Article 53 of the Saudi Law of the Judiciary
المادة 53 من نظام القضاء
The article requires a judge to reside in the town where his place of work is located, and allows the Supreme Judicial Council, in exceptional circumstances, to permit him to reside temporarily in another nearby town.
Official text (Arabic)
This article has not been amended since the law was issued.
يجب أن يقيم القاضي في البلد الذي فيه مقر عمله. ويجوز للمجلس الأعلى للقضاء لظروف استثنائية أن يرخص للقاضي في الإقامة مؤقتًا في بلد آخر قريب من مقر عمله.
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 53 explained in plain English
This article sets a duty relating to where a judge resides, and contains a rule and an exception:
The rule: a judge must reside in the town where his place of work is located. He may not, as a rule, live in another city and commute to his work.
The exception: the Supreme Judicial Council may permit a judge to reside in another town, subject to three restrictions that must all be met:
- It must be for exceptional circumstances.
- The residence must be temporary.
- The other town must be near his place of work.
Note that the body with power to grant permission is the Supreme Judicial Council, so the judge cannot decide this himself. The article does not specify what counts as an exceptional circumstance, how near the town must be, or the length of the temporary residence.
The aim of this provision is to ensure that the judge is close to his court and regular in his work. This article complements Article 54, which provides that a judge may not be absent from his place of work, or be cut off from his work for a non-sudden reason, before being permitted in writing to do so. Together with Article 52, which prohibits judges from disclosing the secrecy of deliberations, it falls among the job duties of judges.
Practical example
A judge is appointed to a court in the governorate of Al-Kharj, and his family faces exceptional health circumstances that require them to stay temporarily in nearby Riyadh. The rule under Article 53 is that he resides in Al-Kharj, but the Supreme Judicial Council may permit him to reside temporarily in Riyadh because of these exceptional circumstances.
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 53 of the Saudi Law of the Judiciary
Must a judge live in the city where he works?
Yes. A judge must reside in the town where his place of work is located.
May a judge reside in another city?
He may with permission from the Supreme Judicial Council for exceptional circumstances, provided the residence is temporary and in another town near his place of work.
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 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
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.