LAW OF PROCEDURE
BEFORE SHARI’AH COURTS
Royal Decree No. (M/21)
20 Jumada I 1421 [ 19 August 2000] Umm al-Qura No. 3811 – 17 Jumada II 1421
[ 15 September 2000 ]
PART ONE
GENERAL PROVISIONS
Article1:
Courts shall apply to cases before them provisions of Shari’ah laws, in
accordance with the Qur’an and Sunnah of the Prophet (peace be upon him),
and laws promulgated by the State that do not conflict with the Qur’an and
Sunnah, and their proceedings shall comply with the provisions of this Law.
Article 2: The provisions of this Law shall apply to cases brought before them that have
not been adjudged and proceedings that have not been completed prior to the
effective date hereof, except the following: A. Articles amending jurisdiction in respect of cases filed prior the
effective date hereof.
B. Articles amending time limits which started prior to the effective date hereof.
C. Provisions hereunder that establish or repeal methods of objection with respect to final judgments issued prior to the effective date hereof.
Article 3:
Any procedure in a proceeding validly applied under laws in force shall
remain valid unless otherwise provided for hereunder.
Article 4: No claim or defense shall be accepted in which its proponent has no existing
legitimate interest. Nevertheless, potential interest shall be sufficient if the
claim is intended as a precaution to avoid imminent damage or to document a
right the evidence for which might disappear by the time it is contested. The
judge shall reject a case he deems fictitious, and he may punish the plaintiff.
Article 5: A case filed by at least three citizens in any matter involving public interest
shall be accepted if there is no official agency in charge of that interest in the
town.
Article 6:
An action shall be invalid if declared null and void by a provision hereunder
or is so flawed that the purpose thereof is not served. However, it shall not be
adjudged invalid, notwithstanding such a provision, if it is proven that the
purpose of the action is definitely achieved.
Article 7: A clerk shall attend all hearings and all case proceedings along with the
judge, and shall keep a record and sign it together with the judge. If the clerk
fails to attend, the judge may assume the procedure and take the minutes.
Article 8:
Process servers, clerks, and such other judicial assistants may not perform
any work that lies within the scope of their jobs in cases involving them or their
spouses, relatives, and in-laws up to the fourth degree, and any such work shall
be null and void.
Article 9: Periods and time limits set forth herein shall be calculated according to Umm
al-Qura calendar, and sunset of each day shall be considered the end of that
day.
Article 10: In the application of the provisions hereof “place of residence” shall mean the
place where a person normally resides. For nomads, the place of residence shall
be deemed the place where a person lived when the case was filed. For
detainees and prisoners, the place of residence shall be deemed the place where
a person is detained or imprisoned. Any person may designate a particular
place of residence for receiving the notices and service of process addressed to
him regarding specific matters or transactions, in addition to his general place
of residence.
Article 11:
No case properly filed with a competent court may be transferred to another
court or agency before judgment is rendered.
Article 12: Processes shall be served by servers at the judge’s order or at the request of
the adversary or the court administration. Adversaries or their attorneys-in-fact shall follow up the procedures and give the relevant papers to servers for service. Service may be done by the plaintiff at his request.
Article 13: No process may be served or judgment executed in the place of residence
before sunrise or after sunset or during official holidays, except in compelling circumstances and with the written permission of the judge.
Article 14:
A service of process must be in duplicate, an original and an identical copy.
There shall be as many copies as there are persons if several persons are served.
The process must contain the following:
A. The subject and date of the process, giving the day,
the month, the year, and the hour of the service.
B. The full name, occupation or job, and place of
residence of the person requesting the process as
well as the full name, occupation or job, and place
of residence of his representative.
C. The full name, occupation or job, and place of
residence of the person served. If the place of
residence at the time of service is unknown, the
process shall be served at the last [known] place of
residence.
D. The name of process server and the court where he
works.
E. The name and capacity of the person who received
a copy of the process, and his signature on the
original, or an entry showing his refusal and the
reason therefor.
F. The server's signature on both the copy and
original.
Article 15: The server shall deliver a copy of the process to the person to be served at his
place of residence or work if available; otherwise, he shall deliver it to whoever
of his family members, relatives, and in-laws residing with him is present, or to
whoever works in his service that is present. If none of them is present or the
one present refuses acceptance, the copy shall be delivered, according to the
circumstance, to the Umdah of the quarter, the police station, to the head of the
‘center’, or the chief of the tribe within whose jurisdiction lies the place of
residence of the person to be served, in that order.
The process server shall indicate same in detail at that time on the original of
the process. Within twenty-four hours of the delivery of a copy to the
administrative agency the server shall send a letter - registered with
acknowledgement of receipt - to the person to be served at his place of
residence or work notifying him that a copy had been delivered to the
administrative agency.
Article 16: Police stations and quarter Umdahs (Chief) shall, within the limits of their
jurisdiction, assist the court server in the performance of his task.
Article 17: A process shall be legal if served on the person of the one to be served, even
if at other than his place of residence or work.
Article 18:
Process copies shall be delivered as follows:
A. With respect to government agencies, to their heads or those
acting for them;
B. With respect to public corporate persons, to their managers or
those acting for them or representing them;
C. With respect to companies, societies, and private establishments,
to their managers or those acting for them or representing them;
D. With respect to foreign companies and establishments which have
a branch or an agent in the Kingdom, to the branch manager or
the one acting for him or to the agent; or the one acting for him;
E. With respect to armed forces personnel and those of similar
status, to the immediate superior of the person to be served;
F. With respect to sailors and ship personnel, to the captain;
G. With respect to interdicted persons, to their trustees or guardians
as the case may be;
H. With respect to prisoners or detainees, to the warden of the prison
or detention center;
I. With respect to persons who have no known place of residence or
designated place of residence in the Kingdom, to the Ministry of
Interior in the regular administrative ways for notification by
appropriate means.
Article 19: In all the cases set forth in the preceding article, if the person to be served or
the one acting for him refuses to receive the copy or sign the original
acknowledging receipt, the server shall so indicate on the original and the copy,
and deliver the copy to the amirate within whose jurisdiction lies the place of
residence of the person to be served, or to the agency designated by the
amirate.
Article 20: If the place of residence of the person to be served is in a foreign country, a
copy of the process shall be sent to the Ministry of Foreign Affairs, for
communication by diplomatic means. A reply stating that the copy has reached
the person to be served shall be sufficient.
Article 21: If the in-Kingdom place of service lies outside the court’s jurisdiction, the
papers to be served shall be sent by the Chief judge or the Judge of such court
to the Chief Judge or the Judge of the court within whose jurisdiction the
service lies.
Article 22: Sixty days shall be added to the statutory time limits for persons whose place
of residence is outside the Kingdom.
Article 23: A time limit defined in days, months, or years, shall not include the notice
day or the day on which the event which by law initiated the time limit
occurred. The time limit expires at the end of the last day if the action is to take
place within that time limit. If the time limit is one that must expire before the
action, then the action may take place only after expiry of the last day of the
time limit. If a time limit is defined in hours, its starting hour and its hour of
expiry shall be calculated as aforesaid.
If the time limit expires on an official holiday, it shall extend into the first
working day thereafter.
PART TWO
JURISDICTION
Chapter I
International Jurisdiction
Article 24: The Kingdom’s courts shall have jurisdiction over cases filed against a Saudi,
even if there is no record of his general or designated place of residence in the
Kingdom. Excepted are cases in rem involving real estate located outside the
Kingdom.
Article 25:
The Kingdom’s courts shall have jurisdiction over cases filed against an alien
who has a general or a designated place of residence in the Kingdom. Excepted
are cases in rem involving real estate outside the Kingdom.
Article 26:
The Kingdom’s courts shall have jurisdiction over cases filed against an alien
who has no general or designated place of residence in the Kingdom in the
following circumstances:
A. If the lawsuit involves property located in the Kingdom or an
obligation considered to have originated or is enforceable in the
Kingdom.
B. If the lawsuit involves bankruptcy declared in the Kingdom.
C. If the lawsuit is against more than one person and one of them
has a place of residence in the Kingdom.
Article 27: The Kingdom’s courts shall have jurisdiction over cases filed against an
alien Muslim who has no general or designated place of residence in the
Kingdom in the following circumstances:
A. If the case is against a marriage contract to be executed in the
Kingdom.
B. If the case is for divorce or annulment of a marriage contract and
is filed by a Saudi wife or one who has lost her citizenship by
reason of marriage if either one is residing in the Kingdom, or a
non-Saudi wife residing in the Kingdom, against her husband
who has a place of residence therein if her husband abandoned
her and took residence abroad or if he was deported from the
Kingdom’s territory.
C. If the lawsuit is for support and the person for whom support is
claimed resides in the Kingdom.
D. If the lawsuit involves paternity of a child in the Kingdom or
relates to an issue of custody over a person or property when the
minor or the one to be interdicted has a place of residence in the
Kingdom.
E. If the lawsuit involves some other personal status issue and the
plaintiff is a Saudi or an alien residing in the Kingdom, if the
defendant has no known place of residence abroad.
Article 28:
Except for cases in rem involving real estate outside the Kingdom, the
Kingdom’s courts shall have jurisdiction to adjudicate cases when the litigants
accept these courts' jurisdiction, even if the matter does not fall within their
jurisdiction.
Article 29:
The Kingdom’s courts shall have jurisdiction over preventive and temporary
measures enforced in the Kingdom, even though they had no jurisdiction over
the original case.
Article 30: A corollary of the jurisdiction of the Kingdom’s courts shall be jurisdiction
over consideration of preliminary issues and requests incidental to the original
case as well as consideration of any request which relates to such a case and is
required by the proper process of justice.
Chapter II.
Subject-Matter Jurisdiction
Article 31: Without prejudice to the provisions of the Grievance Board Law and to the
general courts’ jurisdiction to consider real estate cases, Summary Courts shall
have jurisdiction to adjudicate the following cases:
A. Lawsuits for restraining interference with possession or for
recovery of possession.
B. Lawsuits where the value does not exceed ten thousand riyals.
The Implementation Regulations shall prescribe how to estimate
value of the claim.
C. Lawsuits involving leases where the rent does not exceed one
thousand riyals a month, provided that the claim does not exceed
ten thousand riyals.
D. Lawsuits involving labor contracts where the salary or wage does
not exceed one thousand riyals a month, provided that the claim
does not exceed ten thousand riyals.
The sums stipulated under Paragraphs B, C, and D of this article may be
amended as required by a decision of the full membership of the Supreme
Judicial Council on the recommendation of the Minister of Justice.
Article 32: Without prejudice to the provisions of the Grievance Board Law, General
Courts shall have jurisdiction over all cases outside the jurisdiction of
Summary Courts. Specifically, they may consider the following:
A. All cases in rem dealing with real estate.
B. Issuing title deeds, registration of endowment and hearing the
declaration thereof, and recording marriages, probate, divorce,
khul’ divorce at the insistence of the wife, paternity, death and
determination of heirs.
C. Designating trustees, guardians, and administrators and
permitting them to perform actions that require the judge’s
permission, and dismissing them if required.
D. Imposing and waiving support.
E. Marrying off women who have no guardians.
F. Interdicting spendthrifts and bankrupts.
Article 33: General Courts shall have jurisdiction over all claims and cases under the
jurisdiction of Summary Court in towns where no Summary Court exists.
Chapter III.
Venue Article 34:
A lawsuit shall be filed with the court with jurisdiction over defendant’s place
of residence. If he has no place of residence in the Kingdom, jurisdiction
belongs to the court with jurisdiction over plaintiff’s place of residence. If there
are several defendants, jurisdiction belongs to the court with jurisdiction over
the place of residence of the majority. In case of equal numbers, plaintiff shall
have the option of filing the case with any court with jurisdiction over the place
of residence of any of them.
Article 35:
Subject to the established jurisdiction provisions of the Grievance Board,
cases against government administrative agencies shall be filed with the court
with jurisdiction over the head office thereof. A lawsuit may be filed with the
court with jurisdiction over the branch of a government agency in matters
relating to that branch.
Article 36: Lawsuits relating to existing companies and societies or those under
liquidation, or to private establishments, shall be filed with the court with
jurisdiction over the head office thereof irrespective of whether the case is
against the company, society, or establishment, or by the company, society, or
establishment against a partner or a member, or by a partner or member against
another. A lawsuit may be filed with the court with jurisdiction over the branch
of a company, society, or establishment in matters relating to that branch.
Article 37:
As an exception to Article 34, a claimant of support shall have the option of
filing his lawsuit with the court with jurisdiction over the place of residence of
either claimant or defendant.
Article 38: A city or village shall be considered the scope of the venue of the court
existing there. If there are several courts, the Minister of Justice shall define the
venue of each pursuant to a suggestion from the Supreme Judicial Council.
Villages that have no court shall fall within the jurisdiction of the court of the
nearest town. Whenever there is a dispute affirming or denying venue, the case
shall be referred to the Appellate Court for deciding the subject of the dispute.
PART THREE
FILING AND RECORDING LAWSUITS
Article 39: A lawsuit shall be filed by the plaintiff with a court by means of a claim
memorandum to be deposited with the court in original and as many copies as
there are defendants.
Such claim memorandum shall contain the following:
A. The full name, occupation or job, and place of residence of
plaintiff and the full name, occupation or job, and place of
residence, if any, of his representative.
B. The full name, occupation or job, and place of residence of
defendant, or his last place of residence if he has no known place
of residence.
C. The date of submission of the claim memorandum.
D. The court with which the lawsuit is filed.
E. The plaintiff’s designated place of residence in the town where
the court is located if he has no place of residence there.
F. The subject of the case and plaintiff’s claim and support therefor.
Article 40: The date for appearance before a General Court shall be not less than eight
days after service of the claim memorandum. This time limit may be reduced to
twenty-four hours in compelling circumstances. The time limit for appearance
before Summary Courts shall be three days. This time limit may be reduced to
one hour in compelling circumstances, provided that the process is served to
the adversary in person in both cases of time reduction. The reduction of the
time limit in both cases shall be with the permission of the judge or the chief
judge of the court with which the case is filed.
Article 41: In all but summary cases where the time limit for appearance has been
reduced, defendant shall deposit with the court his defense memorandum not
less than three days before the hearing at General Courts, and not less than one
day before the hearing at Summary Courts.
Article 42:
The competent clerk shall place the case in the docket on the day the claim
memorandum is submitted, after recording the day scheduled for the hearing on
the original and copies of the declaration in the presence of the plaintiff or his
representative. He shall on the day immediately following deliver the
declaration and the copies thereof to the process server or plaintiff, as the case
may be, for serving and returning the original to the court administration.
Article 43:
The process server or plaintiff, as the case may be, shall serve the claim
memorandum to defendant in sufficient time before the date of the hearing to
allow for the time limit set for appearance.
Article 44: Failure to honor the time limit set forth in the preceding article, or failure to
honor the time limit for appearance, shall not invalidate the claim
memorandum and shall not prejudice the right of the one served to
postponement for completion of the time limit.
Article 45:
If plaintiff and defendant appear of their own accord before a court and
request a hearing of their dispute, the court shall, if possible, immediately hear
the case or schedule another hearing therefor, even if the case is outside its
venue.
Article 46: If a court schedules a hearing for two litigants but they appear at other than
the scheduled time and request consideration of their dispute, the court shall, if
possible, accede to that request.
PART FOUR
APPEAREANCE AND ABSENCE OF LITIGANTS
Chapter I
Appearance and Representation in Litigation
Article 47:
On the day scheduled for consideration of the case the litigants shall appear
in person or through representatives. If the representative is an attorney-in-fact
he shall be the one qualified to accept a power of attorney according to law.
Article 48:
An attorney-in-fact shall declare his appearance on behalf of his client and
shall deposit the document of his power of attorney with the competent clerk.
The court, when necessary, may allow the deposit of the document by the
attorney-in-fact within a time limit prescribed by the court, provided that it is
not later than the first hearing of the proceedings. The power of attorney may
be recorded in the hearing by a declaration to be entered in the record and
signed or thumb printed by the client.
Article 49: Whatever the attorney-in-fact declares in the presence of the client shall in
effect be a declaration by the client himself unless the client denies it in the
same hearing during consideration of the case.
If the client does not appear, the attorney-in-fact may not concede the right
claimed, make a waiver or accept a settlement, accept, direct, or reject an oath,
drop the litigation, waive judgment in whole or in part or any method of appeal,
lift an interdiction, release a mortgage while leaving the debt [unpaid], or claim
forgery unless he is specifically authorized to do so in the power of attorney.
Article 50: Resignation or dismissal of an attorney-in-fact without the court’s approval
shall not preclude continuation of the proceedings unless the client notifies his
adversary of the appointment of a substitute for the resigning or dismissed
attorney-in-fact, or of his intention to handle the case in person.
Article 51:
If it becomes apparent to the court that an attorney-in-fact has been dilatory
under the pretext of the need to consult his client but intending to procrastinate,
the court shall have the right to request the client himself to complete the
proceeding.
Article 52:
No judge, public prosecutor, or court employee may be the attorney-in-fact
for a litigant in a case, even if filed with a court other than their own. They are
allowed to do so, however, on behalf of their spouses, ascendants and
descendants, and persons legally under their guardianship.
Chapter II
Absence of Litigant(s) Article 53:
If the plaintiff is absent from a court hearing without an excuse acceptable to
the court, the case shall be stricken off. Afterward, he may, depending on the
circumstances, request continued consideration of the case, in which case the
court shall schedule a hearing for such consideration and notify defendant. If
plaintiff is again absent without an excuse acceptable to the court, the case shall
be stricken off and it may be heard again only by a decision of the permanent
panel of the Supreme Judicial Council.
Article 54:
In both situations set forth under the preceding article, if the defendant
attends the hearing from which the plaintiff is absent, the defendant may ask
the court not to strike off the case and to adjudge on the merits thereof if the
case is ripe for judgment, in which instance the court shall adjudge the case and
the judgment shall be considered a default [judgment] with respect to plaintiff.
Article 55:
If the defendant is absent from the first hearing, consideration of the case
shall be postponed to a subsequent hearing of which the defendant shall be
notified. If he is absent from this hearing or from another hearing without an
excuse acceptable to the court, the court shall adjudge the case and its judgment
shall be considered a default [judgment] with respect to the defendant, unless
defendant’s absence was after the closing of argument, in which case the
judgment shall be considered in his presence.
Article 56:
If there are several defendants some of whom were served in person while the
others were not, and all of them or only those who were not served in person
were absent, the court, in other than summary cases, shall postpone
consideration of the case to a subsequent hearing and plaintiff shall serve notice
of that hearing to those absent who were not served in person. The decision in
the case shall be considered in the presence of all defendants.
Article 57: In the application of the preceding provisions, a person who arrives thirty
minutes before the scheduled time for the end of the hearing shall not be
considered absent, and he shall be considered present if he arrives while the
hearing is still in progress.
Article 58: A person against whom a default judgment has been rendered may, within the
deadline specified herein, object to the judgment before the court that rendered
the judgment. He may ask the court to expeditiously issue a temporary stay of
the execution of the judgment. A default judgment shall be stayed if the court
issues a judgment to stay it, or if it issues a judgment that is contrary to the
default judgment and supercedes it.
PART FIVE
HEARING PROCEDURE AND ORDER
Chapter I
Hearing Procedure
Article 59: The record clerk shall each day prepare a list of the cases for that day
arranged in the order of the hours scheduled for their consideration. After
presentation to the judge, a copy of the list shall be posted before working
hours on the bulletin board set up for this purpose at the door of the courtroom.
Article 60:
The litigants shall be called at the time scheduled for considering their cases.
Article 61: Proceedings shall be in open court unless the judge on his own or at the
request of an litigant closes the hearing in order to maintain order, observe
public morality, or for the privacy of the family.
Article 62: Argument shall be oral. This, however, shall not preclude the presentation of
statements or defenses in the form of written briefs copies of which shall be
exchanged between the litigants and the original shall be kept in the case-file
which shall be referenced in the minutes. The court shall grant the litigants
sufficient time to review and respond to the documents as circumstances
warrant.
Article 63:
The judge shall ask the plaintiff with regard to whatever is required to plead
his case prior to questioning the defendant. He may not dismiss the case to
correct a pleading, nor may he proceed with the case, prior to that.
Article 64:
If the defendant categorically refuses to answer or gives answers that are not
relevant to the case, the judge shall repeat the request for a correct answer three
times in the same hearing. If the defendant persists, the judge shall warn him
and then consider him to have declined, and shall proceed with the case in
accordance with the Shari’ah rules.
Article 65:
If either party presents a valid defense and requests a reply from the other
party who asks for time for that purpose, the judge may grant him time if he
deems it necessary, but time may not be granted again for the same answer
except for a legitimate reason acceptable to the judge.
Article 66:
Proceedings shall close upon the litigants concluding their arguments.
Nevertheless, the court may, before announcing its judgment, and for proper
cause, reopen argument on its own or at the request of a litigant and docket the
lawsuit again.
Article 67:
Litigants may, in whatever form the case may be, ask the court to enter
whatever acknowledgement, settlement, or suchlike agreed between them in the
court record and the court shall issue a deed to that effect.
Article 68: The record clerk shall, under the supervision of the judge, enter the minutes
of the argument in the record, stating the date and hour each argument began
and the hour it ended, the name of the judge and the names of the litigants or
their attorneys-in-fact. The judge, the clerk, and those persons whose names are
mentioned therein shall sign the record. If one of them declines to sign the
judge shall so indicate in the record of the hearing.
Chapter II
Hearing Order
Article 69:
Order and management of the hearing are assigned to the Presiding Judge. In
pursuance of this he may expel from the courtroom anyone who disturbs order.
If he disobeys, the court may forthwith sentence him to prison for up to twenty-
four hours. Such a judgment shall be final but the court may reverse that
judgment.
Article 70:
The Presiding Judge is the person who addresses questions to the litigants and
witnesses. Other court members participating in the hearing and the litigants
may ask him to address whatever questions relating to the case they wish to
ask.
PART SIX
DEFENSES, JOINDER, INTERVENTION,
AND INCIDENTAL REQUESTS
Chapter I
Defenses
Article 71: Motions for the invalidity of the claim memorandum, for improper venue, or
for transferring the case to another court, because the same dispute or some
other related case is before that court, shall be made before any request or
defense is made in the case; otherwise, any right not so presented shall be
forfeited.
Article 72:
A motion for lack of subject-matter jurisdiction or for dismissal of the case
for lack of capacity or interest, or for any other reason, or for dismissal of the
case shall be ruled on by the court itself, and such motions shall be admissible
at any stage of the case.
Article 73: The court shall rule independently on such motions unless it decides to
include them with the subject matter of the case in which instance it shall
indicate its ruling on both the motions and the merits.
Article 74: If a court rules that it lacks jurisdiction, it shall refer the case to the competent
court and notify the litigants accordingly.
Chapter II
Joinder and Intervention
Article 75:
A litigant may ask the court to join in the case whoever would rightfully have
been a litigant when the case was filed. The normal summons procedure shall
be followed in making him a litigant. The court shall, whenever possible, rule
on the matter of the request for the joinder and on the original case in the same
judgment whenever possible, otherwise it shall rule on the matter of the request
for joinder after adjudging the original case.
Article 76: The court on its own may order the joinder of whoever it feels should be
joined in the following circumstances:
A. A person who is linked to an adversary by the
bonds of partnership, right, or indivisible
obligation.
B. An heir of the plaintiff or defendant or an owner in
common with either of them if the case involves an
estate in the first instance or a common ownership
in the second.
C. A person who may be harmed by the case or by a
judgment thereon if the court finds serious evidence
of collusion, fraud, or failure on the part of the
litigants.
The court shall set a time for the appearance of whoever it orders joined, and
the normal summons procedure shall be followed.
Article 77:
Any person having an interest may intervene in the case by joining a litigant
or requesting a judgment for himself on a matter related to the case.
Intervention shall be by a memorandum notified to the litigants before the day
of the hearing or by a request made orally in the hearing in their presence and
recorded in the minutes. No intervention may be permitted after the closing of
proceedings.
Chapter III
Incidental Requests
Article 78:
Incidental requests shall be filed by the plaintiff or the defendant by means of
a memorandum delivered to the litigants before the day of the hearing or by a
request made orally in the hearing in the presence of the adversary and
recorded in the minutes. No incidental request may be permitted after the
closing of the proceedings.
Article 79:
The plaintiff may make the following incidental requests:
A. Matters that involve correcting the original request
or amending its subject matter to meet exigencies
that arose or became known after the lawsuit was
filed
B. Matters complementing, arising from, or which are
indivisibly linked to the original request.
C. Matters involving an addition or a change to the
grounds for the case, leaving the original subject
matter of the case unchanged
D. Requesting an order for preventive or temporary
action.
E. Whatever the court permits relating to the original
request.
Article 80:
The defendant may make the following requests:
A. Request for judicial set off.
B. Request for a judgment for compensation for damages sustained
stemming from the original case or from an action therein.
C. Any request which, if accepted, results in not rendering judgment
on all or some of the requests of the plaintiff, or rendering a
judgment with qualifications advantageous to the defendant.
D. Any request indivisibly linked to the original case.
E. Whatever the court permits relating to the original case.
Article 81:
Whenever possible the court shall rule on an incidental request along with the
original case; otherwise, it shall retain the incidental request for a ruling after
verification.
PART SEVEN
SUSPENSION, DISCONTINUANCE,
AND ABANDONMENT OF LITIGATION
Chapter I
Suspension of Litigation Article 82:
The case may be suspended on the basis of an agreement by the litigants not
to proceed with it for a maximum of six months from the date the court
approves the agreement. Such suspension shall have no effect on any
mandatory time limit prescribed hereunder for an action.
If the litigants do not resume the case proceedings within the ten days that
follow the end of the specified period, the plaintiff shall be deemed to have
abandoned his case.
Article 83: If a court determines that its judgment on the merits of a case should be
contingent on ruling on another issue on which the judgment depends, it shall
order suspension of the case and the litigants may request proceeding with the
case when the cause of suspension lapses.
Chapter II
Discontinuance of Litigation
Article 84:
Unless the case is ripe for judgment on the merits, litigation shall discontinue
with the death of a litigant or his loss of capacity to litigate, or with the loss of
representational capacity by the person litigating on his behalf. Litigation shall
not discontinue with the expiry of a power of attorney, however. The court may
grant sufficient time to a client if he appoints a new attorney-in-fact within
fifteen days of the expiry of the first power of attorney. If the case is ripe for
judgment, however, the litigation may not be discontinued and the court shall
render judgment.
Article 85: A case shall be considered ripe for judgment on its merits if the litigants
make their statements and closing arguments during the litigation hearing
before the cause to discontinue existed.
Article 86:
Discontinuance of litigation shall entail the suspension of all set times of the
litigation then proceeding in respect of the litigants and the invalidation of all
actions occurring during the discontinuance.
Article 87: Proceedings of the case shall resume at the request of a litigant [with
summons] duly notified to the successor of the person by reason of whom the
discontinuance happened, or to the other adversary. Proceeding with the case
shall also resume if the hearing scheduled for considering the case is attended
by the successor of the person by reason of whom the discontinuance
happened.
Chapter III
Abandonment of Litigation
Article 88: The plaintiff may abandon litigation by means of a notice addressed by him
to his adversary, by a declaration from him to the competent court clerk, by an
explicit statement in a memorandum signed by him or his attorney-in-fact and
shown to his adversary, or by making the request orally on the record in a
hearing. Abandonment after the defendant completes his defenses is permitted
only with the court’s approval.
Article 89: Abandonment shall entail nullification of all litigation actions, including the
claim memorandum Such abandonment, however, shall not prejudice the right
claimed.
PART EIGHT
RECUSAL AND DISQUALIFICATION OF JUDGES
Article 90:
A judge shall be prohibited from considering and hearing a case, even if no
litigant makes such a request, in the following circumstances.
A. If he is the spouse, relative, or in-law up to the fourth degree of a
litigant.
B. If he, or his wife, has an existing dispute with a litigant in the
case or with his wife.
C. If he is an attorney-in-fact, guardian, trustee, or presumptive heir
of a litigant or if he is the spouse of the guardian or trustee of a
litigant or if he is a relative or an in-law up to the fourth degree of
such guardian or trustee.
D. If he, his wife, a relative, or an in-law in the ancestral line, or a
person for whom he is trustee or guardian, has an interest in the
existing case.
E. If he had issued a fatwa (religious legal opinion), litigated for one
of the litigants in the case, or written about it, even if it were
before he joined the judiciary, or if he had earlier considered the
case as a judge, expert, or arbitrator, or had been a witness in the
case or had engaged in any investigative action therein.
Article 91:
An action or decision by a judge in any of the foregoing circumstances set
forth in Article 90 shall be null and void even if it were with the agreement of
the litigants. If such nullification occurs with respect to a judgment upheld by
the Appellate Court, a litigant may request said court to nullify the decision and
assign another judge to reconsider the appeal.
Article 92:
A judge may be disqualified for any of the following reasons:
A. If either he or his wife has a case similar to the case before him.
B. If he, or his wife, has a dispute with a litigant or his wife after the
lawsuit was filed and pending with the judge, unless that [latter]
lawsuit was filed with the intention of disqualifying him from
considering the case before him.
C. If his divorcee with whom he has a child or one of his relatives or
in-laws up to the fourth degree has a dispute before the judiciary
with a litigant in the case, or with his wife, unless the case was
brought with the intention of disqualifying him.
D. If a litigant is his servant or the judge had habitually dined or
lived with him, or if he had received a gift from him shortly
before the lawsuit was filed or thereafter.
E. If enmity or friendship exists between him and a litigant such that
it is likely he would not be able to judge impartially.
Article 93: A judge may refrain from considering a case before him only if he was
forbidden to consider the case or possessed a disqualifying cause. He shall
contact his immediate superior for permission to recuse himself, all of which
shall be entered into a special record kept at the court.
Article 94: If there was cause for a judge to recuse himself and he had failed to do so, a
litigant may request his disqualification. If the reason for disqualification is not
one of those set forth under Article 92, a request for disqualification must be
made before any defense or plea is presented in the case; otherwise such a right
is forfeited. Nevertheless, such a request may be made if the reasons therefor
occurred afterwards or if the petitioner proves that he had no knowledge
thereof.
Article 95:
Disqualification shall be effected by a declaration to the court administration
signed by the petitioner personally or by his attorney-in-fact under special
power of attorney which shall be attached to the declaration. A declaration for
disqualification shall include reasons therefor and enclose whatever supporting
papers are available. When making the declaration, the petitioner shall deposit
one thousand riyals which shall revert to the public treasury if the petition is
rejected.
Article 96: The court administration shall immediately show the declaration for
disqualification to the judge who shall within the following four days of
reviewing the declaration write to the Chief Judge of the court or the Chief
Judge of the province courts, as the case may be, about the facts and causes of
disqualification. If he does not write within the prescribed time, or if he writes
in support of the reasons for disqualification, which reasons shall be proper
hereunder, or if he writes a denial but proof is established, the Chief Judge of
the court or the Chief Judge of the province courts shall declare him
disqualified from considering the case.
PART NINE
EVIDENTIARY PROCEDURES
Chapter I
General Provisions
Article 97:
Facts intended for verification during proceedings must be relevant, material
to the case and admissible.
Article 98: If a litigant’s evidence is in a place outside the area of court’s jurisdiction,
said court shall deputize the judge with jurisdiction over that place to hear such
evidence.
Article 99:
A court may renounce evidentiary procedures it had ordered provided that it
sets forth the reasons for renunciation in the record. It may take no account of
the result of the procedure provided that it explains the reasons therefor in its
judgment.
Chapter II
Questioning Litigants and
Admission
Article 100:
A court may question a litigant who is present, and each litigant may request
the questioning of his adversary who is present. Responses shall be given
during the same hearing, unless the court deems fit to grant time for a response.
The response must be given in front of the person requesting the questioning.
Article 101: A court either on its own, or at the request of a litigant, may order the
presence of his adversary for questioning if it determined a need therefor. A
person whom the court decides to question shall attend the hearing as
scheduled in the court’s order.
Article 102: If a litigant has an acceptable excuse that prevents his appearance in person
for questioning, the judge shall himself go, or deputize a trustworthy person to
go, to question the litigant at his place of residence. If the one to be questioned
is outside the area of the court’s jurisdiction, the judge shall deputize the court
of his place of residence to question him.
Article 103: If a litigant fails to appear for questioning without an acceptable excuse, or
refuses to answer for no reason, the court may hear the evidence and draw
whatever conclusion it deems proper from such failure to appear or refusal to
answer.
Article 104: An admission by a litigant during questioning or without questioning shall be
proof affecting him only. The admission shall be made before the bench during
the course of the case related to the admitted event.
Article 105: For an admission to be valid it must be made by an adult, who is sane, not
under interdiction, and must make the admission freely. An admission by an
interdicted spendthrift shall be accepted in all matters for which he is not
legally under interdiction.
Article 106: An admission shall not be divisible to the detriment of its maker whereby
what is damaging to him is taken into account but what is in his favor is not. It
shall be taken in toto, unless it pertains to several events where the existence of
one event does not necessarily entail the existence of others.
Chapter III
Oaths
Article 107: A person requesting the oath of his adversary must precisely specify the
events concerning which he wishes said adversary take an oath. The court shall
prepare the formula of the oath as prescribed by the Shari’ah.
Article 108: An oath or refusal to be take an oath may be made only before the presiding
judge in the judicial hearing, and shall be of no consequence outside the
hearing unless there is a provision to the contrary.
Article 109:
A person summoned to court to take an oath must appear. If he appears and
declines without contesting the permissibility or relevance of the oath to the
case with the person requesting the oath he must, if present in person, take the
oath immediately or require that his adversary take an oath. If he fails to appear
for no excuse he shall be considered to have refused to take the oath.
Article 110: If the person requested to take an oath has an excuse that prevents his
appearance, the judge shall proceed to where he is to administer the oath, or the
court shall assign one of its judges or assistant judges to do so. If a person to be
sworn resides outside the area of the court’s jurisdiction, the court may
deputize the court of his place of residence to administer the oath. In either case
minutes of the oath shall be drawn up and signed by the oath taker, the
deputized judge or representative, the clerk, and the adversaries present.
Article 111:
An oath shall be taken in front of the person requesting it, unless he waives
attendance or fails to appear without an acceptable excuse despite his
knowledge of the hearing.
Chapter IV
Inspection
Article 112: The court on its own or at the request of a litigant may decide to inspect a
disputed item either by bringing it to the court, if feasible, or by proceeding to
where it is or assigning the task to one of its members, provided that the
decision to that effect states the time of inspection. It may deputize the court
with jurisdiction over the disputed item to perform the inspection, in which
case the deputized judge shall be notified of the deputizing decision, which
decision shall contain all the information pertaining to the litigants, the
inspection place, and such other information as is necessary to clarify aspects
of the case.
Article 113:
The court, the assigned or deputized judge shall invite the litigants, at least
twenty-four hours prior to the scheduled time, except travel time, by means of a
memorandum sent through the court administration that gives the place and day
and hour of the meeting.
The court may, if need be, take the inspected item under custody pending the
announcement of the judgment or until any other time.
Article 114:
The court, the judge assigned or deputized for inspection may appoint one or
more experts for assistance in the inspection. The court, the assigned or
deputized judge may hear the testimony of any witness they desire at the place
of dispute.
Article 115: Minutes of the inspection result shall be drawn up and signed by the
inspector, the clerk, and whatever experts, witnesses, and litigants were present
which shall be entered into the case file.
Article 116:
Any person who has an interest in documenting the material conditions of an
event that may become the subject of a dispute before the bench in the future
may bring a summary case to the court of local venue, requesting an inspection
in the presence of those concerned and documenting the conditions. Inspection
and documentation of the condition shall be completed as per the provisions of
the preceding articles.
Chapter V
Testimony
Article 117: A litigant who requests, during proceedings, proof by the testimony of
witnesses shall set forth in writing or orally during the hearing the events he
wishes to prove. If the court determines that such events are admissible under
the provisions of Article 97, it shall decide to hear the witnesses and shall
schedule a hearing for that purpose and ask the litigant to bring them then.
Article 118: If a witness has an excuse that prevents his appearance to testify, the judge
shall proceed to where he is to hear it or the court shall assign one of its judges
to do so. If the witness resides outside the area of the court’s jurisdiction, the
court shall deputize the court of his place of residence to hear his testimony.
Article 119: The testimony of each witness shall be heard individually in the presence of
the litigants but not in the presence of the other witnesses whose testimony had
not been heard, though their failure to attend does not preclude hearing it. A
witness shall state his full name, age, occupation, place of residence and
whether he is related to the litigants by kinship, service, etc., if applicable, and
his identity shall be verified.
Article 120: Testimony shall be given orally. The use of written notes during testimony is
permitted only with the judge’s consent provided that the nature of the case
justifies it. A litigant against whom the testimony is made may indicate to the
court whatever prejudices the testimony by impeaching the witness or the
testimony.
Article 121:
The judge on his own or at the request of a litigant may ask the witness
whatever questions he determines are conducive to determining the truth. The
judge shall accede to the request of the litigant in this regard unless the
question is immaterial.
Article 122:
If an adversary requests time to bring witnesses absent from the judicial
hearing, he shall be granted the shortest time that is adequate in the opinion of
the court. If he does not bring them to the scheduled hearing or brought persons
whose testimony was incompetent, he shall be given another grace period along
with a warning that he would be considered in default if he does not bring
them. If he does not bring them to the third hearing, or brings persons whose
testimony is incompetent, the court may decide the dispute. If he has an excuse
for not bringing his witnesses, such as their absence or his ignorance of their
place of residence, he shall have the right to bring a case when they are
available.
Article 123:
The testimony of a witness and the answers he gives to questions addressed to
him shall be written in the record in the first person without change. It shall
then be read to him and he may enter any amendment thereto he wishes. The
amendment shall be entered after the text of the testimony and signed by both
him and the judge.
Chapter VI
Expertise
Article 124:
The court may decide, when necessary, to assign one or more experts. It shall
in such a decision specify the task of the expert, the time for depositing his
report and the time for the litigation hearing based on the report, and shall also
specify, when necessary, the advance paid to the account of the expert’s
expenses and fees and the litigant who shall deposit that sum and the time by
which he shall make the deposit. It may also appoint an expert to give his
opinion orally in a hearing, in which case the opinion shall be entered into the
record.
Article 125: If a litigant does not deposit the sum he is required to deposit within the time
limit set by the court, the other litigant may make that deposit without prejudice
to his right to have recourse to his adversary if a judgment is made in his favor.
If neither litigant deposits the sum and resolving the case is dependent on
determination by experts, the court may suspend the case until the sum is
deposited.
Article 126:
If the litigants agree on a particular expert, the court may accept their
agreement; otherwise, it may select an expert who enjoys its confidence.
Article 127:
Within the three days following depositing the sum, the court shall call the
expert and explain to him his task as per the wording of the assignment
decision. He shall then receive a copy thereof to fulfill it. The expert may
review the papers in the case file but he may not copy anything without the
court’s permission.
Article 128:
If the expert is not attached to the court he may, within three days of receiving
his assignment decision, ask the court to relieve him of the task to which he is
assigned. The court may relieve him and assign another expert. It may, in
accordance with Shari’ah rules, make an expert, who has failed to perform his
task, pay the costs he had caused to be expended uselessly.
Article 129:
Experts may be disqualified for the same reasons that permit the
disqualification of judges. The court that appointed the expert shall make an
unappealable ruling on the motion to disqualify. A motion to disqualify an
expert made by the litigant who has selected him shall be denied unless the
reason for disqualification occurred after selection.
Article 130:
The expert shall specify a date for starting his work no later than ten days
from the date of receiving his assignment decision, and shall notify the litigants
of the place and time of meeting in a timely manner. The expert shall
commence his work even in the absence of the litigants if they had been duly
invited.
Article 131: The expert shall prepare minutes of his task that record his work in detail and
the attendance, statements, and remarks of the litigants as well as statements of
persons whose hearing was dictated by circumstances, and have it signed by
them. The expert shall enclose with his minutes a signed report of the result of
his work, his opinion, and the grounds on which that opinion was based. If
there is more than one expert, and they disagree, they shall present a single
report in which they mention their individual opinions and the grounds
therefor.
Article 132: The expert shall deposit with the court administration his report and related
minutes of work and papers he received. He shall inform the litigants of the
deposit by registered mail within the twenty-four hours that follow such a
deposit.
Article 133: The court may, if it finds a need, summon the expert to a hearing it schedules
to discuss his report. The court may return the report to the expert to correct
what it considers errors and deficiencies in his work, and it may entrust this
task to another expert or experts.
Article 134: The experts' opinion is not binding on the court, which merely uses it as a
guide.
Article 135:
The expenses and fees of experts shall be determined in accordance with
rules issued by the Minister of Justice.
Article 136: An experts’ committee shall be formed by a decision of the Minister of
Justice. The implementation regulations shall specify the competence of this
committee and the manner of discharging its duties.
Article 137: The Minister of Justice may appoint employees to work full time with courts
in certain expert work.
Chapter VII
Writing
Article 138: A document used for evidence shall be either on official paper or ordinary
paper. An official paper is a paper on which a public officer or a person
assigned to public service records what he has done or what he has received
from those concerned, in conformity with legal conditions and within his
authority and jurisdiction.
An ordinary paper is a paper signed, stamped, or thumb printed by the person
issuing it.
Article 139: It shall be up to the court to determine whether any crossing out, erasure,
insert, or other material defects in a document compromise its value as
evidence.
If in the opinion of the court the authenticity of a document is suspect, it may
ask the officer who issued it or the person who wrote it for a clarification of the
truth of the matter.
Article 140:
No challenge to official documents shall be allowed except by claiming
forgery, unless what is set forth therein is contrary to the Shari’ah.
Article 141:
If the person to whom the contents of a paper are ascribed denies his
handwriting, signature, thumbprint, or stamp, or such is denied by his successor
or deputy while the paper is material to the dispute and the facts and documents
of the case are not sufficient to convince the court of the validity of the
handwriting or signature, the court may conduct a comparison to be made
under its supervision by one or more experts to be named in the comparison
decision.
Article 142:
The handwriting, signature, thumbprint, or stamp denied shall be compared
with the established handwriting, signature, thumbprint, or stamp of the persons
to whom the paper is ascribed.
Article 143:
The disputed document shall be signed by the judge and the clerk indicating
that they had examined it. Minutes shall be entered into the record setting forth
the condition and description of the document in sufficient detail, and the
minutes shall be signed by the judge, the clerk, and the litigants.
Article 144: The litigants shall appear at the time scheduled by the judge to present the
documents for comparison that are in their possession with a view to selecting
what is suitable for this purpose. If the litigant assigned the burden of proof
fails to appear for no excuse, a decision forfeiting his right to proof may be
made. If his adversary fails to appear, the papers presented for comparison may
be considered valid.
Article 145:
The judge and the clerk shall affix their signatures on the comparison
documents before starting the comparison, and the record shall so indicate.
Article 146: If the original of an official document exists, the written or photocopy thereof
which a public officer issues within his competence and certifies as a true copy
of the original shall have the force of the original official document to the
extent that he determines it to be true to the original. A certified copy shall be
considered a true copy of the original unless a litigant disputes the matter, in
which instance the copy shall be matched against the original. No copy shall be
admissible in court if it is not certified to be a true copy of the original.
Article 147:
A person who has an ordinary document may sue the person whom the
document indicates he has a right against so that he may acknowledge the
document, even though the obligation set forth therein is not due at the time of
the litigation. This shall be by means of a lawsuit that follows normal
procedure. If the defendant appears and acknowledges, the court shall record
his acknowledgement, but if he denies, the court shall order verification under
the procedures detailed above.
Article 148: When necessary, the court may, on its own or at the request of a litigant,
decide to introduce documents or papers from government agencies of the
Kingdom if the litigants are unable to do so.
Article 149:
A claim of forgery may be made at any stage of the case by means of a
petition to the court administration setting forth all the places of forgery
claimed and the verification procedures required for proof. A person charged
with forgery may stop the verification process at any stage by a waiver of the
challenged paper, in which case the court may, if the claimant of forgery so
requests for a legitimate interest, order the paper seized or filed.
Article 150:
A claimant of forgery shall deliver to the court administration the challenged
paper if in his possession or the copy communicated to him. If the paper is in
the possession of the adversary, the judge, having reviewed the petition, may
ask him to deliver it forthwith to the court administration. If said adversary
declines to deliver the paper and the court is unable to find it, it shall be
considered non-existent. This, however, shall not preclude taking any action in
respect of the paper, if possible, at a later date.
Article 151:
If the claim of forgery is material to the case while the facts and documents of
the case are insufficient to convince the court whether the document is genuine
or forged, and the court determines that the investigation requested by the
challenger in his report would be material, the court shall order such
investigation.
Article 152:
If forgery of a document is established, the court shall send the document and
copy of the minutes relating thereto to the agency concerned for the necessary
penal procedures.
Article 153:
Even if no claim of forgery is made before it, the court may disallow any
document that, from its condition or from the circumstances of the case,
appears to the court to be forged or suspect. The court also may discount a
document whose authenticity it suspects. The court shall in such cases set forth
in the judgment the circumstances and presumptions that led to such an
inference.
Article 154: To get a judgment of its forgery, a person who fears the use of a forged paper
against him may sue the person who has the paper and the person who may
benefit therefrom. This shall be by means of a lawsuit filed under the usual
procedures. In investigating this case the court shall observe the above-
mentioned rules and procedures.
Chapter VIII
Circumstantial Evidence
Article 155: A judge may draw one or more presumptions from the facts of the case or from
questioning litigants or witnesses as grounds for his judgment, or to complement
incomplete evidence that was established to him, so that by both he becomes
convinced of the establishment of right to a judgment.
Article 156: Each litigant may prove what negates the presumption inferred by the judge,
in which case the presumption loses its value for proof.
Article 157: In a dispute over ownership, possession of movable property shall be a simple
presumption of ownership by the possessor. The adversary may prove otherwise.
PART TEN
JUDGMENT
Chapter I
Rendering Judgment
Article 158:
Once proceedings are completed the court shall adjudge the case forthwith or
postpone rendering judgment to a hearing which it shall schedule soon and
inform the litigants of the closing of proceedings and of the time for
pronouncing judgment.
Article 159: If there are several judges the deliberation of the judgment shall be in secret.
Except as provided in Article 161, only judges who have heard the arguments
may participate in the deliberations.
Article 160:
During deliberations the court may hear clarifications from a litigant only in
the presence of the other litigant.
Article 161:
If several judges considered the case, judgment shall be by unanimous or
majority opinion and the minority shall enter its opinion in advance in the
record. If no majority is obtained or if opinions diverge into more than two, the
Minister of Justice shall designate a judge to support one of the opinions so that
a majority is obtained for judgment.
Article 162:
After proceedings are closed and a judgment is rendered in the case the
judgment shall be entered into the proceedings record preceded by the grounds
on which it was based, and signed by the judge or judges who participated in
the consideration of the case.
Article 163: The judgment shall be pronounced by reading its wording in an open hearing,
or by reading its wording and grounds. The judges who participated in the
deliberation shall be present when the judgment is read. If something prevents a
judge from attending he may be absent if he had signed the judgment entered
into the record.
Article 164: After the judgment the court shall issue a decree containing a summary of the
case, responses, valid defenses, verbatim testimony of witnesses along with
attestation of their characters, oaths, names of judges who participated in the
judgment, the name of the court which considered the case, and the grounds,
number and date of the judgment, omitting redundant and repetitious sentences
that have no bearing on the judgment.
Article 165:
After pronouncing the judgment the court shall apprise litigants of the
prescribed methods and deadlines for objection. Guardians, trustees, overseers
[of pious endowments], public treasury administrators and officials, and
representatives of government agencies shall also be apprised the moment
judgment is rendered against those they represent, or for less than they
requested, that the judgment must be appealed and that the court will forward
the case to the Appellate Court.
Article 166: If a judge’s jurisdiction over a case lapses before a judgment is rendered, his
successor may continue with the case from the point where the proceedings of
his predecessor ended. He shall read to the litigants what is already in the
record, which he shall honor if it had been signed by the previous judge under
the signatures of the litigants and witnesses.
Article 167:
Notice of the judgment which governs execution shall be stamped with the
stamp of the court after the execution formula is added, and shall be delivered
only to the litigant who has an interest in its execution. Nevertheless, copies of
the judgment minus the execution formula may be given to any interested
party.
Chapter II
Correction and Interpretation
of Judgments
Article 168: The court by a decision it issues at the request of a litigant or on its own
accord shall correct whatever purely writing or mathematical errors may have
occurred in the judgment deed. Such correction shall, after the decision is
entered into the case record, be made on the judgment’s original and signed by
the judge or judges of the court that rendered it.
Article 169: If a court rejects the correction, the objection thereto shall be in conjunction
with the objection to the judgment itself. A decision to make corrections may
be independently objected to through the permissible methods of objection.
Article 170: If the wording of the judgment is vague or confusing, the litigants may
request an interpretation from the court that rendered the judgment. Such
request shall be made through ordinary methods.
Article 171:
The interpretative judgment shall be added to the original of the judgment and
signed by the judge or judges of the court that rendered the judgment. The
interpretation shall be considered as complementary to the original judgment and
shall be subject to the methods of objection which are applicable to the original
judgment.
Article 172: If a court neglects to decide on requests related to subject matter, the party
concerned may request the court to ask his adversary to appear before it,
following normal procedures, for consideration of the request and a ruling
thereon.
PART ELEVEN
METHODS OF OBJECTING TO JUDGMENTS
Chapter I
General Provisions
Article 173: Methods of objection to judgments are appeal and petition to reconsider.
Article 174: Only the party against whom judgment is rendered may object to it. A person
who has accepted the judgment or was awarded all his requests may not object
unless the laws provide otherwise.
Article 175: No objection may be made to rulings issued before the case is decided and
with which the litigation does not end wholly or partially except in conjunction
with the objection to the judgment on the merits. Objection before judgment on
the on merits may be permitted against a decision to suspend the case and
against temporary and summary rulings.
Article 176:
The time limit for objecting to a judgment shall begin from the date the
notification of the judgment is delivered to the person who lost the case and his
signing the record, or from the date prescribed for his receiving the notification
if he was not present. The time limit of objecting to a default judgment shall
start from the date it is communicated to the person who lost the case or to his
attorney-in-fact.
Article 177:
The time limit for objecting shall be suspended with the death or loss of
competence of the objector or with the loss of capacity of the one on whose
behalf the proceeding was conducted. The suspension shall continue until the
judgement is communicated to the heirs or their representative, or the
contingency ends.
Chapter II
Appeals
Article 178: The time period for filing an appeal shall be thirty days. If a litigant does not
file an appeal during this period he loses his right to appeal. The court shall
write minutes thereof in the case record, and make a marginal note on the deed
or register thereof, that the judgment had acquired the character of finality.
Article 179: All judgments are appealable except for judgments in petty cases as defined
by the Supreme Judicial Council in a decision made by its general panel at the
recommendation of the Minister of Justice. However, if the party against whom
judgment is rendered is an endowment administrator, guardian, trustee, official
of the public treasury, or the representative of a government agency or
suchlike, or he was absent, the court must forward the judgment to the
Appellate Court for review regardless of the subject matter of the judgment.
Exceptions are:
A. A judgment against the public treasury made by a
competent judge to execute an earlier final
judgment.
B. A judgment regarding a sum of money which a
person had deposited in favor of another person or
his heirs, unless the depositor or his representative
objects thereto.
Article 180:
The objection brief, containing the judgment objected to and its date, the
grounds for objection, the requests of the objector, and reasons in support of the
objection, shall be presented to the administration of the court that made the
judgment.
Article 181: After the judge who issued the judgment appealed against reviews the
objection brief, he may, without any litigation, reconsider the judgment on the
basis of the aspects on which the objection was based. He may affirm or
amend the judgment as seems proper to him. If he affirms the judgment, he
shall forward the same along with copy of the case record and all papers to the
Appellate Court. If he amends it, the amended judgment shall be notified to the
litigants, and normal procedures shall prevail in such a case.
Article 182:
If a litigant asks to review the objection brief of his adversary, the Appellate
Court may enable him to do so if it deems it proper, and prescribe a deadline
for his response.
Article 183: The Appellate Court shall decide on the objection on the basis of the file
papers. Litigants may appear before it only if the court so decides or pursuant
to applicable laws.
Article 184: Without prejudice to the provisions of Article 180, the Appellate Court may
permit litigants to present new data in support of the grounds for objection set
forth in the brief. It may take whatever measures are helpful for deciding the
case.
Article 185: If the Appellate Court determines that the consequences of the text of the
judgment are consistent with its Shari’ah premises, it shall affirm the judgment
and draw the attention of the judge to whatever comments it may have.
Article 186:
If the judgment is objected to on the grounds of lack of jurisdiction, the
Appellate Court shall confine itself to the issue of jurisdiction.
Article 187: If the Appellate Court has comments on the judgment, it shall prepare and
send to the judge a decision to that effect. If the judge is not convinced by the
arguments of the Appellate Court, he shall respond with his views after
entering the same in the record book. If he is convinced, he shall report these
views to the litigants, listen to their statements, and enter the same in the
record. He shall then render his judgment. Such a judgment shall be appealable
if it amends the earlier judgment.
Article 188:
The Appellate Court shall affirm the judgment if it is convinced by the
judge’s response to its comments. If it is not convinced, and the judge
maintained his opinion, it may reverse the judgment in whole or in part
depending on the circumstances, giving the grounds therefor, and refer the case
to another judge.
Nevertheless, if the subject matter as it stands is ripe for judgment, and the
circumstances of the case require expeditious action, the court may adjudge the
case. If the judgment is reversed for the second time, the Appellate Court must
ajudge the case. Any time the court adjudges a case, the judgment must be in
the presence of the litigants and their arguments must be heard. Its judgment
shall be final when taken unanimously or by a majority vote.
Article 189: If it is impossible to send the comments to the judge who rendered the
judgment due to death or otherwise, the Appellate Court shall send its
comments to the successor judge, or reverse the judgment, giving the grounds
therefor.
Article 190:
Reversing a judgment shall entail revocation of all subsequent decisions and
procedures if said judgment formed their basis.
Article 191: If only part of the judgment is reversed, the other parts remain effective
unless division is not possible.
Chapter III
Petition to Reconsider
Article 192:
Any litigant may petition for reconsideration of final judgments in the
following circumstances:
A. If the judgment was based on papers that were
subsequently found to be a forgery or on a
testimony that was subsequently ruled perjury by
the competent agency.
B. If after the judgment the petitioner obtained
conclusive papers for the case that he was unable to
produce before the judgment.
C. If an act of fraud was committed by the adversary
which would have a bearing on the judgment.
D. If the judgment awards what the litigants did not
ask, or more than they had asked.
E. If the text of the judgment is inconsistent.
F. If judgment is a default judgment.
G. If the judgment is against a person not properly
represented in the case.
Article 193: The time limit for a petition to reconsider shall be thirty days from the day on
which the petitioner is established to have learned of forgery of the papers, the
testimony was adjudged to have been perjurious, the document listed under
Article 193 Paragraph B appeared, or fraud was discovered. The time limit for
situations listed under Paragraphs D, E, F and G of the preceding Article begin
from the time the judgment was communicated.
Article 194:
The petition to reconsider shall be presented by filing the petition
memorandum with the Appellate Court. The declaration must detail the
judgment subject of the petition to reconsider and the grounds for the petition.
If convinced, the Appellate Court shall make a decision to that effect and send
the petition to the competent court for consideration.
Article 195:
Neither a decision rejecting the petition nor a judgment on the merits of the
case after the acceptance thereof may be challenged by means of a petition to
reconsider.
PART TWELVE
ATTACHMENT AND EXECUTION
Chapter I
General Provisions Article 196:
Execution shall be in accordance with the copy of the judgment carrying the
execution formula. The execution formula is “All government departments and
agencies concerned are hereby requested to execute this judgment by all
available legal means even if it may require the use of coercive force by the
police.”
Article 197:
Final judgments to which the execution formula is added are:
A. Judgments excepted by a decision of the Supreme
Judicial Council as provided for under Article 179.
B. Judgments rendered or affirmed by the Appellate
Court.
C. Judgments where the deadline for objection passed.
Article 198: A judgment may not be executed coercively before it acquires finality, unless
expeditious execution was ordered in the judgment.
Article 199:
A judgment incorporating a provision for expeditious execution, with or
without bond at the discretion of the judge, shall be made in the following
circumstances:
A. Judgments in expeditious matters.
B. If the judgment is for support, nursing or housing expenses,
visitation of a minor, delivering a minor to a nurse-maid or a
woman to her mahram (male chaperon), or separating spouses.
C. If the judgment is for the payment of wages to a servant,
craftsman, workman, wet-nurse, or nurse-maid.
Article 200: If the court receiving an objection finds that the grounds for objection may
call for its reversal, it may order a stay of the expeditious execution if great
harm is feared therefrom.
Article 201:
If execution complications arise, the complications, after preventive measures
are taken if required, shall be reported to the court that rendered the judgment
for expeditious action.
Chapter II
Attachment of Debtor’s Receivables with
Third Parties
Article 202: Any creditor in possession of an enforceable judgment regarding a debt due
and payable may request the attachment of debts, albeit deferred or contingent,
which third parties owe to the debtor, as well as his movable property in the
possession of third parties.
Article 203:
The attachment request shall be by means of a notice, communicated by the
court to the garnishee, containing a copy of the judgment under which
attachment is sought, the sum for which it is attached, and forbidding that
garnishee to pay what he owes to the judgment debtor.
Article 204: The garnishee must declare to the court administration the amount he owes
within ten days of his notification of attachment. The declaration must give the
amount and cause of the debt, and reasons why it became due and payable if
that was the case, and all attachments to which he was subject. If the attached
property is movable, he shall include a detailed description thereof and shall
deposit with the court his declaration’s supporting documents or copies thereof.
The court shall deliver to the judgment creditor an official certified copy of
such declaration.
Article 205:
The garnishee shall within ten days of the date of his declaration, and after
the debt becomes due and payable or is established for fulfillment of
contingency, pay to the court the sum he acknowledged or that part thereof that
satisfies the rights of the judgment creditor.
Article 206:
If the garnishee declines to declare the amount he owes, makes a false
declaration, or conceals documents that he ought to have deposited in support
of the declaration, he may be adjudged to pay the judgment creditor the sum
attached within the limits of the debt or movable property established to be
owed to the debtor.
Article 207:
If the garnishee makes a truthful declaration of what he owes but declines to
deposit as required under Article 206, the judgment creditor may request
execution on that person’s property. If the attachment is on movable property,
it shall be sold under the procedures prescribed for selling the movable
property of the debtor with no need for a new attachment.
Chapter III
Protective Attachment
Article 208:
A creditor may request the placement of the movables of the debtor under
protective attachment if debtor has no fixed place of residence in the Kingdom,
or if creditor fears for acceptable reasons that debtor’s property would vanish
or be smuggled out.
Article 209:
A landlord may request the placement of movables or crops in the leased
property under protective attachment as a guarantee for rent that is due and
payable.
Article 210:
A person claiming ownership of movables in the possession of another may
request the placement of such movables under protective attachment, if there is
clear evidence that supports his claim.
Article 211:
A creditor of a due and payable debt may, even though he does not possess an
enforceable judgment, request the placement under protective attachment of
debts, albeit deferred or contingent, owed by third parties to the debtor as well
of debtor’s movables in the possession of third parties. A garnishee has ten
days from the date of his notification of attachment to declare the debts he
owes as provided for under Article 204, and shall make the deposit at the court
treasury as provided for under Article 205 within ten days of his notification of
a valid attachment judgment.
Article 212: Protective attachment in the circumstances set forth in the preceding four
articles may be placed only by the order of the court with jurisdiction over the
place of residence of the judgment debtor. Before issuing its order the court
may conduct the necessary investigation if it finds insufficient the documents
supporting the request for attachment.
Article 213: If a case claiming a right is filed with the competent court, the case for
attachment shall be brought before the same court for decision.
Article 214:
The judgment debtor and the garnishee shall be notified of the attachment
order within a maximum of ten days of its issuance, or else the attachment shall
be considered void. The seeker of attachment shall within the said ten days
bring to the competent court a case for the establishment of right and validity of
attachment or else the attachment shall be considered void.
Article 215: An applicant for attachment shall present to the court a written notarized
declaration from a payment and performance bondsman guaranteeing all the
rights of the judgment debtor and indemnifying him against any damages if it
transpires that the seeker of attachment was not entitled to the request.
Article 216: Protective attachment of movables shall follow the same procedures, except
for sale, as the executory attachment of movables with debtors.
Chapter IV
Enforcement against Property of the
Judgment Debtor
Article 217:
Execution on the property of the judgment debtor shall be enforced if he does
not deliver the sum awarded. This shall be done by attaching, of his movable
and immovable property, what is sufficient for executing the judgment, and, if
need be, selling some in a public auction by the court’s order pursuant to the
provisions of this chapter. The judge shall, prior to sale, determine what
movable and immovable property needs to be left to the judgment debtor.
Article 218: Execution shall be carried out by the administrative agencies assigned the
task.
Article 219: The executing officer may break doors or pick locks to effect attachment only
in the presence of a court representative who should sign the minutes.
Article 220: Attachment of the judgment debtor’s movables shall be by minutes that
individually list and describe items attached and give their estimated value. If
the property attached includes adornments or jewelry, they must be evaluated
and described through a specialized expert.
Article 221: Immediately after closing the attachment minutes the attaching officer shall
post, on the door of the place containing the attached items and on the bulletin
board set up at the court with jurisdiction over the judgment debtor, a statement
signed by him giving a general description of the items attached. This shall be
recorded in minutes appended to the attachment minutes. Items become
attached by their mere mention in the attachment minutes.
Article 222:
The attaching officer shall require the judgment debtor to present a guarantee
from a payment and performance bondsman that he would not dispose of the
attached items in his possession. If he fails to present a bondsman, the court
may place the attached items in custody pending execution. Disposal by the
attached person of items attached shall be valid only with the permission of the
competent court.
Article 223: Sale by public auction shall be held at the prescribed time and place after it is
sufficiently advertised. The execution officer shall stop the sale if it produces a
sum sufficient to cover the debt for which the attachment was made, or if the
judgment debtor brings the sum payable or a payment and performance
bondsman for a maximum period of ten days.
Article 224:
The sale may be held only if the judgment debtor is notified and given a ten-
day grace period from the notice date. Nevertheless, if the attached items are
perishable or goods subject to price fluctuations, the court may order the sale
on an hourly basis pursuant to a petition from a party concerned.
Article 225: Attachment of the real estate of the debtor shall be by minutes that give the
location, boundaries, area, ownership deed and estimated sale price of the
attached property. The agency that issued the ownership deed shall be notified
by copy of the minutes so that it may note on the register document that the
property is attached for an adjudged debt payment.
Article 226:
The court administration shall announce the sale of the real estate not more
than thirty days or less than fifteen days before the day it is to be held. This
shall be done by posting announcements on the real estate’s door, on the
court’s bulletin board and by publication in one or more large circulation
newspapers in the real estate’s area.
Article 227:
The execution officer shall hold an auction on the day scheduled for the sale.
The auction shall begin during the sale session by calling for bids and the
award shall go to the highest bidder. A bid to which no counter-bid is made for
fifteen minutes shall be considered to have ended the auction. If the highest bid
does not reach the estimated price, however, a new estimate shall be made and
the auction reopened until the highest bid reaches the estimated price.
Article 228:
The attached real estate winning bidder shall upon the termination of the sale
session deposit one tenth of the bid price and expenses, and shall deposit the
balance of the price with the court treasury within a maximum of ten days from
the date of the award. Alternatively, he may present a cashier’s check from an
accredited bank.
Article 229:
If the winning bidder fails to pay the price before the deadline, the sale shall
be repeated at his liability. The auction shall be held anew and the award shall
be made in accordance with the preceding provisions. The defaulting buyer
shall be charged auction expenses and the difference in the sale price if it is
less, but shall receive credit if the difference is more.
Chapter V
Detention of Debtors
Article 230: If the judgment debtor refuses execution of the judgment against him for a
reason other than insolvency, and it was impossible to execute on his property,
the judgment creditor may request the detention of the judgment debtor by
filing a petition with the competent administrative governor. The governor shall
order the detention of the refusing debtor for a maximum of ten days. If the
judgment debtor persists in refusing execution after that time period, he shall be
referred to the court having jurisdiction over his place of residence to consider
whether to continue his detention or to release him according to the
prescriptions of the Shari’ah.
Article 231:
If refusal of execution of judgment is by reason of insolvency, the judgment
debtor shall be referred to the court that had issued the judgment for the
determination of whether or not he is insolvent.
Article 232: A person sentenced to detention shall be released if he pays what was
adjudged against him or brings a payment and performance bondsman. In all
instances, his release shall not preclude the execution of the judgment by means
of attaching his property through regular procedures when it becomes apparent
that he has property.
PART THIRTEEN
SUMMARY PROCEDING
Article 233:
A court that has jurisdiction over consideration of the subject shall decide on
a temporary basis urgent matters related to the same dispute that the passage of
time may affect. Such decision shall not affect the subject matter of the case,
regardless of whether the request for temporary action was made directly or in
connection with the original case.
Article 234:
Summary cases include the following:
A. Cases of inspection to establish the condition.
B. Cases of an injunction against interference with
possession and of its recovery.
C. Cases of an injunction against travel.
D. Cases of enjoining charity works.
E. Cases of custodianship.
F. Cases dealing with a worker’s daily wage.
G. Other cases that are given the character of urgency
by law.
Article 235:
The time limit for attendance in summary cases shall be twenty-four hours.
This time limit may be reduced in compelling circumstances by court order.
Article 236:
A claimant of a right against another may bring to the competent court during
consideration of the case or immediately before it a summary case to prevent
his adversary from travel. The judge shall issue an injunction against travel if
there are reasons to believe that travel by the defendant is anticipated and that it
would jeopardize the right of the plaintiff or delay performance. The claimant
shall present security, as determined by the judge, to compensate the defendant
in case the plaintiff is found to be unjustified in his claim. A judgment in this
matter indemnifying the defendant for the estimated damages resulting from
delaying his travel shall be appended to the judgment in the matter.
Article 237: A person having an apparent right may bring to the court having jurisdiction
over the subject a summary case for injunction against interference with
possession or for recovery of possession. The judge shall issue an injunction
against disturbing possession or for recovery of possession if he is convinced it
is justified. Such an injunction shall have no effect on the original right, nor
may it serve as evidence therefor. A person disputing the original right may go
to court as provided for hereunder.
Article 238: A person harmed by work wrongfully done may bring to the court having
jurisdiction over the subject matter a summary case to halt the new work. The
judge shall issue an injunction if he is convinced it is justified. Such an
injunction shall have no effect on the original right, nor may it serve as
evidence therefor. A person disputing the same may go to court as provided for
hereunder.
Article 239: A case requesting custodianship of disputed movables or real estate where the
right thereto is not established shall be brought to the court having jurisdiction
over the subject matter. The judge may order placement under custody if the
party having an interest in the movables or real estate presents reasonable cause
that an imminent danger is feared should the property remain in the hands of its
possessor. The custodian shall undertake to hold and manage the property and
return it along with the proceeds derived therefrom to the person whose right
thereto is established.
Article 240:
The appointment of a custodian shall be by agreement of all parties
concerned. The judge shall make the appointment if they do not agree. The
judgment for custodianship shall specify the obligations and the rights and
powers of the custodian. If the judgment is silent on the matter, the provisions
hereof shall apply.
Article 241:
The custodian shall safeguard the property entrusted to his custody and shall
manage what requires management thereof. He shall exercise the normally
accepted care. He may not directly or indirectly substitute one of the parties
concerned in the discharge of his functions in whole or in part without the
concurrence of the remaining parties.
Article 242:
A custodian may, other than in matters of management, act only with the
concurrence of all parties concerned or by authorization from the judge.
Article 243: A custodian may collect the wages specified in the decision, unless he waives
them.
Article 244:
The custodian shall keep orderly books of account. The judge shall require
him, when necessary, to use books carrying the stamp of the court. He shall, at
intervals specified by the judge, or annually at least, give the parties concerned
an accounting, duly supported by documents, of his receipts and expenditures.
If the custodian is appointed by the court he shall additionally deposit a copy of
such an accounting with the court’s administrative office.
Article 245: Custodianship shall end by agreement of all the parties concerned or by a
judgment of the judge. The custodian shall then proceed or return what was
placed under his custody to the person chosen by the parties concerned or
appointed by the judge.
PART FOURTEEN
Chapter I
Registration of Endowments and Declarations
Article 246:
A judge may register a pious endowment only after ownership by the
endower is established and it is ascertained that it is free from whatever may
prevent registration.
Article 247:
A person requesting the registration of an endowment shall present to the
competent court an application to that effect enclosing an official document
attesting to his ownership of the property in question.
Article 248: The status of endowments that have no registration deeds shall be established
in accordance with the rules and procedures for establishing ownership.
Article 249:
Without prejudice to the rules governing ownership of real estate by non-
Saudis, registration as endowment of real estate in the Kingdom owned by a
foreigner is permitted only under the following conditions:
A. The endowment shall comply with the requirements of the
Shari’ah.
B. The endowment shall be for a charitable cause in perpetuity.
C. The endowment shall be for Saudi individuals or charitable
agencies in the Kingdom.
D. The administrator of the endowment shall be a Saudi.
E. The endowment deed shall prescribe that the Supreme
Endowments Council shall have supervision over the
endowment.
F. The endowment shall be subject to the Endowments Law in the
Kingdom.
Article 250:
If circumstances require the transfer of an endowment, the administrator of
the endowment, whether a private administrator or the Endowment
Department, may perform the transfer transaction only after obtaining the
permission of the Shari’ah judge in the town where the endowment is located,
and establishing the legal justification for the transfer, provided that the
proceeds are immediately placed into something similar in kind. All that shall
be completed after the approval of the Appellate Court.
Chapter II.
Establishment of Title
Article 251:
Establishment of title means a request for a deed establishing ownership of
real estate not prompted by a contention from an adversary, though it does not
preclude hearing the case concerning the right, if any.
Article 252: Without prejudice to the rules of ownership of real estate by non-Saudis, any
person claiming ownership of real estate, whether a land or a building, shall
have the right to request a deed establishing title from the court under whose
jurisdiction that real estate lies.
Article 253:
A request for an establishment of title deed shall be in the form of a petition
detailing the type, location, area, and boundaries of the real estate, and the
ownership document, if any.
Article 254:
Before proceeding with recording the declaration and initiating the relevant
evidentiary procedures thereof, the court shall write to the municipality, the
Ministry of Islamic Affairs, Endowments, and Call and Guidance, and the
Ministry of Finance and National Economy - and with respect to property
outside cities and villages to the National Guard, the Ministry of Defense and
Aviation, the Antiquities Department of the Ministry of Education, the Ministry
of Agriculture and Water, the Ministry of Petroleum and Mineral Resources,
and the Ministry of Communications- or the branches of such ministries and
departments or what serves in their stead, and other agencies which orders
prescribe should be contacted, inquiring whether they have any objection to the
declaration. The court shall also request publication of the establishment of title
application in a newspaper published in the area of the real estate. If no such
newspaper is published, the court shall request publication by the newspaper
having the largest circulation there, plus posting copies of the announcement on
the bulletin board at the door of the court and the amirate, or the province or the
precinct.
Article 255:
In addition to what is set forth in the preceding article, the court shall, if
requested to establish title to unowned land, write to the Royal Authority
concerning the matter.
Article 256: If sixty days elapse after notifying the official agencies concerned or after
publication, as prescribed under the preceding two articles, without any
objection, the procedures for establishing title shall be completed unless there
is a Shari’ah or a legal impediment.
Article 257: The court must ascertain the accuracy of the real estate’s area, perimeters,
and boundaries and the judge or his designee shall make a site inspection with
an engineer if necessary. Once legal title is established, the ownership deed
shall be issued.
Article 258: If there is a dispute before a court over real estate that has no registered deed,
the court, in the process of hearing the case, shall carry out the establishment of
title procedures as prescribed under the preceding articles.
Article 259:
No title deed may be issued for the land and buildings of Mina and other
places of religious rites. Should litigation arise regarding any such matter,
whether over ownership or usufruct of the real estate, and a party produced a
document, the court shall forward a copy of the litigation record and the
document produced to the Appellate Court, without issuing a deed embodying
the result of the litigation.
Chapter III
Establishing Death and Determination of
Successors
Article 260:
An applicant for establishing death and determination of successors shall
submit a declaration to that effect to the competent court. The declaration shall
include the name of the deceased and the date and time of death and place of
residence of the deceased, and witnesses to the death or death certificate in
areas where medical centers exist. As to determination of successors, it shall
include a document establishing the names, capacity, nature of relationship to
the testator, and witnesses for deaths occurring after this Law has come into
force.
Article 261:
The court, when need be, may request the declarant to publish the application
for the establishment of death and determination of successors in a newspaper
published in the area of the deceased, and, if no such newspaper is published, in
the newspaper having the largest circulation there. The court may also request
the competent administrative governor of the region to investigate the
applicant’s request for establishing death and determination of successors. The
answers must be signed by the applicant and certified by the administrative
agency which conducted the investigation.
Article 262:
The judge shall investigate the matter personally if he finds the results of the
investigation insufficient. Once procedures are completed, he shall issue a
death deed if death is established and a specific determination of successors
giving the name, capacity, and date of birth of the heirs as per the tenets of the
Shari’ah.
Article 263: The deed establishing death and determination of successors in the said form
shall be authoritative unless a judgment to the contrary is rendered.
PART FIFTEEN
CONCLUDING PROVISIONS
Article 264:
The Minister of Justice shall issue the Implementing Regulations of this Law.
Article 265: This Law shall supersede the Organization of Administrative Functions in the
Shari’ah Court System, sanctioned by Royal Approval No. 109, dated 24
Muharram 1371 [14 October 1952], as well as Articles (52, 66, 82, 83, 85) and
(84 regarding civil cases) and 85 of the Law for Centralizing Responsibilities in
the Shari’ah Court System, sanctioned by Royal Approval No. 109, dated 24
Muharram 1372 [14 October 1952], and whatever provisions that are
inconsistent therewith.
Article 266:
This Law shall be published in the official gazette and shall take effect one
year after the date of publication.