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Article 3 of the Saudi Law of Sharia Procedure

المادة 3 من نظام المرافعات الشرعية · الباب الأول: أحكام عامة

Article 3 requires a lawful, existing interest for any request or defense to be accepted, with a potential interest sufficient in two cases, and requires the court to reject a sham or malicious case.

Official text (Arabic)

This article has not been amended since the law was issued.

1- لا يقبل أي طلب أو دفع لا تكون لصاحبه فيه مصلحة قائمة مشروعة، ومع ذلك تكفي المصلحة المحتملة إذا كان الغرض من الطلب الاحتياط لدفع ضرر محدق أو الاستيثاق لحق يخشى زوال دليله عند النـزاع فيه.

2- إن ظهر للمحكمة أن الدعوى صورية أو كيدية وجب عليها رفضها، ولها الحكم على من يثبت عليه ذلك بتعزير.

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 sets a basic condition for accepting what litigants submit to the court, and it protects the judiciary from non-serious cases.

First: the interest requirement (paragraph 1)

  • No request or defense is accepted unless its maker has a lawful, existing interest in it; that is, he has a present and lawful benefit from submitting it.
  • As an exception, a potential interest suffices in only two cases: where the purpose of the request is to take precautions against an imminent harm, or to secure a right whose evidence is feared to be lost if it is disputed.

Second: a sham or malicious case (paragraph 2)

  • If it appears to the court that a case is sham or malicious, it must reject it; rejection here is mandatory, not optional.
  • The court may also sentence the person on whom this is established to a ta'zir penalty; this is at the court's discretion, and the article does not specify its type or amount.

A malicious case, in the general understanding, is one intended to harm or harass the opponent, and a sham case is one that does not reflect a real dispute.

This article differs from Article 4, which limits the filing of a hisbah case to the public prosecutor after the King's approval. If you are facing a case that you consider malicious, it is advisable to consult a lawyer specializing in procedure and litigation.

Practical example

Khaled files a case against his neighbor in Dammam over a piece of land that Khaled does not own and has no connection to, and it becomes clear to the court that he filed it only to harass his neighbor. In this situation the court must reject the case, and it may sentence Khaled to a ta'zir penalty if this is established 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 3 of the Saudi Law of Sharia Procedure

What is the condition for accepting a case or request before the court?

That the person making the request or defense has a lawful, existing interest in it.

When is a potential interest enough?

Where the purpose of the request is to take precautions against an imminent harm, or to secure a right whose evidence is feared to be lost if it is disputed.

What is the fate of a malicious case?

The court must reject it whenever it appears to it that the case is sham or malicious.

Is the person who files a malicious case punished?

The court may sentence the person on whom this is established to a ta'zir penalty, and the article does not specify its amount.

More articles on Defenses and Incidental Requests

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.