Article 38 of the Saudi Officers Service Law
المادة 38 من نظام خدمة الضباط · الفصل الأول: الاختيار والنقل
The Article bars appointing an officer to a leadership post unless fully qualified, and provides that where more than one officer is nominated, the more competent officers are preferred.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يعين الضباط في منصب قيادي ما لم يكن تام التأهيل وإذا رشح أكثر من ضابط لتولي منصب قيادي فيفضل اختيار الضباط الأكفاء.
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 38 explained in plain English
This Article sets two rules for filling leadership posts:
First: the qualification requirement. An officer is not appointed to a leadership post unless fully qualified. Full qualification is a precondition of appointment, not something to be completed afterwards.
Second: choosing among candidates. If more than one officer is nominated to take a leadership post, the more competent officers are preferred.
In practice this means leadership posts are not filled by seniority alone; competence is the criterion of preference among candidates. But competence is not enough if the officer is not fully qualified: the first rule determines who may be nominated at all, and the second determines who is chosen from among them.
Note that the Article does not define "full qualification" or the criteria of "competence", and does not specify which posts count as leadership posts. The word "preferred" also indicates that competence is a criterion for weighing candidates against each other.
An officer who believes he was passed over for a leadership post despite being fully qualified and competent may consider consulting a lawyer specializing in administrative cases and military service matters.
Practical example
Three officers are nominated to command a battalion, one of whom has not completed the course required for qualification. He may not be appointed because he is not fully qualified. The other two are compared on competence, and the more competent is preferred even if the other is senior.
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 38 of the Saudi Officers Service Law
May an officer who is not fully qualified be appointed to a leadership post?
No. The Article provides that an officer is not appointed to a leadership post unless fully qualified.
How is an officer chosen if more than one is nominated for a leadership post?
The more competent officers are preferred.
More articles on Officer Transfer, Secondment and Loan
- Article 35
The article provides that the Chief of the General Staff is selected by order of the Supreme Commander of the Armed Forces.
يتم اختيار رئيس هيئة الأركان العامة بأمر من القائد الأعلى للقوات المسلحة.
- Article 36Amended (1438 AH)
The article provides that the Deputy Chief of the General Staff and the commanders of the Land, Air, Naval, Air Defense and Strategic Missile Forces are selected by order of the Supreme Commander on the recommendation of the Minister of Defense.
يتم اختيار نائب رئيس هيئة الأركان العامة وقائد القوات البرية وقائد القوات الجوية وقائد القوات البحرية وقائد قوات الدفاع الجوي وقائد قوة الصواريخ الاستراتيجية بأ
- Article 39
The Article provides that officers of all ranks are transferred outside their arm or specialty on the recommendation of the Higher Officers Committee.
يجري نقل الضباط على اختلاف رتبهم خارج السلاح أوالاختصاص بتوصية من لجنة الضباط العليا.
- Article 40Amended (1409 AH)
The Article provides that transfer and confirmation of officers within each force is on the recommendation of the Higher Officers Committee for the rank of lieutenant colonel and above, and by decision of the force commander for major and below.
يجري نقل واثبات الضباط داخل كل قوة بالقوات المسلحة على الوجه الآتي: 1- من رتبة مقدم فما فوق بتوصية من لجنة الضباط العليا. 2- من رتبة رائد فما دون بقرار من قائد
- Article 41
The Article provides that an officer serves in field units for the longest possible period and is not transferred from them, or from the arm he serves in, except in case of extreme necessity.
يخدم الضابط في الوحدات الميدانية أطول مدة ممكنة ولا ينقل منها أو من السلاح الذي يعمل فيه إلا عند الضرورة القصوى.
- Article 42
The Article permits an officer to fill a post of a rank higher than his own, provided the difference does not exceed two ranks.
يجوز أن يشغل الضابط وظيفة ذات رتبة أعلى من رتبته على أن لا تتجاوز رتبتين على الأكثر.
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.