Abstract

This study examines the Islamic Legal Sources upon which Saudi administrative judiciary is based. It establishes the foundations of these sources, reveals the extent to which the administrative judiciary relies upon them. The study concludes that the administrative judiciary frequently refers to sources such as: the texts of the Quran and Sunnah, public interest (Masalih Mursalah), presumption of continuity (Istishab), blocking the means to evil (Sadd al-Dhara'i'), custom, Islamic Jurisprudential Maxims, the opinions of jurists, and fundamental principles. It also refers to evidence such as consensus (Ijma'), analogy (Qiyas), and the statements of the Companions. The study also notes the administrative judiciary's reliance on a source of law from previous prophets, but it did not find any instance where the administrative judiciary relied on the source of juristic preference (Istihsan). The study records observations regarding each source examined and recommends that the Saudi legislature explicitly limit the sources of the Quran and Sunnah to those with clear and unambiguous meanings. It also recommends that the administrative judiciary, when publishing judicial rulings, include all the sources upon which the court relied in the "Judgment sources" section.

Keywords

Islamic Legal sources; Saudi administrative judiciary; Board of Grievances.