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Article 40 of the Saudi Law of Sharia Procedure

المادة 40 من نظام المرافعات الشرعية · الباب الثاني: الاختصاص

Article 40 provides that a city, governorate or center is the territorial area of the court located in it, with the Supreme Judicial Council allocating areas among several courts, and conflicts of territorial jurisdiction referred to the Supreme Court.

Official text (Arabic)

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

تعد المدينة أو المحافظة أو المركز نطاقًا مكانيًّا للمحكمة التي هي فيها، وعند تعدد المحاكم فيها يحدد المجلس الأعلى للقضاء النطاق المكاني لكل منها. وتتبع المراكز التي ليس فيها محاكم محكمة أقرب بلدة إليها في منطقتها، ما لم يقرر المجلس الأعلى للقضاء تبعيتها لمحكمة أخرى في المنطقة نفسها. وعند التنازع على الاختصاص المكاني - إيجابًا أو سلبًا - تحال الدعوى إلى المحكمة العليا للفصل في ذلك.

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 40 explained in plain English

This article explains how the territorial area of each court is determined, which the rules of the earlier articles that tie jurisdiction to the place of residence or headquarters require.

  • The rule: a city, governorate or center is considered the territorial area of the court located in it.
  • Where there are several courts in the same place: the Supreme Judicial Council determines the territorial area of each of them.
  • Centers that have no courts: they are attached to the court of the nearest town to them in their region, unless the Supreme Judicial Council decides to attach them to another court in the same region.
  • Conflict of territorial jurisdiction: if two courts dispute jurisdiction, whether positively (each considers itself competent) or negatively (each considers itself not competent), the case is referred to the Supreme Court to decide it.

The conflict rule protects the litigant from having his case left hanging between two courts, as the Supreme Court takes charge of deciding which court is competent.

The article does not give the details of dividing areas within cities with several courts; that is left to what the Supreme Judicial Council decides. Anyone who needs to determine precisely the court competent over his case may consult a lawyer specializing in litigation and procedure before the courts.

Practical example

Khaled lives in a small center that has no court, and a person wants to file a case against him. Under this article that center is attached to the court of the nearest town to it in its region, unless the Supreme Judicial Council has decided to attach it to another court in the same region.

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 40 of the Saudi Law of Sharia Procedure

What is a court's territorial area?

A city, governorate or center is considered the territorial area of the court located in it, and if there are several courts in it the Supreme Judicial Council determines the area of each.

If my village or center has no court, where do I go?

Centers that have no courts are attached to the court of the nearest town to them in their region, unless the Supreme Judicial Council decides to attach them to another court in the same region.

What if two courts refuse to hear the case, claiming lack of territorial jurisdiction?

In a positive or negative conflict over territorial jurisdiction, the case is referred to the Supreme Court to decide it.

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.