Article 4 of the Saudi Law of the Judiciary
المادة 4 من نظام القضاء
Judges may not be sued over their official acts except under the conditions and rules for their discipline, without prejudice to Article 68.
Official text (Arabic)
This article has not been amended since the law was issued.
مع عدم الإخلال بحكم المادة الثامنة والستين من هذا النظام، لا تجوز مخاصمة القضاة - بسبب أعمال وظيفتهم - إلا وفق الشروط والقواعد الخاصة بتأديبهم.
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 deals with suing judges, that is, bringing claims against them or holding them accountable for what they do in the course of their duties. The rule it sets is that such a claim is not permitted except under the conditions and rules for their discipline.
This means that a person who is not satisfied with a judge's judgment or action in his case cannot sue him in the usual way like any other opponent. Instead, holding the judge accountable for his official acts is through the rules the Law sets for disciplining judges. This protection is limited to claims because of official acts.
The article begins with the phrase "without prejudice to the provision of Article 68", and that article regulates the arrest of a member of the judiciary:
- If he is arrested and detained in the case of being caught in the act of a crime, his matter must be referred to the Supreme Judicial Council within twenty-four hours of his arrest, and the Council may decide to continue his detention or release him with or without bail.
- Otherwise, he may not be arrested, investigated or have a criminal case brought against him except with the permission of the Council.
- Members of the judiciary are detained and sentences restricting their liberty are carried out in separate places.
This guarantee protects the judge from malicious claims that the loser of a case might bring to take revenge or apply pressure, while accountability remains possible through the route the Law sets out. Anyone with a complaint of this kind is best advised to consult a lawyer who specializes in litigation and court procedures.
Practical example
Saad lost a commercial case in Jeddah and believed the judge had made a mistake in his work, so he wanted to bring a compensation claim against him personally. Under this article, a judge may not be sued over his official acts except under the conditions and rules for disciplining judges, so Saad cannot sue him like an ordinary opponent.
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 4 of the Saudi Law of the Judiciary
Can a judge be sued because of his judgment?
Judges may not be sued over their official acts except under the conditions and rules for their discipline.
Can a judge be arrested in Saudi Arabia?
Under Article 68, he may not be arrested or investigated except with the permission of the Supreme Judicial Council, except where he is caught in the act of a crime, in which case his matter must be referred to the Council within 24 hours.
What happens if a judge is arrested in the act of a crime?
His matter must be referred to the Supreme Judicial Council within 24 hours of his arrest, and the Council may decide to continue his detention or release him with or without bail.
Articles this article refers to
More articles on Judicial Independence and Judges' Guarantees
- Article 1
The article establishes that judges are independent, subject in their judgments only to the provisions of Islamic Sharia and the laws in force, and that no one may interfere with the judiciary.
القضاة مستقلون، لا سلطان عليهم في قضائهم لغير أحكام الشريعة الإسلامية والأنظمة المرعية، وليس لأحد التدخل في القضاء.
- Article 2
The article provides that judges may not be removed except in the cases set out in the Law of the Judiciary itself.
القضاة غير قابلين للعزل إلا في الحالات المبينة في هذا النظام.
- Article 3
The article prevents transferring judges to other posts except with their consent or because of their promotion and in accordance with the Law, without prejudice to Article 49.
مع عدم الإخلال بحكم المادة التاسعة والأربعين من هذا النظام، لا ينقل القضاة إلى وظائف أخرى إلا برضاهم أو بسبب ترقيتهم ووفق أحكام هذا النظام.
- Article 46
The article bars removing a member of the judicial corps, other than a lieutenant or a probationary initial appointee, except on the grounds in paragraphs (f, g, h) of Article 69 and under the Law's procedures.
فيما عدا الملازم القضائي ومن يعين ابتداءً تحت التجربة، لا يعزل عضو السلك القضائي إلا بناءً على الأسباب المنصوص عليها في الفقرات (و، ز، ح) من المادة التاسعة والس
- Article 51
The article prohibits combining judicial office with engaging in trade or any post or work inconsistent with judicial independence and dignity, and allows the Supreme Judicial Council to bar a judge from any work that conflicts with his duties.
لا يجوز الجمع بين وظيفة القضاء ومزاولة التجارة، أو أي وظيفة أو عمل لا يتفق مع استقلال القضاء وكرامته. ويجوز للمجلس الأعلى للقضاء أن يقرر منع القاضي من مباشرة أي
- Article 68
The article requires that the case of a member of the judicial corps arrested in the act be brought before the Supreme Judicial Council within 24 hours, and otherwise bars arresting or investigating him except with the Council's permission.
يجب عند القبض على عضو السلك القضائي وتوقيفه - في حالة تلبسه بجريمة - أن يرفع أمره إلى المجلس الأعلى للقضاء خلال أربع وعشرين ساعة من القبض عليه. وللمجلس أن يقرر
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.