Judicial Interpretation of Saudi Bankruptcy Regulations

The laws and regulations issued by the legislative authorities are subjected to legislative as well as jurisprudential interpretation carried out by jurists, commentators, and explainers. In the context of Saudi Arabia, where there is a predominance of Islamic Law, a question arises as to whether any interpretation can be provided in the event of a conflict between the executive and judicial agencies Specifically, this study aimed at understanding the concept of judicial interpretation of statutory articles and examining those interpretations in the light of the Saudi bankruptcy regulations. The research adopted an inductive approach to the bankruptcy provisions published in the scientific portal of the Ministry of Justice and analyzed the regulations to derive the judges' interpretation of the regulations with the help of examples. The findings revealed that judicial interpretation is not binding except for the parties with respect to the ruling issued once it becomes final. The legislative and executive authorities benefit from judicial interpretation when they amend regulations or create new procedures, and scholars and jurists also organize their explanations and their writings on the practical application of the regulation under study and research. The study recommends that the judicial authorities choose a unified interpretation consistent with the objectives of the law. The legislative authorities should also periodically amend the bankruptcy laws and regulations to keep pace with practical realities.