Arabia based national health care accrediting organization. However, both these standards are accredited by Ireland based International Society for Quality in Health Care (ISQua), which is the only accrediting organization who “accredit the accreditors' in the world. In Patient and Family Rights (PFR) chapter of JCI Accreditation for hospitals, there are nineteen (19) standards and seventy-seven (77) measurable elements (ME) whereas in CBAHI Accreditation there are thirty one (31) standards, ninety nine (99) sub-standards and fifty (50) evidence(s) of compliance (EC). The scoring mechanism is totally different in both these accrediting organizations. The researcher has identified thirty two (32) common parameters from JCI Accreditation and CBAHI standards, intent statement, measurable elements, sub-standard and evidence of compliance. On the basis of these identified common parameters, the researcher has compared the Patient and Family Rights chapter in JCI Accreditation and CBAHI Standards. Methods: This is a comparison study (normative comparison) in which the researcher has critically analyzed and compared the Patient and Family Rights (PFR) standards of JCI (Joint Commission International) Accreditation of USA (United States of America) and CBAHI (Central Board for Accreditation of Healthcare Institutions) of the Kingdom of Saudi Arabia. Data Collection: Primary data are collected from the JCI Accreditation Standards for hospitals, fifth edition, 2013 and CBAHI Standards for hospitals of Kingdom of Saudi Arabia, second edition, 2011. Secondary data are collected from relevant published journals, articles, research papers, academic literature and web portals. Objectives of the Study: The aim of this study is to analyze critically Patient and Family Rights (PFR) Standards in JCI Accreditation and CBAHI Standards to point out the best in among both these standards. Conclusion: This critical analysis of Patient and Family Rights (PFR) Standards in JCI Accreditation and CBAHI Standards for hospitals clearly show that the PFR Standards in CBAHI Standards are very comprehensive than the JCI Accreditation standards.

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