Article 47 of the Saudi Basic Law of Governance
المادة 47 من النظام الأساسي للحكم · الباب السادس: سلطات الدولة
The Article guarantees the right of litigation equally to citizens and residents of the Kingdom, and refers its procedures to the law.
Official text (Arabic)
This article has not been amended since the law was issued.
حق التقاضي مكفول بالتساوي للمواطنين والمقيمين في المملكة ، ويبين النظام الإجراءات اللازمة لذلك.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 47 explained in plain English
This Article establishes the right of litigation, that is, a person's right to turn to the courts to claim his right or defend it. It contains three elements:
- The right is guaranteed: that is, the State ensures it.
- Equally to citizens and residents: the right is not limited to citizens but covers residents of the Kingdom, and it belongs to all on an equal footing.
- The procedures are set out by the law: the Article does not specify how to file a lawsuit, the competent court, the deadlines or the fees, but leaves that to the law.
The Article is linked to Article 46, which provides that the judiciary is an independent authority and that there is no authority over judges in their judgments other than the authority of Islamic Sharia, and to Article 48, which provides that the courts apply to the cases before them the rules of Islamic Sharia in accordance with the Book and the Sunnah, and the laws issued by the ruler that do not conflict with them.
In practical terms, the Article indicates that a resident of the Kingdom has the right to turn to the courts like a citizen, and that the route to do so is determined by the legal procedures. Anyone who wants to file a lawsuit would be well advised to consult a lawyer who specializes in the field of the dispute to learn the procedures that apply to their situation.
Practical example
Rami is a resident in Riyadh who has a dispute with a person who borrowed a sum of money from him. Article 47 guarantees him the right of litigation equally with citizens, while how to file the lawsuit and the competent court are set out by the law, not by this Article.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 47 of the Saudi Basic Law of Governance
Can a non-Saudi resident file a lawsuit in the Kingdom?
Yes. Article 47 provides that the right of litigation is guaranteed equally to citizens and residents of the Kingdom.
Does Article 47 set out the procedures for filing a lawsuit?
No. The Article provides that the law sets out the procedures needed for this.
Are citizens and residents equal before the courts?
The Article provides that the right of litigation is guaranteed "equally" to citizens and residents.
More articles on Judicial Authority and Judicial Independence
- Article 44
The Article sets out the State's three authorities, the judicial, executive and regulatory, provides that they cooperate in accordance with the laws, and states that the King is their reference.
تتكون السلطات في الدولة من : - السلطة القضائية. - السلطة التنفيذية. - السلطة التنظيمية. وتتعاون هذه السلطات في أداء وظائفها، وفقا لهذا النظام وغيره من الأنظمة،
- Article 46
The Article provides that the judiciary is an independent authority and that there is no authority over judges in their judgments other than the authority of Islamic Sharia.
القضاء سلطة مستقلة، ولا سلطان على القضاة في قضائهم لغير سلطان الشريعة الإسلامية .
- Article 48
The Article requires the courts to apply the rules of Islamic Sharia in accordance with the Book and the Sunnah, and the laws issued by the ruler that do not conflict with them.
تطبق المحاكم على القضايا المعروضة أمامها أحكام الشريعة الإسلامية ، وفقا لما دل عليه الكتاب والسنة، وما يصدره ولي الأمر من أنظمة لا تتعارض مع الكتاب والسنة.
- Article 49
The Article makes the courts competent to decide all disputes and crimes, subject to Article 53 on the Board of Grievances.
مع مراعاة ما ورد في المادة الثالثة والخمسين من هذا النظام، تختص المحاكم في الفصل في جميع المنازعات والجرائم.
- Article 50
The Article provides that the King or whoever he delegates is concerned with the enforcement of judicial judgments.
الملك أو من ينيبه معنيون بتنفيذ الأحكام القضائية.
- Article 51
The Article refers to the law the composition and powers of the Supreme Judicial Council, and the organization and powers of the courts.
يبين النظام تكوين المجلس الأعلى للقضاء واختصاصاته، كما يبين ترتيب المحاكم واختصاصاتها.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.