Reasons for the Reversal of Judicial Judgments in Islamic Jurisprudence and the Saudi Legal System

Abstract

The reversal of judicial judgments is considered one of the most significant mechanisms established by Islamic Sharia and modern judicial systems to ensure the soundness of judgments and the achievement of justice. Judicial rulings are not regarded as immune from review whenever a substantial error or a violation of Sharīʿah and legal principles becomes apparent. Islamic jurists devoted considerable attention to explaining the grounds and regulations governing reversal, while the Saudi legal system has also regulated cases of reversal before the Supreme Court and defined the scope of its judicial oversight over court judgments. This section discusses the grounds for reversal in Islamic jurisprudence by examining the reasons related to violations of Sharīʿah evidence, matters related to the judge, and issues concerning methods of proof, together with the opinions of jurists and their evidences. It also addresses the grounds for reversal before the Saudi Supreme Court, clarifying their legal basis, the limits of the Supreme Court’s review over judicial rulings, and the extent to which these grounds are connected to the jurisprudential principles established by Islamic jurists.