Religious law systems

Religious law in Saudi Arabia Moscow 2025 Osnovina K. ups-22 Министерство науки и образования Российской Федерации Федеральное государственное бюджетное образовательное учреждение высшего образования «Российский экономический университет имени Г. В.Плеханова» Московский промышленно-экономический колледж

Defining the religious legal system in the context of Saudi Arabia In Saudi Arabia, the religious legal system is understood as the complete subordination of the state and society to the norms of Sharia, a complex set of religious, legal and moral precepts based on divine revelation.

Defining the religious legal system in the context of Saudi Arabia Key document: The Basic Nizam (Law) on Power of 1992 explicitly proclaims: "The Constitution of the Kingdom is the Quran and the Sunnah of the Prophet." Characteristic features: Divine source: Law is not created by people, but revealed by Allah. Immutability: The basic principles of Sharia are eternal and are not subject to revision. Comprehensive: Regulates all areas of life, from criminal penalties to financial transactions and personal hygiene.

The type of religious law and its application in the Kingdom Type of law: Islamic law in its Wahhabi interpretation. Country of application: Saudi Arabia How is it applied? Lack of codification: There are no criminal or civil codes in the Western sense. Judges make decisions by directly referring to classical works on Muslim law. Judicial system: Historically consisted of Sharia courts handling all types of cases. In the 2000s, a reform was carried out that created specialized courts, but they are all based on Sharia. The role of the King: The monarch issues nizams that cannot contradict Sharia law.

Principles of religious law in Saudi practice Supreme authority belongs only to Allah. The King is the "guardian of the two holy places" and the supreme executor of Sharia. All actions and phenomena are divided into obligatory, desirable, permissible, undesirable and forbidden. The court's task is to classify the action and render a verdict. In case of a conflict of norms, a solution is chosen that causes less harm. Many modern royal decrees regulating, for example, business are based on this principle. The principle of divine sovereignty The principle of "forbidden and permitted" The principle of "aversion to harm"

Comparison with continental and common law Criterion Saudi Arabia (Religious Law) Continental Law (e.g., Germany) Common Law (e.g., UK) Main source Quran and Sunnah Written law Judicial precedent The role of the judge The Interpreter of Sacred Texts “Mechanic" applying the code article to the case "Creator" of the right through making decisions Сertainty of law Flexible and evaluative High Average Аn example of punishment Kisas and diyat are based on Sharia law Imprisonment under the Criminal Code is based on the law Imprisonment is based on precedents and statutes