Article 26 of the Saudi Law of Evidence
المادة 26 من نظام الإثبات · الفصل الأول: المحرَّرات الرسمية
An 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.
Official text (Arabic)
This article has not been amended since the law was issued.
1- المحرَّر الرسمي حجة على الكافة بما دون فيه من أمور قام بها محرره في حدود مهمته، أو حدثت من ذوي الشأن في حضوره؛ ما لم يثبت تزويره بالطرق المقررة نظاماً.
2- يكون مضمون ما ذكره أي من ذوي الشأن في المحرَّر الرسمي حجة عليه؛ ما لم يثبت غير ذلك.
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 26 explained in plain English
This Article sets the evidentiary force of an official document and distinguishes between two kinds of content:
First: what the author did or what occurred before him. An official document is binding on everyone as to what is recorded in it of:
- matters its author carried out within the limits of his task;
- or matters that occurred from the persons concerned in his presence.
This force remains unless forgery is proven by the methods established by law.
Second: the content of what the persons concerned stated. What any of the persons concerned stated in the official document is binding on him, unless the contrary is proven. Here the text is satisfied with the phrase "unless the contrary is proven", unlike paragraph 1, which ties the loss of binding force to proof of forgery by the methods established by law.
The description of an official document goes back to Article 25, which defines it as one in which a public employee or a person assigned to a public service records what was done by them or what they received from the persons concerned, in accordance with legal formalities and within the limits of their authority and jurisdiction. Article 27 deals with the force of an official copy where the original of the official document exists, making it binding to the extent that it matches the original.
If you want to challenge an official document, it is better to consult a lawyer specializing in civil and commercial cases to determine the appropriate route.
Practical example
A competent public employee recorded in an official document that the seller and the buyer appeared before him and signed, and the seller stated in the document that he had received the price. What the two parties did in the employee's presence is binding on everyone unless forgery is proven by the methods established by law. What the seller stated about receiving the price is binding on him unless the contrary is proven.
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 26 of the Saudi Law of Evidence
What is the evidentiary force of an official document?
It is binding on everyone as to the matters recorded in it that its author carried out within the limits of his task, or that occurred from the persons concerned in his presence, unless forgery is proven by the methods established by law.
Can the contrary of what a party stated in an official document be proven?
Yes. The content of what any of the persons concerned stated is binding on him unless the contrary is proven.
When does the binding force of what the employee recorded in an official document fall away?
When forgery is proven by the methods established by law; the Article does not detail these methods.
More articles on Proof by Writing
- Article 25
An 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.
1- المحرَّر الرسمي هو الذي يثبت فيه موظف عام أو شخص مكلف بخدمة عامة، ما تم على يديه أو ما تلقاه من ذوي الشأن، طبقاً للأوضاع النظامية، وفي حدود سلطته واختصاصه. 2
- Article 27
An 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.
1- إذا كان أصل المحرَّر الرسمي موجوداً، فإن صورته الرسمية تعد حجة بالقدر الذي تكون فيه مطابقة للأصل. 2- تكون الصورة رسمية إذا أخذت من الأصل؛ وفقاً للإجراءات الم
- Article 28
If 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.
إذا لم يوجد أصل المحرَّر الرسمي فتكون للصورة الرسمية حجية الأصل؛ متى كان مظهرها الخارجي لا يسمح بالشك في مطابقتها للأصل، وما عدا ذلك من الصور فلا يعتد بها إلا ل
- Article 29
An 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.
1- يعد المحرَّر العادي صادراً ممن وقعه وحجة عليه؛ ما لم ينكر صراحة ما هو منسوب إليه من خط أو إمضاء أو ختم أو بصمة، أو ينكر ذلك خلَفُه أو ينفي علمه بأن الخط أو ا
- Article 30
Correspondence 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.
تكون للمراسلات الموقع عليها أو الثابت نسبتها إلى مرسلها؛ حجية المحرَّر العادي في الإثبات، ما لم يثبت المرسل أنه لم يرسل الرسالة ولم يكلف أحداً بإرسالها.
- Article 31
The 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.
1- لا تكون دفاتر التجار حجة على غير التجار، ومع ذلك فإن البيانات المثبتة فيها تصلح أساساً يجيز للمحكمة أن توجه اليمين المتممة لمن قوي جانبه من الطرفين، وذلك فيم
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.