Judge's Fault in Financial Disputes A Study in Islamic Jurisprudence and Saudi Law

Abstract

This study deals with the issue of the judges' faults on financial disputes, and accordingly does not examine any other types of faults. It aims to identify the possibility of compensation for any financial damage that may occur, and to find out which party is responsible for the compensation according to the jurists' views and the Saudi law. To achieve the aim of this study, the types of judge's faults are outlined, the guarantee resulting from the judges and then determine the party that bears the compensation. The study concluded that most jurists supported the opinion that the judges' financial faults are guaranteed, whenever proven, in all situations. The study also clarified whether such faults are guaranteed by the judge, the party for whom the case was adjudicated, or the Muslim state treasury. The details of this issue in Saudi law were addressed. The study revealed that the guarantor before law was Muslim state treasury.