Article 76 of the Saudi Law of the Judiciary
المادة 76 من نظام القضاء
The article requires anyone appointed as a notary to meet the conditions in paragraphs (a), (b), (c), (d) and (f) of Article 31, which sets the conditions for taking up judicial office.
Official text (Arabic)
This article has not been amended since the law was issued.
يشترط فيمن يعين على وظيفة كاتب عدل أن تتوافر فيه الشروط المنصوص عليها في الفقرات (أ)، و(ب) و(ج)، و(د)، و(و) من المادة الحادية والثلاثين من هذا النظام.
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 76 explained in plain English
This article sets the conditions for appointment to the post of notary by reference to Article 31, which states the conditions for those who take up judicial office. It does not adopt all of its conditions, only paragraphs (a), (b), (c), (d) and (f). Accordingly, a person appointed as a notary must:
- (a) Be a Saudi national by origin.
- (b) Be of good character and conduct.
- (c) Have full legal capacity to act as a judge as provided under Sharia.
- (d) Hold a degree from one of the Sharia colleges in the Kingdom or another equivalent degree, provided that in the latter case he passes a special examination set by the Supreme Judicial Council.
- (f) Not have been sentenced for an offense involving a breach of religion or honor, or been subject to a disciplinary decision of dismissal from public office, even if his standing has since been restored.
What the article does not refer to: Paragraph (e) of Article 31, which concerns the minimum age (40 years for an appeal judge and 22 years for the other grades of the judicial corps). This condition is not mentioned among the notary's conditions in this article.
Connected to this article is Article 77, which keeps in force the regulation issued by agreement between the Minister of Justice and the Minister of Civil Service on the qualifications for filling the grades of notary posts; that regulation may contain the details of the qualifications by grade of post.
Practical example
Fahd graduated from one of the Sharia colleges in the Kingdom. He is a Saudi by origin, of good character, has not been sentenced for an offense involving a breach of religion or honor, and has not been disciplinarily dismissed from public office. These are among the conditions Article 76 requires for appointment as a notary, together with full legal capacity to act as a judge under Sharia.
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 76 of the Saudi Law of the Judiciary
What are the conditions for appointment as a notary in Saudi Arabia?
Article 76 refers to paragraphs (a), (b), (c), (d) and (f) of Article 31: Saudi nationality by origin, good character, full legal capacity to act as a judge under Sharia, a Sharia college degree or its equivalent, and no sentence for an offense involving a breach of religion or honor and no disciplinary dismissal.
Is there a minimum age for appointment as a notary?
Article 76 does not refer to paragraph (e) of Article 31, which concerns age, so it states no age condition for a notary.
Can a graduate of a college other than a Sharia college be a notary?
A degree equivalent to a degree from the Kingdom's Sharia colleges is accepted, provided the candidate passes a special examination set by the Supreme Judicial Council.
Articles this article refers to
More articles on Notaries Public
- Article 73Amended (1440 AH)
The article provides that notary offices are established, and their jurisdictions and composition determined, by decision of the Minister of Justice, and that the head of each notary office supervises its notaries.
يكون إنشاء كتابات العدل، وتحديد دوائر اختصاصها وتكوينها بقرار يصدره وزير العدل . ويشرف رئيس كل كتابة عدل على كتاب العدل التابعين لها.
- Article 74
The article makes notary offices competent to notarize contracts and record acknowledgments, except endowments and wills, and allows some of these functions to be entrusted to others under a regulation issued by the Minister of Justice.
تختص كتابات العدل بتوثيق العقود وضبط الإقرارات فيما عدا الأوقاف والوصايا ، ويجوز أن يعهد ببعض هذه الاختصاصات إلى الغير، وذلك وفق لائحة تصدر بقرار من وزير العدل
- Article 75
The article assigns the notary function to the town's court where the town has no notary office, with the powers and authority of a notary office within the court's territorial jurisdiction.
تسند مهمة كتابة العدل - في البلد الذي ليس فيه كتابة عدل - إلى محكمة البلد. ويكون لها اختصاصات كتابة العدل وصلاحيتها في حدود اختصاص المحكمة المكاني.
- Article 77
The article keeps in force the regulation issued by agreement between the Minister of Justice and the Minister of Civil Service on the qualifications for notary post grades, and lets them amend it in accordance with the Law.
يستمر العمل باللائحة الصادرة بالاتفاق بين وزير العدل ووزير الخدمة المدنية ، المتعلقة بتحديد مؤهلات شغل فئات وظائف كتاب العدل، ويجوز لهما تعديل ما يلزم منها وفقً
- Article 78
The article subjects notaries to all the provisions that apply to civil service employees, without prejudice to what the Law of the Judiciary provides.
مع عدم الإخلال بالأحكام المنصوص عليها في هذا النظام، يخضع كتاب العدل لجميع الأحكام التي يخضع لها موظفو الخدمة المدنية.
- Article 79
The article subjects notaries to judicial inspection in accordance with the provisions of the Law of the Judiciary.
يخضع كتاب العدل للتفتيش القضائي، وفقا لأحكام هذا النظام.
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.