Adjudication is as a Source for Personal Status in the Saudi Civil Transactions Law

Abstract

Personal status is an integrated part of financial rights that cannot be imposed on a debtor himself as they belong to their financial liability. From this perspective, various civil laws -including the Saudi civil transactions law- have illustrated the sources of such rights in a way which can only be solely understood. However, the practical reality has presented a significant role for courts in terms of being a source for those rights. This clearly reflects the traditional view of the court ruling as merely a tool for implementing legal codes. Thus, this study sheds light on the judiciary as personal rights source according to analytical and inductive methodology by applicating to a few verdicts. Finally, the study encourages the Saudi legislator to state that verdicts can be a source for personal rights.