Summary of "رئيس هيئة الخبراء بمجلس الوزراء محمد العجاجي ضيف برنامج في الصورة مع عبدالله المديفر"

The video features an in-depth interview with His Excellency Mr. Mohammed Al-Ajaji, head of the Experts Authority in the Saudi Council of Ministers, conducted by Abdullah Al-Mudaifer on the program “In the Picture.” The discussion covers the legislative system in Saudi Arabia, the role and history of the Experts Authority, judicial reforms, and legal principles governing the Kingdom’s laws.

Key Points:

Legislative Development in Saudi Arabia:
- The legislative movement in the Kingdom has gone through three pivotal stages:
  1. Early regulations under King Abdulaziz.
  2. The issuance of the Basic Law of Governance and related basic laws in 1412 AH during King Fahd’s reign.
  3. The recent announcement by the Crown Prince of four major judicial systems: Civil Transactions Law, Personal Status Law, Evidence Law, and Penal Code.
- The Crown Prince himself began his career in the Bureau of Experts, demonstrating a deep legal understanding and focus on constitutional matters.
Legislative Authority Structure:
- The King holds exclusive authority over basic laws (issued by royal order).
- Regular laws (systems) are issued by royal decrees and involve the Shura Council and the Council of Ministers, which share legislative powers.
- The Experts Authority serves as the advisory and preparatory body for the Council of Ministers, often described as the “kitchen” or “laboratory” where draft laws and regulations are prepared and studied.
Role and History of the Experts Authority:
- Established initially as the Technical Advisors Division, evolving into the Experts Division, and later the Experts Authority.
- Composed mainly of legal experts who provide advisory opinions on legislation.
- The Authority assists in drafting, reviewing, and refining laws before they reach the Council of Ministers or Shura Council.
Constitutional and Legal Hierarchy:
- Saudi Arabia’s constitution is the Quran and Sunnah, explicitly stated in the Basic Law of Governance.
- Below the constitution are the basic systems (governance, Shura Council, Council of Ministers, regions, and Allegiance Commission systems).
- Ordinary systems and subsidiary legislation (regulations) follow in the legal hierarchy.
Judicial Reforms and New Judicial Laws:
- The four new judicial systems represent a major legislative transformation, providing clarity, predictability, and unification of laws governing civil transactions, personal status, evidence, and penal matters.
- These systems limit judicial discretion, reduce inconsistencies in rulings, and shorten litigation periods.
- Personal Status Law is based on Sharia but includes regulatory provisions such as minimum marriage age.
- The Evidence Law notably includes a chapter on digital evidence, a pioneering step in the Arab world.
Legislative Process and Roles:
- Proposals for new laws can originate from the Shura Council, government ministries, or civil society (via ministries).
- Draft laws undergo a multi-stage process: proposal, concept approval by relevant councils (Economic and Development Affairs or Political and Security Affairs), detailed drafting, study by the Experts Authority and Shura Council, and final approval by royal decree.
- Differences between the Council of Ministers and Shura Council on legislation are resolved by the King if not settled.
Types of Royal Instruments:
- Royal Order: Issued solely by the King’s will, includes legislative and executive orders, such as appointments.
- Royal Decree: Issued by the King after study by the Council of Ministers or Shura Council, used for laws, budgets, and regulations.
- Royal Directive: Procedural tools issued for matters not requiring laws.
- Distinctions exist between these instruments based on their issuance process and authority.
Interpretation of Laws:
- The Shura Council holds the exclusive right to interpret laws, but the Council of Ministers can review these interpretations.
- Judicial interpretation is case-specific and not binding on other judges.
- Legislative interpretation clarifies the intent of the lawgiver and is binding.
Legal Culture and Terminology:
- The term “system” is used interchangeably with “law” in Saudi Arabia, rooted in historical practice and settled state terminology.
- The concept of “spirit of the law” is recognized but should not override explicit legal texts.
- Ignorance of the law is not an excuse; knowledge is presumed once laws are published officially.
Notable Legal Figures:
- Dr. Mutalib Al-Nafisa: Regarded as the foremost legal and constitutional authority in Saudi Arabia.
- Dr. Muhammad Al-Jabr: Influential in commercial law and legal education.
- Dr. Issam bin Saeed: Renowned expert in commercial law and judicial legislation.
Challenges and Criticisms:
- Some public criticism exists regarding delays in studying draft regulations and perceived bureaucratic complexity.