شرح نظام المرافعات الشرعية السعودي 1443 وأهم أحكامه

شرح نظام المرافعات الشرعية السعودي 1443 وأهم أحكامه , مما لا شك فيه أن هذا الموضوع من أهم وأفضل الموضوعات التي يمكن أن أتحدث عنها اليوم، حيث أنه موضوع شيق ويتناول نقاط حيوية، تخص كل فرد في المجتمع، وأتمنى من الله عز وجل أن يوفقني في عرض جميع النقاط والعناصر التي تتعلق بهذا الموضوع.

Explanation of the Saudi legal pleadings system 1443 and its most important provisions. The legal pleadings system is one of the legal systems in Saudi Arabia. It specializes in organizing the procedures on which cases are based in court, starting from filing the case until the time of the final judgment, in addition to defining the methods of appealing these cases, through The reference site, we will learn about an explanation of the Saudi legal pleading system for the year 1443.

legal pleading system

The legal pleading system is one of the procedural systems followed in the Kingdom of Saudi Arabia. It is a system dedicated to organizing work in the Sharia courts in the Kingdom of Saudi Arabia. The legal pleading system consists of 242 articles and contains a number of provisions, the most important of which are:[1]

• The lawsuit and its terms and conditions.
• Scope of application of the system.
• Validity of pleading procedures.
• File and record the case.
• Submit the claim statement.
• Attendance dates after filing the lawsuit.
• Attendance of the litigants before the court.
• Absence of opponents in court sessions.
• Power of attorney in litigation.
• Session procedures and rules.
• defences.
• Input and interference.
• casual requests.
• stop litigation.
• discount break.
• Leave the discount.
• Judges step down.
• Considered calendar.
• Determine the place of residence.
• Transfer the case to another court.
• Reporting controls.
• How to report.
• How to submit a notification copy.
• International jurisdiction.
• The specific jurisdiction of the courts.
• The territorial jurisdiction of the courts.
• The judges responded.
• Evidence procedures.
• Interrogation of opponents.
• Acknowledgment.
• right.
• Inspection.
• Certificate.
• Experience.
• handwriting.
• Clues.
• judgments.
• Making judgments.
• Correction of judgments.
• Interpretation of judgments.
• Objection to judgments.
• Appeal.
• veto.
• petition for reconsideration.
• Expedited elimination.
• Terminations.
• Awqaf and Palace.
• consolidation.
• Proof of death.
• Inventory of heirs.
• Final provisions.

When does witness testimony drop in Saudi law?

Explanation of the Saudi legal pleading system 1443

Below we review an explanation of the most important and prominent legal pleadings that have been explained, which come within the system of legal pleadings in Saudi Arabia, and are as follows:

• The current legal pleading system was issued in Saudi Arabia in 1421 AH, and this system was not the only one that was implemented in the judicial system, as the legal pleadings system was issued for the first time in Saudi Arabia in 1346 AH.
• In the year 1350 AH witnessed the issuance of what was known as the “System of the Conduct of Shari’a Trials,” which included 36 articles.
• In the year 1355 AH, the pleadings system was issued and the system includes 142 articles.
• In the year 1372 AH, a system was issued known as the “Regulation of Administrative Work in Sharia Departments,” which included 92 articles, and it was similar to the previous system with some modifications and the deletion of some articles.
• Work continued in the previous system with an amendment such as adding a “system of concentration of responsibilities for the Sharia judiciary”.
• In 1421 AH, the “Shari’a Pleadings System” was issued, which is currently in effect. This system is concerned with issuing judgments, in addition to entering and interfering, withholding, implementing and reconsidering cases.

The text of Article 200 of the Law of Pleadings Law

Al-Kashef book explaining the legal pleading system

The writing of “Al-Kashef in Explanation of the Saudi Legal Procedures System” bears the responsibility of clarifying in addition to an explanation of the matters of the system. Below we review an overview of Al-Kashef’s book and the most important information about it regarding the explanation of the Shariah pleadings system:

• The book was written by Sheikh Abdullah bin Muhammad bin Khaneen, who holds the position of a member of the Council of Senior Scholars, and he also held the position of a judge at the Court of Cassation in the Saudi capital in Riyadh, where he worked on two parts of this book.
• He sought through his method to discover, scrutinize and explore the legal pleading system, which is the main goal sought from him.
• He was keen to clarify many systemic matters that are ambiguous or difficult to understand.
• The book provides an easy explanation of how many judges and lawyers work, as it was able to make the process of understanding and understanding the articles of the legal pleadings system easy and simple.

Article 178 of the Law of Pleadings Law

Article 178 of the Saudi Law of Pleadings Law is one of the articles that fall into Chapter Eleven, which is titled “Methods of Objecting to Judgments.” The annotated clarification of this exclusively, represented in the appeal, petition and cassation, as follows, we review Article 178, which states the following:

• “It is not permissible to object to the judgments issued before the case is decided, and the litigation does not end in all or part of it except with the objection to the judgment issued in the matter. Topic”.

• “Objection to temporary and summary judgments and judgments subject to compulsory enforcement shall not result in the suspension of their implementation.”

When does the judgment gain peremptory?

Explanation of Article 178 of the Law of Pleadings Law

In the first paragraph of Article 178, the dates for submitting objections to judgments issued by the courts have been clarified. An objection to a judgment issued by the court is not submitted before it decides on the judgment of the case, and it is not permissible to object to judgments that have not ended the litigation, whether part of them or all of them, so that the judgment is issued on them after the court decides the matter, and objection to some types of judgments during the course of the case can be excluded, and they are as follows:

• Judgment to stay the case.
• temporary provisions.
• Urgent judgments.
• Judgments that accept forced execution.
• Judgments issued without jurisdiction before the matter is judged.

While the second paragraph of the article deals with the provisions resulting from objecting to the judgments issued before the decision on any subject, which have been previously stated, as emphasizing this type of provisions does not lead to suspension of their work.

Article 159 of the Law of Pleadings Law

Article 159 of the Saudi Personal Pleadings Law is among the articles of Chapter Ten, which bears the name of the provisions in the Personal Pleadings Law, and the article states as follows:

“Whenever the case is pleaded, the court decides it immediately, or postpones the issuance of the judgment to another session that it specifies, with the litigants informed of the closing of the pleading and the date of pronouncement of the judgment.”

This article deals with the details of the judicial ruling, as the article obliges the court to work on pronouncing the ruling immediately after the completion of the pleading and working on presenting the defense to the parties to the case. Another session where it is determined by the court, where the litigants are notified and clarified that the pleading has been closed, so that the scheduled date for pronouncement of the verdict is set.

Article 55 of the legal pleadings system

Article 55 of the Law of Pleadings Law deals with the provisions of the plaintiff’s absence from court sessions without presenting an acceptable excuse, as the article states the following:

If the plaintiff is absent from a session of the lawsuit and does not present an excuse acceptable to the court, the lawsuit shall be cancelled. He may then request the continuation of consideration of it, according to the circumstances, at which point the court sets a session for its consideration and informs the defendant of that.

Work has been done to update the article by virtue of a royal decree bearing No. M/38 dated Rabi’ Al-Awwal 30/1441 AH. The article, after amendment, states the following:

If the plaintiff does not attend any of the hearings of the case and does not present an excuse acceptable to the court, it may decide to strike it off. If (sixty) days have elapsed and the plaintiff has not requested to walk in it after crossing it off, or if he did not attend after walking in it, it shall be counted as if it had not been.

Explanation of Article 55 of the Law of Pleadings Law

Article 55 includes a detail of the judgment of the plaintiff (the claimant) who does not attend one of the lawsuit sessions without presenting any excuse acceptable to the court. The case is considered as if it did not exist, and in this case a request is made to file a new lawsuit, and based on this article, the plaintiff in the event that he has special compelling circumstances for not attending the session, he must submit to the court a request for non-attendance for a reason that is logical and acceptable to the court. If he submits an excuse, the case will be cancelled, and he may submit a request to re-complete the procedures in the case within sixty days from the date of writing off the case, otherwise the case will be considered null.

Article 76 of the legal pleadings system

Article 76 falls within the Saudi legal pleadings system, which is among the provisions of Chapter Six that relate to all of the following: defenses, intervention, insertion, and interlocutory requests, as Article 76 states that it deals with the provisions of the plea that the court lacks jurisdiction based on the following:

• The plea that the court has no jurisdiction due to the lack of its jurisdiction or because of the type or value of the lawsuit, or the plea that the lawsuit is not accepted due to lack of capacity, capacity, interest, or any other reason, as well as the plea that the lawsuit may not be considered because it has already been decided; It may be pleaded at any stage in which the case is, and the court shall rule on it on its own.”
• “If the court finds that the plea for not accepting the case is based on a defect in the defendant’s capacity, it shall postpone hearing the case in order to notify the person of the capacity.”

Explanation of Article 76 of the Law of Pleadings Law

The explanation of Article 76 of the Saudi Law of Pleadings deals with the provisions of the plea that the court lacks jurisdiction, which are as follows:

• Absence of the court’s jurisdiction.
• suit type.
• The value of the lawsuit.

The article deals with the provisions of the plea for non-acceptance of the case, which are as follows:

• lack of character
• Lack of eligibility.
• lack of interest.

The court decides that it has no jurisdiction on its own, in addition to the argument that the case may not be considered, and in all of these cases it is defended at any stage of the trial, and the court also decides on its own to postpone the hearing of the case for the purposes of notifying the person in the capacity in the event that it sees a defect in a capacity The defendant, if the defect still exists on a valid basis from the court.

Article 200 of the legal pleadings system

Article 200 of the Law of Pleadings Law in Saudi Arabia is one of the most important articles, which belongs to Chapter Eleven, which deals with methods of objection to judgments, whether using ordinary methods or through exceptions. Article 200 deals with cases of petition and review, based on the following text:

• “Any of the litigants has the right to petition for reconsideration of the final judgments in the following cases:
  • If the judgment was based on documents that appeared to be forged after the judgment, or it was based on a testimony judged by the competent authority after the judgment – that it is false testimony.
  • If, after the ruling, the petitioner obtains conclusive documents in the case, he was unable to produce them prior to the ruling.
  • If fraud occurred from the opponent that would affect the judgment.
  • If the judgment decides something that the litigants did not ask for, or if it decides more than what they requested.
  • If the utterance of the judgment contradicts each other.
  • If the judgment is in absentia.
  • If the judgment is passed against a person who was not properly represented in the case.
• A person against whom the judgment is an argument and who has not entered or intervened in the case has the right to petition for a review of the final judgments.

Explanation of the provisions of Article 200 of the legal pleadings system

Appealing a judgment issued by a petition is one of the extraordinary methods of appeal against judgments that are resorted to in a number of cases specified by law, where a petition for reconsideration of final judgments may only be requested. Submit a petition, in the following cases:

• In the event that the verdict was forged documents approved, or this was proven after the verdict was issued.
• In the event that the judgment was based on false testimony and its perjury has been proven by the competent authority.
• In the event that definitive and conclusive papers appeared, the opponent was not able to obtain them so that they were submitted to the court before the ruling.
• In the event of an opponent committing fraud, what affected the court’s opinion in issuing the judgment.
• In the event that the judgment decreed something that the litigants did not request, or that it decreed more than what the litigants requested from the court.
• In the event that the verdict is contradictory to each other.
• In the event that the judgment was issued and one of the litigants did not have an official and valid representation in the case.

Article 202 of the Law of Pleadings Law

Article 202 falls within the provisions regulating the petition for review, as it deals with the procedures regulating the petition, and it stipulates the following:

• “The petition for reconsideration shall be filed in a newspaper filed with the court that issued the judgment. The newspaper must include a statement of the judgment requested to be reconsidered, its number and date, and the reasons for the petition. The court administration shall record the newspaper on the day it was deposited in the relevant register. If the judgment is supported by the Supreme Court or by the Court of Appeal, the court that issued the judgment shall submit a petition for reconsideration to the court that upheld the judgment to consider the petition. The court – as the case may be – must prepare a decision to accept the petition or not. If it accepts it, the court that issued the judgment will consider the case, and it must inform the parties to the case. If you do not accept it, the petitioner may object to the non-acceptance in accordance with the procedures established for the objection, unless the decision is issued by the Supreme Court.
• “The filing of the petition does not entail a stay of execution of the judgment. However, the court that considers the petition may order a stay of execution whenever he requested that, and it was feared that the execution would cause serious and irreparable harm. When the court orders a stay of execution, it may require the submission of a full debtor guarantee or surety, or it may order whatever it deems necessary to preserve the right of the objector.”

Sharia pleadings system 1443 pdf

The system of legal pleadings is available with its latest amendments for the year 1442 AD, in addition to the executive regulations of the system through the Saudi Judicial Scientific Society. Judicial research and practical studies that highlight the importance of the Islamic judiciary in addition to the advantages enjoyed by the judicial system. System executable, direct download link “from here”.

Types of courts in Saudi Arabia and their jurisdiction

Here we have come to the end of our article and we have learned through it the explanation of the Saudi legal pleading system 1443 and its most important provisions. We have attached the file of the legal pleadings system 1443 pdf.

خاتمة لموضوعنا شرح نظام المرافعات الشرعية السعودي 1443 وأهم أحكامه ,وفي نهاية الموضوع، أتمنى من الله تعالى أن أكون قد استطعت توضيح كافة الجوانب التي تتعلق بهذا الموضوع، وأن أكون قدمت معلومات مفيدة وقيمة.