Article 4 of the Saudi Law of Sharia Procedure

المادة 4 من نظام المرافعات الشرعية · الباب الأول: أحكام عامة

Article 4 provides that a hisbah case may be filed only through the public prosecutor after the King's approval, and is not heard after 60 days from the date the claimed right arose.

Official text (Arabic)

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

لا ترفع أي دعوى حسبة إلا عن طريق المدعي العام بعد موافقة الملك، ولا تسمع بعد مضي (ستين) يومًا من تاريخ نشوء الحق المدعى به.

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 4 explained in plain English

This article regulates a special type of case, the hisbah case, which in the general understanding is a case filed in defense of a public right and not of the private interest of the person filing it. The article places two clear restrictions on it:

Who files it: no hisbah case is filed except through the public prosecutor, and after the King's approval. An individual cannot file it directly before the court himself.
The time limit: a hisbah case is not heard after 60 days have passed from the date the claimed right arose.

The apparent aim of these two restrictions is to control this type of case, so that it does not become a means of occupying the courts or harming others, which is consistent with Article 3, which requires a lawful, existing interest for requests to be accepted and requires the rejection of a malicious case.

The article does not specify how the public prosecutor is reached or the details of requesting approval; these matters are not addressed by the article's text.

The 60-day period is counted from the date the claimed right arose, not from the date of knowing of it. If you believe a matter affects a public right and want to know the lawful route, it is advisable to consult a lawyer specializing in procedure and litigation.

Practical example

A group of residents of a neighborhood in Medina want to file a hisbah case over a matter they believe affects a public right. They cannot file it directly before the court: this case is filed only through the public prosecutor after the King's approval, and it is not heard if 60 days have passed from the date the claimed right arose.

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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