What is the point of courts issuing judgments that will not be enforced?

What is the point of courts issuing judgments that will not be enforced?

November 27, 2015
Ayed-Bin-Musaad
Ayed-Bin-Musaad

Ayed bin Musaad

Ayed Bin Musaad

Courts adjudicate disputes, administer justice and ensure that no one is above the law. They protect our rights. When they issue a judgment in a dispute, the judgment becomes final and enforceable. Any attempt to obstruct justice and prevent the enforcement of the judgment will be against the rule of law and is considered to be a refusal to comply with the Kingdom’s laws.

Because the enforcement of laws is important, enforcement circuits were established in general courts. Their task is to enforce all judgments rendered in civil-, business-, or family-related cases and ensure their swift implementation.

However, some government agencies reflect a negative image of themselves when they disrespect the law and the Shariah and refuse to implement judgments issued by the Board of Grievances. These agencies should respect the justice system and the laws of the country as an example for everyone.

Apparently, the status quo will continue without any changes, given the absence of clear-cut enforcement procedures for administrative judgments rendered by administrative courts.

Moreover, these courts do not have judges whose job it is to ensure the enforcement of judgments and do not even give powers to the current judges to take on this responsibility. Why should a government agency worry when it knows that it will not be penalized when it refuses to enforce a judgment? At the end of the day, it knows that no one will hold it responsible for its failure to implement a judgment.

An example of this is the following: The Jeddah Administrative Court issued a judgment against the Ministry of Civil Service in favor of a Saudi citizen. The judgment revoked the ministry’s decision which called for not appointing the citizen to the position for which he had been nominated. The ministry’s officials refused to enforce the judgment, including the concerned minister.


November 27, 2015
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