In force
Saudi Law of Evidence
نظام الإثبات
The Law of Evidence of Saudi Arabia. This page presents the official Arabic text of each article with plain-English explanations for residents and businesses.
- Articles
- 129
- In force
- 129
- Amended
- 0
- Issued
- 26/5/1443 AH
Issued by: مرسوم ملكي رقم (م/43) وتاريخ 1443/5/26هـ · قرار مجلس الوزراء رقم (283) وتاريخ 1443/5/24هـ
Each article shows the official Arabic text, which is the only legally binding version, followed by our plain-English explanation.
Browse Law of Evidence by topic
Burden of Proof and General Provisions22 articlesAdmission and Questioning of Parties13 articlesProof by Writing22 articlesDenying a Signature and Challenging for Forgery15 articlesDigital Evidence15 articlesTestimony and Witnesses22 articlesPresumptions, Custom and Res Judicata8 articlesThe Oath22 articlesInspection and Expert Opinion19 articles
Articles of the Saudi Law of Evidence
الباب الأول: أحكام عامةArticles 1–13
- Article 1Article 1 defines the scope of the Law of Evidence, providing that its provisions apply to civil and commercial transactions.
- Article 2The article requires the claimant to prove his right and gives the defendant the right to deny it, requires facts to be relevant, material and admissible, and prevents the judge from ruling on his personal knowledge.
- Article 3The article sets general rules of evidence: the evidence is on the claimant and the oath on the denier, the function of each, and the difference between the force of evidence and of admission.
- Article 4If items of evidence conflict and cannot be reconciled, the court takes the one that is preferred in light of the case's circumstances, otherwise none, and must state its reasons in the judgment.
- Article 5The law does not require any particular form to prove an obligation, unless a special provision or an agreement between the parties says otherwise.
- Article 6The court gives effect to the parties' agreement on specific rules of evidence unless it violates public order, and such an agreement is not recognized unless it is in writing.
- Article 7Judgments, orders and decisions issued in evidence procedures need not state reasons unless they contain a final ruling, and judgments in urgent evidence claims must always state reasons.
- Article 8The court must set a date for any evidence procedure it decides to carry out or assigns to one of its judges, and may carry it out even if the parties are absent once they have been notified of the date.
- Article 9The court may withdraw from an evidence procedure it ordered, if it states reasons in the session record, and may decline to adopt its result, if it states reasons in the judgment.
- Article 10Any evidence procedure taken electronically is subject to the same provisions set out in the Law of Evidence.
- Article 11Admission, interrogation, testimony and the oath take place before the court, which may move or assign a judge if that is not possible, and delegates the court of the place of residence if evidence cannot be taken electronically.
- Article 12A mute person's admission, interrogation, testimony and oath, and the directing, refusing and returning of it, are done in writing, or if he cannot write, by his customary gestures.
- Article 13The court may adopt evidence procedures carried out outside the Kingdom unless they violate public order, without prejudice to the Kingdom's obligations under international agreements.
الباب الثاني: الإقرار واستجواب الخصومArticles 14–24
- Article 14An admission is judicial if the opponent acknowledges before the court a fact alleged against him during a case relating to it, and non-judicial if it was not made before the court or was made in another case.
- Article 15The person making an admission must have capacity to deal with what he admitted; a discerning minor's admission is valid to the extent of his authorization, as is a guardian's, executor's or waqf administrator's within the limits of their authority.
- Article 16An admission may be express or implied, oral or written, and is not accepted if the apparent position contradicts it.
- Article 17A judicial admission is conclusive proof against the person making it, and its effect is confined to him alone and not to others.
- Article 18The person making an admission is bound by it and may not retract it, and an admission is not divided against him unless it concerns several facts, none of which necessarily implies the existence of another.
- Article 19A non-judicial admission is proved in accordance with the provisions of the Law of Evidence, and may not be proved by testimony except in cases where proof by testimony is permitted.
- Article 20The court, of its own motion or at a party's request, may interrogate parties who are present, and each party may interrogate his opponent directly.
- Article 21The court may order a party to appear to be interrogated; if he fails to attend or refuses to answer without excuse, the court draws what it sees fit and may accept testimony and presumptions where they would not otherwise be permitted.
- Article 22The representative of a person lacking or having limited capacity is interrogated, a discerning person may be questioned on matters he is authorized to handle, and a legal person is interrogated through its legal representative, provided he has capacity to deal with the disputed right.
- Article 23The answer to interrogation is given at the same session unless the court sees fit to give a date for it, in the presence of the one who requested the interrogation, without the interrogation depending on his attendance.
- Article 24A party may object to a question put to them, stating the ground for the objection, and the court must bar any question that is irrelevant, immaterial to the case, or inadmissible.
الباب الثالث: الكتابةArticles 25–52
- Article 25An official document is one in which a public employee or person assigned to a public service records matters in accordance with legal formalities and within their authority; otherwise it has the force of an ordinary document if signed by the persons concerned.
- Article 26An official document is binding on everyone as to what its author did within his task or what occurred in his presence, unless forgery is proven, and what the persons concerned stated in it is binding on them unless the contrary is proven.
- Article 27An official copy of an official document whose original exists is binding to the extent it matches the original; it is treated as matching unless a person concerned disputes it, in which case it must be compared with the original.
- Article 28If the original of an official document does not exist, an official copy has the force of the original if its appearance leaves no room for doubt that it matches, and other copies are taken into account only for guidance.
- Article 29An ordinary document is binding on the person who signed it unless he expressly denies his handwriting, signature, seal or fingerprint, and a denial is not accepted from a person who has discussed the substance of the document before the court.
- Article 30Correspondence that is signed, or proven to be attributable to its sender, has the force of an ordinary document, unless the sender proves that he did not send it and did not assign anyone to send it.
- Article 31The Article explains when merchants' books are binding for or against their owner, that they are not binding on non-merchants, and when the court may administer the supplementary oath based on them.
- Article 32Private books and papers, even if recorded digitally, are not binding on the person who wrote them unless he expressly states in them that he collected his debt or intended them to serve in place of a bond.
- Article 33A creditor's annotation on a debt bond, another copy of it, or a receipt, indicating that the debtor is discharged, is binding on the creditor under specific conditions.
- Article 34The Article allows a party to ask the court to compel his opponent to produce a material document in his possession in three cases, and sets out the details required for the request to be accepted.
- Article 35The Article sets out when the court orders the opponent to produce the requested document, and the consequences if he refuses to produce it or denies that it exists.
- Article 36In commercial cases, the Article allows a party to request production or inspection of a document relevant to the case under set conditions, and allows the court to treat a refusal as a presumption.
- Article 37The Article allows the court, on its own or at a party's request and at any stage, to bring in a third party to be required to produce a document, and to request documents or information from public bodies.
- Article 38The Article gives the court power to assess the effect of physical defects in a document on its evidentiary force, to accept all or part of it, and to question its issuer or author where its validity is doubtful.
- Article 39The Article distinguishes between a claim of forgery, which applies to official and ordinary documents, and denial of handwriting, seal, signature or fingerprint, which applies only to ordinary documents, and sets the burden of proof.
- Article 40The Article sets the conditions under which the court orders an investigation by comparison, by hearing witnesses, or by both, when handwriting, signature, seal or fingerprint on an ordinary document is denied.
- Article 41The Article regulates the hearing at which documents for comparison are submitted and the effect of parties' absence, and requires the party disputing a document's validity to attend in person to provide a handwriting sample.
- Article 42The Article lists exclusively the documents accepted for comparison when the parties do not agree, and states that comparison is made against what is established for the person the document is invoked against.
- Article 43If a document is held valid in full, the person who denied it is fined up to SAR 10,000 without prejudice to compensation, with exceptions for successors and representatives.
- Article 44The Article allows a claim of forgery at any stage of the case, sets out what it must contain, and states when the court orders an investigation into it and how it is conducted.
- Article 45The Article requires the person claiming forgery to hand over the document or his served copy or lose his right to claim, and regulates the case where the document is held by the opponent and he refuses to hand it over.
- Article 46The Article allows the person claiming forgery to withdraw his claim before the investigation ends, without returning to it, and allows the respondent to end the investigation by giving up reliance on the document.
- Article 47An order for investigation into a claim of forgery suspends the fitness of the allegedly forged document for enforcement, without prejudice to precautionary measures.
- Article 48The Article allows the court, even if forgery was not claimed before it, to rule that any document is rejected and void if it clearly appears to it to be forged, provided it states the circumstances and presumptions.
- Article 49The Article imposes a fine of up to SAR 10,000 on a person claiming forgery whose claim is rejected or whose right to prove is forfeited, with exceptions, and requires a forged document to be referred to the Public Prosecution.
- Article 50The Article allows a person who fears that a forged document will be invoked against him to bring a principal action against the holder of the document and the person who benefits from it, and the court follows the rules of this Part.
- Article 51Where proof must be in writing, a judicial admission, a decisive oath, or a beginning of written proof supported by another means of proof may take its place, and the Article defines this beginning of proof.
- Article 52The Article allows the court to accept a paper or digital document issued outside the Kingdom if certified by the competent authorities in the country of issue and in the Kingdom, unless it contravenes public order.
الباب الرابع: الدليل الرقميArticles 53–64
- Article 53The Article defines digital evidence as any evidence derived from data created, issued, delivered, stored or communicated by digital means, which can be retrieved in an understandable form.
- Article 54The Article lists the forms of digital evidence: the digital record, document and signature, digital correspondence including email, means of communication, digital media, and any other digital evidence.
- Article 55The Article provides that proof by digital evidence has the same rule as proof by writing set out in the Law of Evidence.
- Article 56Official digital evidence has the force of an official document if it meets the conditions of paragraph 1 of Article 25, including what is issued automatically by the digital systems of public bodies.
- Article 57Unofficial digital evidence is binding on the parties to the dealing unless the contrary is proven, if issued under the Electronic Transactions or E-Commerce Law, or from a means stated in the contract, or a documented or public one.
- Article 58The Article places the burden of proving that the digital evidence referred to in Articles 56 and 57 is not valid on the opponent who claims it is not valid.
- Article 59Except for what Articles 56 and 57 provide, digital evidence has the force established for an ordinary document in accordance with the provisions of the Law of Evidence.
- Article 60Digital evidence is submitted in its original form or by any other digital means, and the court may ask for its content in writing where its nature allows.
- Article 61A party who refuses without an acceptable excuse to submit what the court requests to verify digital evidence forfeits his right to rely on it, or the evidence is treated as binding on him.
- Article 62If verifying the validity of digital evidence is impossible for a reason not attributable to the parties, the court assesses its force from what appears to it from the circumstances of the case.
- Article 63The Article gives extracts from digital evidence, including extracts from digital payment means, the force of the evidence itself to the extent that they match their digital record.
- Article 64The Article refers anything not provided for in the Part on digital evidence to the provisions of Part Three of the Law, so far as they do not conflict with the digital nature of the evidence.
الباب الخامس: الشهادةArticles 65–83
- Article 65The Article provides that the rule is that proof by witness testimony is permitted, unless a provision states otherwise.
- Article 66The Article requires every transaction worth more than SAR 100,000, or of unspecified value, to be proven in writing, bars proof by witnesses unless agreed or provided, and explains how value is assessed.
- Article 67The Article sets out three cases in which proof by witnesses is barred even if the value of the transaction does not exceed SAR 100,000.
- Article 68The Article permits proof by testimony of what must be proven in writing in three cases: a beginning of written proof, a physical or moral obstacle, and loss of written evidence for a reason beyond the claimant's control.
- Article 69The Article states that testimony is based on seeing, inspecting or hearing, and testimony by general repute is accepted only for what is generally impossible to know without it, such as death, marriage and lineage.
- Article 70The Article requires a witness to be at least fifteen years old and of sound judgment to be competent, and allows statements of those under that age to be heard for guidance only.
- Article 71The Article requires a witness to disclose his relationship to the parties and his interest, specifies whose testimony is not accepted, and bars employees from testifying to confidential information except under conditions.
- Article 72The Article requires a party seeking proof by witnesses to state the facts and the number and names of the witnesses, gives the other party the right to rebut by the same means, and lets the court summon anyone it sees fit.
- Article 73A party who asks for time to bring his witnesses is given time once; if he does not bring them without an acceptable excuse, or brings those whose testimony does not establish the fact, the court decides the dispute.
- Article 74The Article provides that testimony is given orally and may be given in writing with the court's permission, and that the court may administer an oath to the witness when necessary and assess the effect of his refusal to swear.
- Article 75The Article provides that testimony is given in the presence of the parties and each witness is heard separately unless there is a valid need, and that the absence of the party testified against does not prevent hearing it, and he may inspect its record.
- Article 76Where witnesses' testimony differs, the Article allows the court to take the extent of it that it is convinced is true, provided the difference does not amount to contradiction.
- Article 77The Article regulates questioning a witness: the right of the parties and the court to question him, no interrupting him, the right to object to questions, and the witness's right to decline to answer while stating the reason.
- Article 78The Article requires testimony to be recorded in minutes that include the witness's details, his connection to the parties, the text of his testimony and his answers to questions.
- Article 79The Article gives the party testified against the right to state what undermines the witness or his testimony, and leaves the court to assess the witness's integrity without any need for character vouching.
- Article 80The Article provides that if the court is satisfied that a witness gave false testimony, it draws up a record of this and refers it to the Public Prosecution to take the necessary measures.
- Article 81The Article allows a person who fears losing the chance to call a witness on a matter not yet brought before the courts to ask to have him heard by an urgent action, and regulates rebuttal witnesses and later use of the record.
- Article 82The Article bars harming a witness and requires the court to prevent any attempt to intimidate him or influence him when giving testimony.
- Article 83The Article provides that the court, at the witness's request, assesses his travel expenses and compensation for time lost, borne by the losing party or distributed among the parties in proportion to each one's loss.
الباب السادس: القرائن وحجية الأمر المقضيArticles 84–87
- Article 84Presumptions provided for by Sharia or by law spare the person in whose favor they are established from any other means of proof, and the other side may rebut them by any means unless a provision says otherwise.
- Article 85The article allows the court to infer other presumptions in matters provable by witness testimony, explaining how they point to the fact, and to use scientific means for that purpose.
- Article 86The article provides that judgments that have acquired the force of res judicata are conclusive on what they decided and no evidence may be accepted to undo this, provided the parties, their capacities, and the right in object and cause are the same; the court applies it of its own motion.
- Article 87The court is bound by a criminal judgment related to the case before it only on the facts it decided where that decision was necessary, and by an acquittal only if it rested on denying that the act is attributable to the accused.
الباب السابع: العرفArticles 88–91
- Article 88The article allows proof by custom or by the usual course of dealing between the parties, where no special provision or agreement between the parties applies and the custom does not contradict public order.
- Article 89The article requires whoever relies on custom or the usual course of dealing between the parties to prove its existence at the time of the incident, and allows any party to challenge its proof and counter it with something stronger.
- Article 90The article provides that, in case of conflict, the usual course of dealing between the parties and special custom take priority over general custom.
- Article 91The article allows the court, where necessary, to appoint an expert to verify that a custom or usual course of dealing between the parties exists, in accordance with the provisions on expert opinion in Part Ten of the Law.
الباب الثامن: اليمينArticles 92–107
- Article 92The article defines the two kinds of oath: the decisive oath, taken by the defendant to defeat the claim and which may be referred back to the plaintiff, and the supplementary oath, taken by the plaintiff to complete the evidence and which may not be referred back.
- Article 93The article sets a general rule that the oath rests with the stronger of the two litigants.
- Article 94The article requires the person swearing to have capacity to dispose of what he swears about, does not accept representation in taking the oath, and accepts it by special power of attorney in tendering, accepting, refusing and referring back the oath.
- Article 95The article sets out when the oath is sworn on certainty and when on denial of knowledge, and provides that the oath is taken in the form the court approves.
- Article 96The article allows the oath to be tendered in financial rights and at any stage of the case, prohibits it on a fact contrary to public order, and requires the court to prevent it in specified cases.
- Article 97The article regulates the plaintiff's demand for his opponent's oath when he lacks evidence, referring the oath back on refusal, the case of facts only the defendant knows, the timing of the demand, and the bar on withdrawal once the opponent accepts to swear.
- Article 98The article provides that whoever swears the oath tendered to him has judgment given in his favor, while whoever refuses it without referring it back has judgment given against him after being warned, as does whoever refuses an oath referred back to him.
- Article 99The article allows the plaintiff to drop his evidence and tender the oath directly, bars proving an oath false once it is taken, and preserves a right to compensation if its falsity is established by a criminal judgment.
- Article 100The article allows the guardian, the executor, the endowment supervisor and those in a similar position to tender, refuse and refer back the oath in what they may dispose of, and the oath is tendered to them in what they themselves carried out.
- Article 101The article requires whoever tenders the oath to his opponent to state precisely the facts on which he wants him to swear and to give the wording clearly, and allows the court to amend the wording so it addresses the fact precisely.
- Article 102The article requires the oath to be taken in the presence of the person who demanded it, unless he waives attendance or fails to attend despite knowing the hearing date.
- Article 103The article requires whoever is summoned to take an oath to attend and sets out when he is treated as refusing: if he attends but neither swears nor refers back, fails to attend without excuse, or objects and the court is not convinced and he does not swear.
- Article 104The article provides that the oath is multiplied by the number of those entitled to it unless they are partners in the right or are content with one oath, is multiplied by the number of those to whom it is tendered, and allows the court to accept one oath for several claims.
- Article 105The court tenders the supplementary oath to the plaintiff if he presents incomplete evidence in financial rights; if he swears, judgment is given for him, and if he refuses, his evidence is disregarded; it is sworn on certainty and may not be referred back.
- Article 106The article provides that the guardian, the executor, the endowment supervisor and those in a similar position take the supplementary oath in what they themselves carried out.
- Article 107The article provides that where there are several plaintiffs who presented incomplete evidence, the court tenders the supplementary oath to all of them, and whoever swears has judgment given for him while whoever refuses has his evidence disregarded.
الباب التاسع: المعاينةArticles 108–109
- Article 108The article allows the court, of its own motion or at a party's request, to order an inspection of the matter in dispute, with notice to an absent party at least 24 hours before, and to use an expert and hear witnesses.
- Article 109The article allows a person who fears the features of a fact that may become disputed will be lost to request its inspection and the recording of its condition by an urgent claim, with the possible appointment of an expert and a hearing set for the parties' comments on his report.
الباب العاشر: الخبرةArticles 110–124
- Article 110The article allows the court, of its own motion or at a party's request, to appoint one or more experts to give an opinion on technical matters, with expertise suited to the subject, and to approve the parties' agreement on an expert.
- Article 111The article requires the operative part of the order appointing an expert to state precisely his task, his powers, and the urgent measures he is authorized to take.
- Article 112The article governs the court's setting of the expert fee amount, the party required to deposit it and the deadline, the other party's option to deposit with a right of recourse, and the effect of neither party depositing.
- Article 113The article requires the expert, before starting his task, to disclose any relationship with the parties to the case or any interest in it, failing which the court removes him and orders him to return sums received, by a final judgment.
- Article 114The article allows any party to request recusal of the expert for a reason making it likely he cannot act impartially, lists specific grounds, restricts when the request is accepted, and requires the court to decide within 3 days by a final judgment.
- Article 115The article sets the expert's powers in carrying out his task: hearing the parties and whoever he sees fit to hear if the appointment order allows, requesting necessary documents and items, and inspecting premises and places.
- Article 116The article prohibits refusing, without a legal justification, to enable the expert to carry out his task under Article 115, and requires him to report to the court on any refusal, obstacle, or need to widen his task, with the court deciding.
- Article 117The article sets what the expert's report must contain: the task, the work done, the technical analysis, the opinions of experts he used, and his result and opinion with their basis; multiple experts prepare one report stating each one's opinion if they differ.
- Article 118The article provides for warning an expert who does not begin his task, falls short, or is late depositing his report without justification, and removing him if he does not respond, and for fining a party who caused the delay up to SAR 10,000.
- Article 119The article requires the expert to return everything he received within 10 days of the end of his task, failing which the court orders him to hand it over and fines him up to SAR 10,000 by a final judgment.
- Article 120The article allows the court, at any stage, to summon the expert to discuss his report, order him to complete the missing work and correct errors with other experts joined to him, or appoint another expert to complete the work or re-examine the task.
- Article 121The article allows the parties to agree in advance to accept the result of the expert's report, states that otherwise the expert's opinion does not bind the court, and allows the court to order a negligent or mistaken expert to return what he received.
- Article 122The article provides that the party who lost the claim that was the subject of the expert opinion bears the amount fixed for it, and with a partial loss each party bears it in proportion to his loss, as the court states in its judgment on the merits.
- Article 123The article allows the court, as an exception to the expert procedures, to appoint an expert to give an oral or written opinion on a simple technical matter, by a decision recorded in the hearing minutes that sets the date.
- Article 124The article allows the court to rely on an expert report submitted in another case instead of appointing a new expert, while the parties keep the right to discuss what the report contains.
الباب الحادي عشر: أحكام ختاميةArticles 125–129
- Article 125The article sets what to turn to where the Law of Evidence has no provision: the Law of Sharia Procedure or the Commercial Courts Law for procedures, and the most suitable Sharia rules for other evidence matters.
- Article 126The article authorizes the Minister of Justice, in coordination with the Supreme Judicial Council, to issue controls for electronic evidence, rules for expert opinion, and procedural guides, to be published in the Official Gazette.
- Article 127The article allows the private sector to be used in evidence procedures, with the Minister of Justice, in coordination with the Supreme Judicial Council, issuing the rules that organize this.
- Article 128The article repeals Part Nine of the Law of Sharia Procedure, Part Seven of the Commercial Courts Law, and every provision that conflicts with the Law of Evidence.
- Article 129The article provides that the Law of Evidence takes effect 180 days after its publication in the Official Gazette.
A question about the Saudi Law of Evidence?
Describe what happened and specialist lawyers answer. You can write in English.
- Completely free
- Lawyers from the directory answer
- Your name stays hidden
Need a lawyer who knows the Saudi Law of Evidence?
Describe your situation briefly and we'll suggest a lawyer who specialises in this law, free and with no commitment.