Qanoon
Sign in

Article 36 of the Saudi Law of Sharia Procedure

المادة 36 من نظام المرافعات الشرعية · الباب الثاني: الاختصاص

Article 36 sets the general rule on territorial jurisdiction: a case is filed in the court of the defendant's place of residence, then the plaintiff's if the defendant has none in the Kingdom, with rules for multiple defendants.

Official text (Arabic)

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

1- يكون الاختصاص للمحكمة التي يقع في نطاق اختصاصها مكان إقامة المدعى عليه، فإن لم يكن له مكان إقامة في المملكة فيكون الاختصاص للمحكمة التي يقع في نطاق اختصاصها مكان إقامة المدعي.

2- إذا لم يكن للمدعي والمدعى عليه مكان إقامة في المملكة فللمدعي إقامة دعواه في إحدى محاكم مدن المملكة.

3- إذا تعدد المدعى عليهم يكون الاختصاص للمحكمة التي يقع في نطاق اختصاصها مكان إقامة الأكثرية، وفي حال التساوي يكون المدعي بالخيار في إقامة الدعوى أمام أي محكمة يقع في نطاق اختصاصها مكان إقامة أحدهم.

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 36 explained in plain English

This article lays down the general rule on territorial jurisdiction, that is, determining the court to which a case must be filed in terms of place. The principle is that the plaintiff goes to the defendant, so the case is filed in the court within whose area the defendant's place of residence falls.

The article addresses three situations:

  • The original situation: jurisdiction belongs to the court of the defendant's place of residence. If he has no place of residence in the Kingdom, jurisdiction moves to the court of the plaintiff's place of residence.
  • If neither has a place of residence in the Kingdom: the plaintiff may file his case in one of the courts of the cities of the Kingdom.
  • If there are multiple defendants: jurisdiction belongs to the court within whose area the place of residence of most of them falls. If their numbers are equal between more than one place, the plaintiff has the choice between any court within whose area the place of residence of one of them falls.

Among the special rules is what Article 37 provides, that a case against government bodies is brought in the court within whose area their main headquarters falls, with the possibility of filing it with the branch's court in matters relating to it.

Knowing the competent court before filing the case saves the plaintiff time and effort. When in doubt about the competent court in a particular case, one may consult a lawyer specializing in litigation and procedure before the courts.

Practical example

Ahmed lives in Jeddah and is owed an amount by three people: two live in Riyadh and one in Dammam. Under this article the case falls within the jurisdiction of the court within whose area the place of residence of the majority falls, that is, a court in Riyadh. If only one of them were in Riyadh and the other in Dammam, Ahmed would have the choice between the two cities.

Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.

Civil Litigation & Compensation lawyers: ask a specialist about your case

Describe your situation briefly and we'll suggest a lawyer who specialises in this law

Civil Litigation & Compensation lawyers

Lawyers who handle this kind of case

See all lawyers

Frequently asked questions about Article 36 of the Saudi Law of Sharia Procedure

Do I file the case in my city or the defendant's city?

The principle is that the case is filed in the court within whose area the defendant's place of residence falls, and it moves to the court of the plaintiff's place of residence only if the defendant has no place of residence in the Kingdom.

What if neither I nor the defendant has a place of residence in Saudi Arabia?

In this case the plaintiff may file his case in one of the courts of the cities of the Kingdom.

If there are several defendants in different cities, where is the case filed?

In the court within whose area the place of residence of most of them falls, and if they are equal the plaintiff chooses any court within whose area the place of residence of one of them falls.

More articles on Judicial Jurisdiction

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.