Article 186 of the Saudi Law of Sharia Procedure
المادة 186 من نظام المرافعات الشرعية · الباب الحادي عشر: طرق الاعتراض على الأحكام
The article prohibits submitting new claims before the court of appeal and requires the court to rule on its own motion that they are inadmissible.
Official text (Arabic)
This article has not been amended since the law was issued.
لا تقبل الطلبات الجديدة في الاستئناف، وتحكم المحكمة من تلقاء نفسها بعدم قبولها.
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 186 explained in plain English
This article sets a basic rule at the appeal stage: new claims are not accepted. Appeal is a route for objecting to a judgment issued by a court of first instance, not an opportunity to raise claims that were not part of the case that was decided.
The article does not merely prohibit these claims; it requires the court of appeal to rule on its own motion that they are inadmissible. That is, it does not wait for the other litigant to object or plead this but applies the rule directly once it appears to it that the claim is new.
This article comes within the provisions on appeal: Article 185 provides that all judgments of courts of first instance are appealable except judgments in minor cases that the Supreme Judicial Council specifies, and Article 187 sets the objection period for requesting appeal or review at thirty days, and ten days for urgent matters.
What this means in practice:
- A plaintiff must present all his claims before the court of first instance, because he cannot add them later on appeal.
- A person who believes he has a claim he did not raise in the first case cannot bring it in on appeal, and the article does not state the alternative route for that.
- The ruling of inadmissibility here concerns the new claim itself, and does not prevent the court of appeal from hearing the objection to the original judgment.
Because distinguishing a new claim from other claims may need assessment in each case, it is advisable to consult a lawyer specializing in litigation and court procedure before writing the appeal memorandum.
Practical example
Khaled filed a case in Riyadh claiming from his former partner a remaining sum of profits, and judgment was issued partly in his favor. On appeal, Khaled wanted to add a claim for compensation for damages that he had not mentioned in his case before the court of first instance. This is a new claim, so the court of appeal rules on its own motion that it is inadmissible and confines itself to hearing his objection to the judgment issued.
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 186 of the Saudi Law of Sharia Procedure
May new claims be added on appeal?
No. Article 186 provides that new claims are not accepted on appeal.
Must the opponent object for the court to reject the new claim?
No. The court rules that the new claim is inadmissible on its own motion, without the need for a plea from the opponent.
What is the period for submitting an appeal?
Under Article 187, the objection period for requesting appeal or review is thirty days, and ten days for judgments issued in urgent matters.
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.