raise be to Allah, Lord of the worlds, we thank, seek and repent to him as well as we ask his forgiveness and protection from the evil and bad acts done by ourselves.

 “Whoever guided by Allah, shall not be misguided. And who misguided others nobody shall guide him”; and

Prayers and Peace be upon our master Muhammad the slave and messenger of Allah who was the final message and who through his religion all doctrines were completed as well as upon him the Holy Quran was revealed so as it shall be a full statement, guidance and enlightenment to whoever is endeavoring the welfare of this life and happiness of the hereafter.

Also, whoever followed his path and steps as well as guided by his principles and fundamentals (in addition to his companions and their followers’ good deeds until the judgment day) shall not be misled.

THEN:The Islamic (Shari’ah) legal law is vouching for satisfaction of the people’s interests everywhere and anywhere as such Shari’ah is the conclusion of all doctrines. This Islamic (Shari’ah) source is the theological inspiration. Also, the Islamic Jurisprudence with its flexibility and vitality is qualified to encounter any problem and to solve any implication regardless of incidents continuity or problems complex. Moreover, despite, the development of industries and know how as well as diversity of the life/living means and the concept ways, Muslims could find in the Holy Quran as well as in the Prophet’s sayings and doings (Sunnah) solutions for all events dispensing with resorting to other laws framed by the human being that are remote from their religion, culture and civilization basics.

Therefore, Islam is a general religion for all mankind . Also, Islam is not a religion for a particular generation or sect or people as its eminent principles are distinguished to be suitable to any environment or era. Such principles are also considered the last stage of the social development and its highest level. Moreover, Islam (as being the religion of all mankind) is incorporating in its elements, instructions and principles of all fundamentals that lead to be ranked in such eminent level.

Furthermore, Islam is not (like other religions) only organizing the relations between the human being and Allah, but also is extending its command upon anything in this world. In this context, Islam is dealing with the relation between the human being and God, clarifying how to worship Allah in addition to the life affairs by taking the role of its social reformer through organizing the family and financial affairs and settling the penal laws basics as well as framing the life facilities rules and fundamentals that enlighten its right path.

Also, Islam considers that grievance is the most forbidden acts that endanger the human being. Accordingly, Islam commenced determination of Grievances  for spreading justice among people.

Therefore, the Kingdom of Saudi Arabia (in conformity with the methodology of our Prophet Muhammad (PBUH) and his Caliphs) since its foundation was keen to determine Grievances  in accordance with the eminent Islamic Shari’ah laws and regulations and to fulfill justice, safety and security for the citizens, foreigners, and pilgrims as witnessed by the whole wide world; and

Whereas the history of determining Grievances  in the Kingdom of Saudi Arabia requires accurate references to be provided for Judges, lawyers, scholars and researchers of the proper judicial practices, precedents and researches that highlight the real civilized picture of determining Grievances  in accordance with the Islamic (Shari’ah) Legal Laws and regulations and its applications in the kingdom of Saudi Arabia.

Accordingly, this research was prepared by its author His Eminence Sheikh Mansour Bin Hamad Al Malik, who combined the features of research and reference of such important subject.

Such importance of this subject is very obvious and is enhanced by the author as being one of a long term experienced Judge  who was elected to the bench for almost (30) thirty years during it he was grading in the Grievances  Board until he reached its summit (Deputy Chairman of the Grievances Board). In addition, he exercised all presidential power of this Judicial Authority acting as Deputy President of this eminent authority. Hence and as a result of the foregoing, the in depth experience was revealed (side by side) with his sober-minded knowledge; and

In order to benefit from this precious research by researchers, all concerned officials and students of Non-Arabic Speakers as well as those researchers who are preparing comparative laws studies from various judicial authorities and schools throughout the world and other people who are interested to be familiar with judiciary in accordance with the Islamic legal (Shari’ah) laws and its proper applications in the Kingdom of Saudi Arabia, the Author (May Allah rewarded him) permitted our Law Firm to translate this research into English, French and Spanish languages as his eminence considered the translation is a sophisticated and excellent work that shall convey such benefit (in an understandable language) especially to many people, who are eager to study this subject and to know its details.

Thus, I would like to extend my thanks and appreciation to his Eminence the Saudi Judge  Sheikh Mansour Bin Hamad Al Malik for his noble deed through his permission to our Law Firm to translate this research. In this connection may I hope and ask Allah that this translation work shall interpret the meanings and intention of his text as well as it shall meet the desired benefit.

Also, it is noteworthy to point out that this research covered varieties of subjects starting from determination of Grievances  in the era of the Prophet Muhammad (PBUH) and his Caliphs in addition to clarification of the Grievances  areas and the Grievances  Judge  terms, besides determining Grievances  in the Kingdom of Saudi Arabia and its development until the establishment and formation of the Grievances  Board as an independent judiciary authority. Moreover, this research discussed the jurisdiction of the Grievances  Board and its judicial system. Also, a great portion of this research is allocated to the rules of pleadings and procedures before the Grievances  Board particularly the suit chapter and the suit judgment chapter incorporating the foreign judgments execution order, its terms and contents.

However, as long as new laws were enacted for facilitating the works of Judges  and their assistants as well as lawyers such as the Islamic legal (Shari’ah) Pleadings Law, the Penal Pleadings Law and Advocacy Law, it is predicted by God willing that other laws shall be enacted such as Business Names law, Unlawful competition law and Dumping of goods law.

In addition, while the Islamic legal (Shari’ah) Court is the General Competent Authority in Saudi Judiciary, meantime the Grievances  Board is the specialized judiciary within judicatures assigned to each branch of the administrative, commercial and penal jurisdictions, it is also predicted by God willing to assign judicatures for the Banking Disputes, Promissory Notes, Labor and Workmen,  and Customs to replace the  existing committees and commissions in order to complete the Judicial System in the Kingdom of Saudi Arabia, as well as to present the judicial and legal practices as an ideal example of the judiciary to be applied throughout the world; and

As our true intention from this translation is to convey the high-minded concepts contained in this precious research to Non-Muslims and to Non-Arabic Speakers as well as to transfer to the whole wide world the judiciary concept in accordance with the Islamic legal (Shari’ah) law and its application in the Kingdom of Saudi Arabia as well as the research presentation of the Islamic Religion Justice and its leniency, we requested His Eminence Judge  Mansour Bin Hamad Al Malik on 10/08/1421 (corresponding to 06/11/2000) via my below letter addressed to his Eminence:

 (I am pleased to extend my thanks and appreciation for the special present offered to us, i.e. “the Book of Determining Grievances  in the Kingdom of Saudi Arabia”, as this book is containing the great and precious meanings pertaining to your honorable person and judiciary in our beloved Kingdom.

I also crave leave the translation of this valuable book initially into the English, thereafter into French and Spanish languages as well as the distribution of this translated book in the international legal assemblies free of charge aiming at Allah’s “Be Praised and Exalted” reward.)

The approval of His Eminence for the translation of this book confirmed that our desire to translate this research has concurred with His Eminence’s intention that his role and the same of all concerned of knowledge are to spread such knowledge widely as long as Allah granted us in this secured country a wise care by our Rulers as well as scientific and material capabilities so that our country shall have the honor to present the bright scene of the Islamic religion, its eminent principles and equitable rules. Also, his Eminence reiterated that such work is not for profitability and materiality as he indicated that this book distribution shall be free of Charge.

However, the delay of the translation work was due to review and check of the translation accurately and properly as my efforts combined with the same of my colleagues in our law firm team (specialized lawyers and translators) in completing this work.

This is Islam and its teachings upon which the Kingdom of Saudi Arabia enacted its laws and regulations as well as the equitable judicial practices were applied through the Grievances  Board within its present jurisdictions which it is predicted to be increased in the near future so as to be in line and conformity with the progressive development and update made by the Saudi Government in order to be more consistent and agreeable to the world with no change in the core or contents that are originally based upon justice which is considered the basis of ruling as stated in the holy Quarn in Allah’s (Be Exalted) saying:

 “… and that when you judge  between men, you judge  with justice. Verily, how excellent is the teaching which He (Allah) gives you! Truly, Allah is Ever All-Hearer, All-Seer”.

Surah An-Nisa, Verse:58

In conclusion, so long as the Kingdom of Saudi Arabia has adopted the Holy Quran as a constitution and the Sunnah (the Prophet’s “PBUH” sayings and doings) as a methodology as well as the legal Islamic “Shari’ah” Rules as a cresset and light, justice shall be achieved as ordered by Allah through those Muslims who are in authority (Rulers and Judge s) and having jurisdiction of determining Grievances .

Majed M. Garoub

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E-Mail: majed@lawgaroub.com

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