Islamic law in Saudi Arabia: what foreign attorneys should know

Foreign attorneys operating in Saudi Arabia should be aware of four contrasts between Western and Islamic law. First, Islamic law has a deep religious basis and motivation, while Western law was made by men for men. Second, Islamic law has four sources (Qur'an , sunna , ijma' , and Qiyas) and the Saudi legal system follows the Hanbalî school of Fiqh. The King is able to issue royal decrees and frequently does so to establish commercial and administrative regulations. A discussion of the structure and jurisdiction of the Saudi Arabian judiciary. Third, Saudi law has wide ambit over foreign companies, which should be aware of the process of litigation in shari`a courts, contract and tort law in Islam, and Islamic views on riba and gharar . Finally, hiyal (legal fictions) can accommodate such practices as interest and insurance to get around Islam's prohibitions of riba and gharar . There are also ways to avoid the application of Islamic law altogether using arbitration or contra