Article 12 of the Saudi Law of the Judiciary
المادة 12 من نظام القضاء
Each Supreme Court circuit sits under its president with all its members present, and if one is absent the president of the court assigns a member of another circuit in his place.
Official text (Arabic)
This article has not been amended since the law was issued.
تنعقد كل دائرة من دوائر المحكمة العليا برئاسة رئيسها وبحضور جميع أعضائها، فإن غاب أحدهم أو قام به مانع كلف رئيس المحكمة العليا بدلًا عنه أحد أعضاء الدوائر الأخرى في المحكمة.
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 12 explained in plain English
This article sets a clear rule for how the circuits of the Supreme Court sit: a circuit sits only under its president and with all its members present. The presence of a majority of the members, as in some other bodies, is not enough.
The article deals with the case of absence or impediment: if a member of the circuit is absent or is prevented from taking part, the president of the Supreme Court assigns a member of one of the court's other circuits in his place, so that the circuit is complete.
The importance of this rule is clear when it is read with Article 10, which sets the number of judges in each circuit: three judges, or five in the criminal circuit that hears judgments issued for death, amputation, stoning, or retribution for a life or for lesser injuries. Requiring everyone to be present means the judgment is issued by the full number the Law specifies.
It is also connected to Article 11, which makes a judgment issued by a court that was not properly constituted one of the grounds for reviewing judgments. This shows how important the proper composition of a circuit is to judicial work generally.
The article does not explain what counts as an impediment, nor does it set conditions for choosing the replacement member, other than that he must be a member of another circuit of the same court and that he is assigned by the president of the Supreme Court.
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 12 of the Saudi Law of the Judiciary
Can a Supreme Court circuit sit if one of its members is absent?
No. A circuit sits under its president with all its members present, and if one is absent the president of the Supreme Court assigns another member in his place.
Who replaces an absent judge in a Supreme Court circuit?
The president of the Supreme Court assigns a member of one of the court's other circuits in his place.
More articles on Supreme Court
- Article 10
The article sets the seat of the Supreme Court in Riyadh, how its president and members are appointed, and how its circuits are formed from three judges, or five in the criminal circuit for death, amputation, stoning and retribution judgments.
1- يكون مقر المحكمة العليا مدينة الرياض. 2- يسمى رئيس المحكمة العليا بأمر ملكي ، وتكون درجته بمرتبة وزير ولا تنهى خدمته إلا بأمر ملكي ، ويشترط أن تتوافر فيه الش
- Article 11
The Supreme Court oversees the sound application of Sharia and the laws, by reviewing death, amputation, stoning and retribution judgments and other appeal judgments where an objection rests on specified grounds.
تتولى المحكمة العليا - بالإضافة إلى الاختصاصات المنصوص عليها في نظام المرافعات الشرعية ونظام الإجراءات الجزائية - مراقبة سلامة تطبيق أحكام الشريعة الإسلامية وما
- Article 13
The article establishes the General Assembly of the Supreme Court, made up of its president and all its judges, to lay down general principles, with a quorum of two thirds and final decisions by majority of those present.
1- يكون للمحكمة العليا هيئة عامة برئاسة رئيس المحكمة وعضوية جميع قضاتها. 2 - تتولى الهيئة العامة للمحكمة العليا ما يلي : أ - تقرير مبادئ عامة في المسائل المتعلق
- Article 14
If a circuit of the Supreme Court or of an appeal court wishes to depart from a principle the Supreme Court previously adopted, the matter goes to its president to refer to the General Assembly to decide.
إذا رأت إحدى دوائر المحكمة العليا - في شأن قضية تنظرها - العدول عن مبدأ سبق أن أخذت به أو أخذت به دائرة أخرى في المحكمة نفسها في قضايا سابقة، أو رأت إحدى دوائر
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.