Article 3 of the Saudi Law of Evidence
المادة 3 من نظام الإثبات · الباب الأول: أحكام عامة
The 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.
Official text (Arabic)
This article has not been amended since the law was issued.
1- البينة على من ادعى، واليمين على من أنكر.
2- البينة لإثبات خلاف الظاهر، واليمين لإبقاء الأصل.
3- البينة حجة متعدية، والإقرار حجة قاصرة.
4- الثابت بالبرهان كالثابت بالعيان.
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 3 explained in plain English
This article brings together four general rules that govern the distribution of proof between the parties and the strength of evidence:
- The evidence is on the one who claims, and the oath on the one who denies: a person who claims a right presents the evidence, and the one who denies the claim has the role of the oath. This is consistent with Article 2, which requires the claimant to prove what he claims and gives the defendant the right to deny it.
- Evidence is used to prove what is contrary to the apparent position, and the oath to keep the original position: a person who claims something contrary to the apparent position needs evidence to prove it, whereas the function of the oath is to keep the matter as it originally stood.
- Evidence is a proof that extends to others, and an admission is a limited proof: the effect of evidence extends to persons other than the one against whom it was presented, while the effect of an admission is confined to the person who made it.
- What is established by proof is like what is established by sight: what has been established by evidence is treated as if it had been seen directly.
Article 4 deals with the case where items of evidence conflict: if they cannot be reconciled, the court takes the one that is preferred in light of the circumstances of the case, and if that is not possible it takes none of them, and it must state its reasons in its judgment.
These rules are general, and applying them to a particular dispute calls for a look at its details, so it is advisable to consult a lawyer specializing in civil and commercial cases.
Practical example
Fahad claimed that Abdullah owes him a debt, and Abdullah denied it. Under the rule that the evidence is on the one who claims and the oath on the one who denies, Fahad, as the claimant, must present the evidence of the debt, while Abdullah, the denier, has the role of the oath.
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 3 of the Saudi Law of Evidence
What does "the evidence is on the one who claims and the oath on the one who denies" mean?
It means that the claimant presents the evidence for his claim, while the denier has the role of the oath, as paragraph 1 of the article provides.
What is the difference between proof that extends to others and limited proof?
The article provides that evidence is a proof that extends to others and an admission is a limited proof, that is, the effect of an admission is confined to the person who made it, while the effect of evidence extends to others.
What does the rule that what is established by proof is like what is established by sight mean?
That what has been established by evidence is treated as if it had been seen directly.
More articles on Burden of Proof and General Provisions
- Article 1
Article 1 defines the scope of the Law of Evidence, providing that its provisions apply to civil and commercial transactions.
تسري أحكام هذا النظام على المعاملات المدنية والتجارية.
- Article 2
The 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.
1- على المدعي أن يثبت ما يدعيه من حق، وللمدعى عليه نفيه. 2- يجب أن تكون الوقائع المراد إثباتها متعلقة بالدعوى، ومنتجة فيها، وجائزاً قبولها. 3- لا يجوز للقاضي أن
- Article 4
If 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.
دون إخلال بأحكام هذا النظام، إذا تعارضت أدلة الإثبات ولم يمكن الجمع بينها فتأخذ المحكمة منها بحسب ما يترجح لها من ظروف الدعوى، فإن تعذر ذلك فلا تأخذ المحكمة بأي
- Article 5
The law does not require any particular form to prove an obligation, unless a special provision or an agreement between the parties says otherwise.
لا يلزم لإثبات الالتزام شكل معين؛ ما لم يرد فيه نص خاص أو اتفاق بين الخصوم.
- Article 6
The 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.
1- إذا اتفق الخصوم على قواعد محددة في الإثبات فتُعمِل المحكمة اتفاقَهم؛ ما لم يخالف النظام العام. 2- لا يعتد باتفاق الخصوم المنصوص عليه في هذا النظام ما لم يكن
- Article 7
Judgments, 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.
1- الأحكام والأوامر والقرارات الصادرة بإجراءات الإثبات؛ لا يلزم تسبيبها ما لم تتضمن قضاءً قطعياً. 2- يتعين في جميع الأحوال تسبيب الأحكام الصادرة في دعاوى الإثبا
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.