Article 5 of the Saudi Law of Sharia Procedure

المادة 5 من نظام المرافعات الشرعية · الباب الأول: أحكام عامة

Article 5 provides that a procedure is void if the Law says so or if a defect defeats its purpose, but voidness is not ruled where the procedure's purpose was achieved despite an express provision.

Official text (Arabic)

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

يكون الإجراء باطلًا إذا نص النظام على بطلانه، أو شابه عيب تخلّف بسببه الغرض من الإجراء، ولا يحكم بالبطلان - برغم النص عليه - إذا ثبت تحقق الغاية من الإجراء.

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 5 explained in plain English

This article states the general rule on the voidness of procedures before the courts, that is, when a procedure is treated as if it had not occurred.

A procedure is void in two cases:

If the Law expressly provides for its voidness.
If it is tainted by a defect that defeated the purpose of the procedure, even if there is no express provision for voidness; what matters here is that the defect spoiled the aim for which the procedure was established.

The important exception: voidness is not ruled, even if the Law provides for it, if it is established that the purpose of the procedure has been achieved. The Law does not aim at form for its own sake, but at the aim of the procedure.

In practice, a person who relies on the voidness of a procedure is not helped by merely pointing to a formal error, as that may be rejected once it is established that the procedure served its purpose. Conversely, a procedure may be void even if the Law does not provide for its voidness, if the defect defeated its purpose.

Among the procedures the Law regulates in this context is what Article 6 provides, that a clerk must attend with the judge at hearings and in all case procedures to draft the record and sign it with him.

Whether the purpose of a procedure was achieved varies from case to case, so it is advisable to consult a lawyer specializing in procedure and litigation before relying on voidness or responding to it.

Practical example

A notice of service addressed to Ahmed contains an error in some of its details, but Ahmed received it, attended the hearing on time and presented his defense. If it is established that the purpose of the notice, which is his knowledge of the case and enabling him to attend, has been achieved, voidness is not ruled even if the Law provides for it.

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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