What is meant by the reason for judicial rulings?

What is meant by the reason for judicial rulings?

Reasoning for judicial rulings is one of the most important guarantees that achieve justice and enhance the transparency of the judiciary, as it clarifies the legal and factual reasons on which the judge relied when issuing the ruling. 

Reasoning also contributes to enabling opponents to understand the ruling and the possibility of objecting to it in accordance with regulatory frameworks.

In the Saudi system, the justification of a ruling is considered an essential element for its validity, as it plays a role in ensuring the integrity of procedures and achieving judicial justice.

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What is the meaning of the reasoning of judicial rulings?

The purpose of reasoning for judicial rulings is to mention the legal and regulatory grounds and rulings that the judge relied on when issuing his ruling in the case he is considering.

The Saudi system obliges judges to issue a ruling, including Article 166 of the Saudi Sharia Litigation System, which states that the court must issue a ruling document that includes a statement of the reasons for the ruling.

Article 163 of the system also stipulates that the ruling on controlling the pleading must be recorded in advance of the reasons on which it was based.

What is the importance of reasoning for judgment?

• Both parties are convinced by the ruling and that the judge understood their case and the evidence they presented and that it was a ruling based on a legal or regulatory ruling.
• The reasoning of a judicial ruling demonstrates the impartiality of the judge and removes from him the suspicion of favoring one opponent over another.
• The judge is encouraged to strive to explain the ruling and to do his best in writing the explanation.
• Enabling opponents to appeal the ruling and what it is based on.
• It enables the competent court to study judges’ rulings and facilitates their work in reviewing and auditing rulings.

What are the elements of reasoning for a judicial ruling?

Judges take several approaches when issuing judicial rulings, depending on the type of case and its degree of ambiguity.

One of the most prominent methods of reasoning for a ruling is the simple method used in intertwined cases, which requires the presence of the following elements in reasoning for a ruling:

• Mention the summary of the case, answer, defenses and requests.
• Mention the influential facts.
• Mentioning the nature of the proof of influential facts, such as their proof by testimony, oaths, and other evidence that proves or denies the occurrence of the incident.
• The judge shall state the time limits he granted to the plaintiff or defendant to prove the validity of the lawsuit and the attendance of both parties at the sessions or the absence of one of them, etc.
• Mention the final ruling, the evidence for it, its interpretation if there is ambiguity, and its applicability to the incident.

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What are the controls for the reasoning of judicial rulings?

What are the controls for the reasoning of judicial rulings?

• The judge must mention the legal or regulatory document in his case, such as mentioning the noble hadith, the article number, or the name of the law.
• The reasoning must be sufficient.
• The reasoning must be sequential, such as presenting factual reasons over legitimacy or presenting reasons over the final ruling.
• The reasoning must be realistic and identical to the reality of the case.
• The reasoning must be balanced, so the judge does not focus on other reasons and neglects others, such as mentioning the reasons for criminalization in the discretionary punishment, and neglects to mention the reasons for reducing or tightening it.
• Formulate the reasoning clearly and avoid ambiguity, boring elaboration, or useless repetition.

What actions do not require the justification of judicial rulings?

• Final cases: These cases do not require a reason for the ruling due to the clarity of their reasons, such as limiting the heirs, guardianship over the minor, or documenting a divorce.
• Evidence procedures: The judge must not give reasons for the ruling when taking into account the expert’s opinion or examination unless the judge rejects the expert’s report, in which case he must give reasons for this rejection.
• Actions related to the progress of the case: The judge may approve a request from one of the parties to postpone the session, involve a third party in the case, or close the door to pleading without causing this action.

What are the disadvantages of reasoning judicial rulings?

What are the disadvantages of reasoning judicial rulings?

Judges may make errors when issuing judicial rulings, which affects the validity of the ruling and makes it subject to appeal. The most prominent of these defects are:

• Deficiencies in the reasoning behind the ruling: This occurs when the sufficient reasons on which the ruling was based are not mentioned.
• Conflict between the reasons and the operative part of the ruling, which leads to a lack of clarity in the final ruling.
• Omission to discuss the main evidence or facts affecting the case.
• Error in interpreting or applying the law.
• Failure to interpret the legal and regulatory texts on which the ruling is based.

What are the effects of failure to justify a judicial ruling by the trial court?

If the judge does not justify the ruling, his ruling may be subject to cassation before the Supreme Court if the Court of Appeal upholds the first instance ruling.

Article 193 of the Sharia Procedures Law clarifies that the convict has the right to request the annulment of the ruling if there is an error in the classification of the incident or its incorrect description.

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