Article 98 of the Saudi Law of Evidence
المادة 98 من نظام الإثبات · الفصل الثاني: اليمين الحاسمة
The 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.
Official text (Arabic)
This article has not been amended since the law was issued.
كل مـن وجهـت إليـه اليمين فحلفها حُكم لصالحه، أما إذا نكل عنها دون أن يردها على خصمه حكم عليه بعد إنذاره، وكذلك من ردت عليه اليمين فنكل عنها.
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 98 explained in plain English
This article sets out the effect of the decisive oath on the outcome of the case, an effect that is decisive, as its name indicates.
- Whoever swears: anyone to whom the oath is tendered and who swears it has judgment given in his favor.
- Whoever refuses without referring it back: if the person to whom the oath is tendered declines to swear and does not refer it back to his opponent, judgment is given against him, but only after he is warned. The warning is a required step before judgment is given against him for refusal.
- Whoever refuses an oath referred back: judgment is likewise given against a person to whom the oath is referred back and who declines it.
This article complements Article 97, which governs the plaintiff's demand for his opponent's oath when he is unable to produce evidence, the referring back of the oath to the plaintiff if the defendant refuses, and the dismissal of the plaintiff's claim if he refuses the oath referred back.
It is also connected to Article 99, which bars the opponent from proving that an oath was false after it has been taken, while preserving his right to claim compensation if its falsity is established by a criminal judgment.
Because an oath can settle the whole dispute, a person to whom an oath is tendered should know that refusing without referring it back may end in judgment against him after he is warned. To assess the options available in a particular case, it is advisable to consult a lawyer who specializes in litigation and civil matters.
Practical example
In a claim against a small company in Riyadh for an unpaid supply amount, the oath was tendered to the company's owner, who refused to swear and did not refer it back to the plaintiff. The court warned him, and when he persisted in refusing, judgment was given against him.
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 98 of the Saudi Law of Evidence
What happens to a person who swears the oath tendered to him?
Judgment is given in his favor, as the article provides.
Is judgment given against someone who refuses the oath right away?
Judgment is given against him if he refuses it without referring it back to his opponent, and that happens after he is warned.
What is the ruling on someone to whom the oath is referred back and who refuses?
Judgment is likewise given against him.
More articles on The Oath
- Article 3
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.
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 كال
- Article 12
A 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.
يكون إقرار الأخرس ومن في حكمه واستجوابه وأداؤه للشهادة واليمين وتوجيهها والنكول عنها وردها بالكتابة، فإن لم يكن يعرف الكتابة فبإشارته المعهودة.
- 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
- Article 35
The 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.
1- إذا أقر الخصم أن المحرَّر في حوزته أو سكت، أو أثبت الطالب صحة طلبه، أمرت المحكمة بتقديم المحرَّر. 2- إذا امتنع الخصم عن تقديم المحرَّر المطلوب بعد إمهاله مرة
- Article 51
Where 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.
1- يجوز في الأحوال التي يجب فيها الإثبات بالكتابة أن يحل محلها الإقرار القضائي، أو اليمين الحاسمة، أو مبدأ الثبوت بالكتابة المعزز بطريق إثبات آخر؛ وذلك فيما لم
- Article 74
The 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.
1- تؤدى الشهادة شفاهاً. ويجوز أداؤها كتابة بإذن المحكمة. 2- يجوز للمحكمة تحليف الشاهد عند الاقتضاء، وإذا امتنع عن الحلف فتقدر المحكمة أثر ذلك.
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.