Article 49 of the Saudi Basic Law of Governance
المادة 49 من النظام الأساسي للحكم · الباب السادس: سلطات الدولة
The Article makes the courts competent to decide all disputes and crimes, subject to Article 53 on the Board of Grievances.
Official text (Arabic)
This article has not been amended since the law was issued.
مع مراعاة ما ورد في المادة الثالثة والخمسين من هذا النظام، تختص المحاكم في الفصل في جميع المنازعات والجرائم.
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 49 explained in plain English
This Article sets out the general jurisdiction of the courts; the courts are competent to decide:
- All disputes;
- And crimes.
But the Article begins with the phrase "subject to what is stated in Article 53 of this Law". Article 53 provides that the law sets out the organization of the Board of Grievances and its powers. The meaning of this limitation is that the general jurisdiction of the courts is read together with the powers the law sets for the Board of Grievances, without Article 49 or Article 53 stating what those powers are.
The Article comes in the context of the Articles on the judiciary: Article 48 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, and Article 50 provides that the King or whoever he delegates is concerned with the enforcement of judicial judgments. Article 49 sets out what the courts decide, Article 48 what they apply, and Article 50 who is concerned with enforcing the judgments that are issued.
In practical terms, determining the body competent over a particular dispute depends on the powers set out by the law, and anyone with a dispute would be well advised to consult a lawyer who specializes in administrative cases or in the field of the dispute to learn the competent body.
Practical example
Salman has a dispute with a company, and his neighbor has a dispute with a government body. Article 49 makes the courts competent over all disputes and crimes, subject to Article 53, which refers the powers of the Board of Grievances to the law; so determining the body competent over each of their disputes goes back to what the law sets out.
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 49 of the Saudi Basic Law of Governance
What are the courts competent over in Saudi Arabia?
Article 49 provides that the courts are competent to decide all disputes and crimes, subject to Article 53.
What is meant by subject to Article 53?
Article 53 provides that the law sets out the organization of the Board of Grievances and its powers, so the courts' jurisdiction is read together with what the law sets for the Board.
Does Article 49 set out the powers of the Board of Grievances?
No. The Article refers to Article 53, which refers that to the law.
Articles this article refers to
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 47
The Article guarantees the right of litigation equally to citizens and residents of the Kingdom, and refers its procedures to the law.
حق التقاضي مكفول بالتساوي للمواطنين والمقيمين في المملكة ، ويبين النظام الإجراءات اللازمة لذلك.
- 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 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.