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Article 39 of the Saudi Law of Sharia Procedure

المادة 39 من نظام المرافعات الشرعية · الباب الثاني: الاختصاص

Article 39 gives the plaintiff a choice of court in maintenance cases, a woman's cases on marital matters, custody, visitation and guardians' prevention of marriage, and traffic accident cases.

Official text (Arabic)

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

يستثنى من المادة (السادسة والثلاثين) من هذا النظام ما يأتي:

1- يكون للمدعي بالنفقة الخيار في إقامة الدعوى في المحكمة التي يقع في نطاق اختصاصها مكان إقامة المدعى عليه أو المدعي.

2- للمرأة - في المسائل الزوجية والحضانة والزيارة ومن عضلها أولياؤها - الخيار في إقامة دعواها في بلدها أو بلد المدعى عليه. وعلى المحكمة إذا سمعت الدعوى في بلد المدعية استخلاف محكمة بلد المدعى عليه للإجابة عن دعواها. فإذا توجهت الدعوى أبلغ المدعى عليه بالحضور إلى مكان إقامتها للسير فيها، فإن امتنع سمعت غيابيًا، وإذا لم تتوجه الدعوى ردتها المحكمة دون إحضاره.

3- يكون للمدعي في الدعاوى الناشئة عن حوادث السير التي تقع في بلد غير بلد المدعى عليه الخيار في إقامة الدعوى في المحكمة التي يقع في نطاق اختصاصها مكان وقوع الحادث أو مكان إقامة المدعى عليه.

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 39 explained in plain English

The rule under Article 36 is that a case is filed in the court of the defendant's place of residence, but this article makes exceptions for three cases and gives the plaintiff in them a choice, taking his circumstances into account:

  1. A maintenance case: the person claiming maintenance may choose between the court of the defendant's place of residence and the court of his own place of residence.
  2. A woman's cases on marital matters, custody, visitation, and where her guardians have prevented her marriage: she may file her case in her own country or in the defendant's country. If the court hears the case in the woman's country, it must delegate the court of the defendant's country to obtain his answer to the case. If the case is well-founded on its face, the defendant is notified to attend her place of residence to proceed with it, and if he refuses, it is heard in his absence. If the case is not well-founded on its face, the court rejects it without bringing him.
  3. Traffic accident cases: if the accident occurred in a country other than the defendant's, the plaintiff has the choice between the court of the place where the accident occurred and the court of the defendant's place of residence.

Note in the second case that the woman is not forced to travel to the defendant's country, and conversely the defendant is not required to come to her country until the case is found well-founded on its face; otherwise the court rejects it without bringing him.

Article 40 then specifies the territorial area of each court. For those who need to assess their position in a family case, it is advisable to consult a lawyer specializing in personal status.

Practical example

Sara lives with her family in Medina, her husband lives in Riyadh, and she wants to file a custody case. Under this article she is entitled to file the case in Medina. The court delegates a court in Riyadh to take the husband's answer; if the case is well-founded on its face, he is notified to attend in Medina, and if he refuses, the case is heard in his absence.

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 39 of the Saudi Law of Sharia Procedure

Can a wife file a custody case in her own city?

Yes. In marital matters, custody and visitation, a woman has the choice of filing her case in her own country or the defendant's country.

Where is a maintenance case filed?

The person claiming maintenance has the choice between the court of the defendant's place of residence and the court of his own place of residence.

What happens if the husband refuses to attend the wife's country?

If the case is well-founded on its face and he is notified to attend her place of residence and refuses, the case is heard in his absence.

A traffic accident happened in a city other than the at-fault person's city. Where do I file?

You have the choice between the court of the place where the accident occurred and the court of the defendant's place of residence.

Articles this article refers to

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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.