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The Normalization of Saudi Law


ISBN13: 9780190092757
Published: December 2022
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £74.00



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Saudi Arabia has never commanded more attention and yet it remains one of the world's least understood countries. In The Normalization of Saudi Law, Chibli Mallat dives into the heart of Saudi society, politics, and business by exploring the workings of its courts.

Legal practitioners and scholars will find a comprehensive analysis of the law's operation in the kingdom. The practitioner will access full thematic coverage of all important fields: judicial organization, contracts and torts, crime, family, property, administration, commerce, companies, banking, insolvency, the stock market, the constitution, succession, and human rights, with major statutes and a large number of court decisions distilled in 16 chapters. The scholar is presented with an assessment of a dynamic legal process, a 'normalization' of Saudi law where developing norms are both 'normal' (usual) and 'normative' (carrying moral force). This includes judges reshaping Islamic law by applying it in everyday transactions and disputes as they interpret classical treatises and modern statutes. In whole, The Normalization of Saudi Law paints a compelling picture of a fast-changing country.

The book is a systematic study of Saudi law over nearly a decade, and its analysis draws from Mallat's involvement as a legal expert in landmark decisions around the world and as a law professor in leading universities in the Middle East, Europe, and America. The book reflects his work with Saudi law students and practicing colleagues, from cases in commercial law to those involving government and human rights. The Normalization of Saudi Law will interest both readers following the fast-changing world of comparative law and those intrigued by Saudi Arabia.

Subjects:
Other Jurisdictions , Africa, Islamic Law
Contents:
Map, Charts, Figures
Preface
Acknowledgments
Table of Authorities
Map
Chapter 1. Introduction
PART ONE. NORMS AND SOURCES
Chapter 2. The Epiphany of Saudi Law
Chapter 3. Blackletter Law. A Primer on Courts, Format, Evidence, Sources
PART TWO. NORMS AS COMMON LAW
Chapter 4. Civil Law I Contracts
Chapter 5. Civil Law II Torts
Chapter 6. Criminal Law I Procedure and Hadd
Chapter 7. Criminal Law II: Ta'zir and "Everything Else"
Chapter 8. Family Law: The Saudi Hanbali Exception
PART THREE. NORMALIZATION BY STATUTE
Chapter 9. Real Property
Chapter 10. Diwan Al- Mazalem: A Court for All Seasons
Chapter 11. From Diwan Al- Mazalem to Commercial Courts: A Unified Theory of Remedies
Chapter 12. Companies and Corporate Governance
Chapter 13. Insolvency, Banking, the Stock Market
PART FOUR. THE LIMITS OF NORMALIZATION
Chapter 14. Constitutional Law
Chapter 15. Human Rights
Chapter 16. Epilogue
Bibliography