Article 182 of the Saudi Law of Sharia Procedure
المادة 182 من نظام المرافعات الشرعية · الباب الحادي عشر: طرق الاعتراض على الأحكام
The article provides that quashing a judgment results in cancellation of all decisions and procedures that followed the quashed judgment where that judgment was their basis.
Official text (Arabic)
This article has not been amended since the law was issued.
يترتب على نقض الحكم إلغاء جميع القرارات والإجراءات اللاحقة للحكم المنقوض متى كان ذلك الحكم أساسًا لها.
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 182 explained in plain English
This article explains the effect of quashing a judgment on the decisions and procedures built on it.
The rule: if a judgment is quashed, all decisions and procedures that followed it are cancelled.
The two conditions:
- The decisions and procedures must have followed the quashed judgment.
- The quashed judgment must have been their basis, meaning they were built on it.
It is understood from this that later procedures that were not built on the quashed judgment are not covered by this cancellation under the text of the article, because the cancellation is tied to the judgment being their basis.
The idea is that what was built on a judgment that has gone falls with it, so no decision or procedure remains hanging on a judgment that no longer stands.
Article 183 complements this rule in the case of partial quashing: if the judgment is quashed only in part, it remains in force in its other parts unless division is not possible. It is preceded by Article 181, which confines the objection court to examining jurisdiction where the objection is for violation of jurisdiction.
A person for or against whom a judgment was issued that has been quashed, and on which procedures were built, should consult a lawyer specializing in litigation and court procedure to learn what the cancellation covers in his situation.
Practical example
A judgment was issued in favor of Omar, and procedures were taken on that basis to enforce it. Then the judgment was quashed. Under this article, the later decisions and procedures for which the quashed judgment was the basis are cancelled.
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 182 of the Saudi Law of Sharia Procedure
What happens to the procedures after a judgment is quashed?
All decisions and procedures that followed the quashed judgment are cancelled where that judgment was their basis.
Is everything that came after the quashed judgment cancelled?
The cancellation covers the later decisions and procedures for which the quashed judgment was the basis.
What if only part of the judgment is quashed?
Under Article 183, the judgment remains in force in its other parts unless division is not possible.
More articles on Appeal, Cassation and Petition for Reconsideration
- Article 95
A judge's work or judgment is void in the situations of bar in Article 94 even if done by agreement of the parties; if the voidness occurs in an affirmed judgment, a party may ask the Supreme Court to set it aside.
يقع باطلًا عمل القاضي أو قضاؤه في الأحوال المتقدمة في المادة (الرابعة والتسعين) من هذا النظام ولو تم باتفاق الخصوم. وإن وقع هذا البطلان في حكم مؤيد جاز للخصم أن
- Article 165
The article requires the court, after pronouncing the judgment, to inform the litigants of the means of objection and their time limits, and to inform guardians, custodians, endowment administrators and representatives of government bodies that the judgment must be appealed or reviewed.
يجب على المحكمة - بعد النطق بالحكم - إفهام الخصوم بطرق الاعتراض المقررة ومواعيدها. كما يجب عليها إفهام الأولياء والأوصياء والنظار وممثلي الأجهزة الحكومية ونحوهم
- Article 170
The article allows the court to which an objection is submitted to order a stay of provisional enforcement if it considers that the grounds of the objection may lead to the judgment being quashed and serious harm is feared from enforcement.
يجوز للمحكمة المرفوع إليها الاعتراض - متى رأت أن أسباب الاعتراض على الحكم قد تقضي بنقضه - أن تأمر بوقف التنفيذ المعجل إذا كان يخشى منه وقوع ضرر جسيم.
- Article 172
The article distinguishes between a refusal to correct, which is objected to together with the judgment itself, and a correction decision, which may be objected to independently.
إذا رفضت المحكمة التصحيح فيكون الاعتراض على ذلك مع الاعتراض على الحكم نفسه. أما القرار الذي يصدر بالتصحيح فيجوز الاعتراض عليه على استقلال بطرق الاعتراض الجائزة.
- Article 176
The article specifies three means of objection to judgments: appeal, cassation and petition for reconsideration.
طرق الاعتراض على الأحكام هي الاستئناف، والنقض، والتماس إعادة النظر.
- Article 177
The article limits the right to object to a judgment to the party against whom it was given or one who was not awarded all his claims, unless the Law provides otherwise.
لا يجوز أن يعترض على الحكم إلا المحكوم عليه، أو من لم يقض له بكل طلباته، ما لم ينص النظام على غير 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.