Article 51 of the Saudi Law of the Judiciary
المادة 51 من نظام القضاء
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.
Official text (Arabic)
This article has not been amended since the law was issued.
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 عمل يرى أن القيام به يتعارض مع واجبات الوظيفة وحسن أدائها.
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 51 explained in plain English
This article places a restriction on a judge's activity outside his judicial work, to protect his independence and the standing of his office, and contains two provisions:
The first provision: a direct prohibition. Judicial office may not be combined with any of the following:
- Engaging in trade.
- Any post or work inconsistent with the independence and dignity of the judiciary.
The second provision: the power to bar. The Supreme Judicial Council may decide to bar a judge from engaging in any work that it considers conflicts with the duties of the post and its proper performance. So even if the work is not trade and is not by its nature inconsistent with the independence and dignity of the judiciary, the Council may bar it if it considers that it conflicts with the duties of the post and its proper performance.
The reason is evident: a judge who engages in trade may have interests that conflict with those of the parties before him, and his preoccupation with other work may affect the performance of his job. This is connected to Article 1, which provides that judges are independent and are subject to no authority in their judging other than the provisions of Islamic Sharia and the laws in force.
The article is connected to Article 52, which bars judges from disclosing the secrecy of deliberations, and to Article 50, which makes the granting of leave to judges by decision of the president of the Supreme Judicial Council. All are among the provisions that regulate a judge's duties and employment status. The article does not detail the permitted work; its criterion is that the work be consistent with the independence and dignity of the judiciary and not conflict with the duties of the post.
Practical example
A judge at a court in Qassim is thinking of opening a shop in his name and running it himself. Under Article 51, he may not combine judicial office with engaging in trade. If he wanted to take up some other non-commercial work, the Supreme Judicial Council may decide to bar him from it if it considers that it conflicts with the duties of the post and its proper performance.
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 51 of the Saudi Law of the Judiciary
May a judge engage in trade?
No. Article 51 prohibits combining judicial office with engaging in trade.
May a judge work in another job?
He may not combine it with any post or work inconsistent with the independence and dignity of the judiciary, and the Supreme Judicial Council may bar him from any work that conflicts with the duties of his post.
Who decides to bar a judge from a particular work?
The Supreme Judicial Council, if it considers that the work conflicts with the duties of the post and its proper performance.
More articles on Rights and Duties of Judges
- 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 45
The article provides that members of the judicial corps enjoy the rights and guarantees in the Civil Service Law and the Retirement Law and observe the civil service duties that do not conflict with judicial work, without prejudice to the Law of the Judiciary.
مع عدم الإخلال بما يقتضيه هذا النظام من أحكام يتمتع أعضاء السلك القضائي بالحقوق والضمانات المقررة في نظام الخدمة المدنية ونظام التقاعد ، ويلتزمون بما نص عليه نظ
- Article 48
The article provides that the salaries of members of the judicial corps in all their grades follow their own salary scale.
تكون رواتب أعضاء السلك القضائي بجميع درجاتهم وفقًا لسلم الرواتب الخاص بهم.
- Article 49
The article limits transferring and seconding judges within the corps to a decision of the Supreme Judicial Council, and outside it to a royal order, with secondment and loan lasting one year, renewable for another.
لا يجوز نقل أعضاء السلك القضائي أو ندبهم داخل السلك القضائي إلا بقرار من المجلس الأعلى للقضاء . كما لا يجوز نقل أعضاء السلك القضائي أو ندبهم أو إعارتهم خارج الس
- Article 50
The article gives the president of the Supreme Judicial Council, by his decision, the power to grant judges leave within the limits of the provisions governing it.
يرخص رئيس المجلس الأعلى للقضاء - بقرار منه - للقضاة بالإجازات في حدود الأحكام المنظمة لذلك.
- Article 52
The article prohibits judges from disclosing the secrecy of deliberations.
لا يجوز للقضاة إفشاء سر المداولات.
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.