Date of Award
8-2015
Document Type
Dissertation
Degree Name
Doctor of Juridical Science (SJD)
Abstract
Saudi Law is based on the broad guidelines of Sharia. This means that religion forms the basis of all Saudi law. Thus, because of the absence of a statutory law in Saudi Torts Law, Sharia’ principles take the place of the statutes. Consequently, when deciding tort cases judges need to consider these principles by interpreting them, and then apply them to each case individually. Furthermore, due to economic improvement and industrialization in Saudi Arabia, the nature and type of legal issues have changed. Therefore, complex cases have emerged for which it is very important to produce a reform resolving new issues. Moreover, Saudi Arabia is still a tribal society in many ways.
Although these issues are critical problems for the Saudi torts system, there is a conspicuous lack of academic research addressing the topic. This dissertation will propose a comprehensive plan for tort reform. In this dissertation a classification of Sharia principles that are relevant to torts system will be proposed in such a way as to make them easily accessible to judges in Saudi courts, and widely applicable to modern cases. The overall goal of this effort would be to produce a tort system equivalent of the Restatement of Torts. As well as, the dissertation will examine Saudi legal experts’ reaction regarding the proposed restatement as a tort reform.
Recommended Citation
Talbi, Othman, "Tort Reform in Saudi Arabia: Obstacles and Solutions" (2015). Maurer Theses and Dissertations. 20.
https://www.repository.law.indiana.edu/etd/20