Article 19 of the Saudi Law of Evidence
المادة 19 من نظام الإثبات · الفصل الأول: الإقرار
A 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.
Official text (Arabic)
This article has not been amended since the law was issued.
يكون إثبات الإقرار غير القضائي وفق الأحكام المقررة في هذا النظام، بما في ذلك عدم جواز إثباته بالشهادة إلا في الأحوال التي يجوز فيها الإثبات بالشهادة.
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 19 explained in plain English
This article answers a practical question: if one party argues that his opponent made a non-judicial admission, how is this admission proved?
The answer is that a non-judicial admission is proved in accordance with the provisions set out in this law; it is not exempt from the rules of evidence but subject to them. The text mentions one rule specifically: a non-judicial admission may not be proved by testimony except in cases where proof by testimony is permitted.
In practice this means that a person who relies on a non-judicial admission made by his opponent is not always satisfied by bringing witnesses who heard the admission; if the case is one in which proof by testimony is not permitted, the admission may not be proved by it. The article does not itself specify these cases, but refers to the provisions of the law.
The article is linked to Article 18, which binds the person making the admission to it and does not accept his retracting it, and provides that an admission is not divided against the person making it unless it concerns several facts and the existence of one of them does not necessarily imply the existence of the others. It is also linked to Article 20, which allows the court, of its own motion or at the request of a party, to interrogate those of the parties who are present, and allows any party to interrogate his opponent directly.
To find out whether a particular admission may be proved by testimony in your case, it is advisable to consult a lawyer specializing in civil and commercial cases.
Practical example
Saad says that his neighbor acknowledged in front of a group of friends that he owes him an amount. If this is treated as a non-judicial admission, its proof is subject to the provisions of the Law of Evidence; Saad cannot prove it by the friends' testimony unless the case is one in which proof by testimony is permitted.
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 19 of the Saudi Law of Evidence
Can a non-judicial admission be proved by witnesses?
A non-judicial admission may not be proved by testimony except in cases where proof by testimony is permitted.
How is a non-judicial admission proved?
In accordance with the provisions set out in the Law of Evidence, including the restriction on proof by testimony.
More articles on Admission and Questioning of Parties
- Article 11
Admission, 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.
1- تكون إجراءات الإثبات من إقرار أو استجواب أو أداء للشهادة أو اليمين أمام المحكمة، فإن تعذر فللمحكمة أن تنتقل أو تكلف أحد قضاتها بذلك. 2- إذا كان المقر أو المس
- Article 14
An 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.
1- يكون الإقرار قضائياً إذا اعترف الخصم أمام المحكمة بواقعة مدعى بها عليه، وذلك أثناء السير في دعوى متعلقة بهذه الواقعة. 2- يكون الإقرار غير قضائي إذا لم يقع أم
- Article 15
The 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.
1- يشترط أن يكون المقر أهلاً للتصرف فيما أقر به. 2- يصح إقرار الصغير المميز المأذون له في البيع والشراء بقدر ما أذن له فيه. 3- يصح الإقرار من الوصي أو الولي أو
- Article 16
An admission may be express or implied, oral or written, and is not accepted if the apparent position contradicts it.
1- يكون الإقرار صراحة أو دلالة، باللفظ أو بالكتابة. 2- لا يقبل الإقرار إذا كذبه ظاهر الحال.
- Article 17
A judicial admission is conclusive proof against the person making it, and its effect is confined to him alone and not to others.
الإقرار القضائي حجة قاطعة على المقر، وقاصرة عليه.
- Article 18
The 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.
1- يلزم المقر بإقراره، ولا يقبل رجوعه عنه. 2- لا يتجزأ الإقرار على صاحبه، إلا إذا انصب على وقائع متعددة، وكان وجود واقعة منها لا يستلزم حتماً وجود الوقائع الأخر
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.