Article 52 of the Saudi Law of Sharia Procedure
المادة 52 من نظام المرافعات الشرعية · الباب الرابع: حضور الخصوم وغيابهم والتوكيل في الخصومة
An agent's withdrawal or dismissal without the court's approval does not stop the proceedings, unless the principal informs his opponent of appointing another agent or of his intention to pursue the claim himself.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يحول اعتزال الوكيل أو عزلـه بغير موافقة المحكمة دون سير الإجراءات، إلا إذا أبلغ الموكِّل خصمه بتعيين وكيل آخر بدلًا من المعتزل أو المعزول، أو بعزمه على مباشرة الدعوى بنفسه.
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 52 explained in plain English
This article deals with what happens if the agency relationship ends while the case is being heard, whether because the agent withdraws (steps down of his own accord) or the principal dismisses him.
The basic rule: the agent's withdrawal or dismissal without the court's approval does not prevent the proceedings from continuing. That is, the case does not stop merely because the agency has ended, so that this is not used as a way to hold up the claim.
The exception: this effect does not continue if the principal does one of two things:
- He informs his opponent of the appointment of another agent in place of the agent who withdrew or was dismissed.
- Or he informs his opponent of his intention to pursue the claim himself.
So the practical duty of a principal who has changed his agent, or whose agent has withdrawn, is to promptly inform his opponent of the replacement, so it is clear who represents him in the proceedings.
This article is linked to Article 51, which sets out the effect of what the agent states on his principal, and to Article 53, which allows the court to require the principal himself or another agent if the agent repeatedly asks for extensions in order to stall.
Anyone who wants to change his agent during a pending case would do well to consult a lawyer specializing in litigation and court procedure so the proceedings of his claim are not affected.
Practical example
Nasser dismissed his lawyer while his claim was being heard, without going back to the court. The proceedings of the claim do not stop because of that, unless Nasser informs his opponent that he has appointed another lawyer or that he will pursue the claim himself.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentA question about Article 52 of Law of Sharia Procedure?
Describe what happened and specialist lawyers answer. You can write in English.
- Completely free
- Lawyers from the directory answer
- Your name stays hidden
General Practice lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
General Practice lawyers
Lawyers who handle this kind of case
Ali Al-Rubaie Law Office
Khalid Abdulrahman Al-Hajlah Law and Arbitration Office
Frequently asked questions about Article 52 of the Saudi Law of Sharia Procedure
Does the case stop if I dismiss my lawyer?
The agent's dismissal or withdrawal without the court's approval does not prevent the proceedings from continuing, unless the principal informs his opponent of appointing another agent or of his intention to pursue the claim himself.
What must I do after my agent withdraws?
According to the article, the principal informs his opponent of the appointment of another agent in his place or of his intention to pursue the claim himself.
More articles on Attendance and Absence of Parties
- Article 48
If the court has set a hearing for two litigants and they appear at a time other than the one set and ask for their dispute to be heard, the court must grant their request if possible.
إذا عينت المحكمة جلسة لشخصين متداعيين، ثم حضرا في غير الوقت المعين وطلبا النظر في خصومتهما، فعليها أن تجيب هذا الطلب إن أمكن.
- Article 49
Litigants attend on the day the case is heard in person or through a representative, and a representative who is an agent must be someone with the right to act as an agent under the law.
في اليوم المعين لنظر الدعوى يحضر الخصوم بأنفسهم أو مَنْ ينوب عنهم، فإذا كان النائب وكيلًا تعين كونه ممن له حق التوكل حسب النظام.
- Article 50
The article requires the agent to declare his attendance on behalf of his principal and file a certified copy of his power of attorney, allows proving the authorization at the hearing, and applies the filing duty to guardians, legal guardians and trustees.
يجب على الوكيل أن يقرر حضوره عن موكله، وأن يودع صورة مصدقة من وثيقة وكالته لدى الكاتب المختص. وللمحكمة أن ترخص للوكيل عند الضرورة بإيداع صورة الوثيقة في موعد تح
- Article 51
What an agent states in his principal's presence counts as the principal's own admission unless he denies it at the hearing, and in the principal's absence the agent has no power over serious acts such as admission, settlement and waiver without special authorization.
كل ما يقرره الوكيل في حضور الموكِّل يكون بمثابة ما يقرره الموكِّل نفسه، إلا إذا نفاه أثناء نظر القضية في الجلسة نفسها. وإذا لم يحضر الموكِّل فلا يصح من الوكيل ا
- Article 53
If it appears to the court that the agent asks for extensions too often on the pretext of consulting his principal in order to stall, it may require the principal himself or another agent.
إذا ظهر للمحكمة من أحد الوكلاء كثرة الاستمهالات بحجة سؤال موكله بقصد المماطلة، فلها حق طلب الموكل بنفسه لإتمام المرافعة أو توكيل وكيل آخر.
- Article 54
The article bars the judge, members of the Investigation and Public Prosecution Authority and court staff from acting as agents for litigants, even before another court, except for their spouses, ascendants, descendants and those under their guardianship.
لا يجوز للقاضي ولا لعضو هيئة التحقيق والادعاء العام ولا لأحد من العاملين في المحاكم أن يكون وكيلًا عن الخصوم في الدعوى ولو كانت مقامة أمام محكمة غير المحكمة الت
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.