Article 43 of the Saudi Officers Service Law
المادة 43 من نظام خدمة الضباط · الفصل الأول: الاختيار والنقل
The Article bars transferring second lieutenants and first lieutenants, and captains who have not spent at least two years in their arm's units, to serve outside the arm's units.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يجوز نقل الضباط الآتي ذكرهم للخدمة خارج وحدات السلاح :-
أ- الملازمون والملازمون الأوائل.
ب- النقباء الذين لم يمضوا سنتين على الأقل بوحدات سلاحهم.
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 43 explained in plain English
This Article places a prohibition on transferring certain categories of officers to serve outside the arm's units, namely:
- (a) Second lieutenants and first lieutenants: under the text, they may not be transferred outside the arm's units at all.
- (b) Captains who have not spent at least two years in their arm's units.
In practice, an officer at the start of his service must remain in his arm's units: a second lieutenant and a first lieutenant are not transferred outside them, and a captain is transferred only after he has spent at least two years in his arm's units.
Note that for a captain, what is counted is the period he has spent in his arm's units, as the text states. A captain who has spent two years or more in his arm's units, and officers of higher ranks, are not covered by this prohibition, and their transfer is governed by other provisions of the Law.
The Article is worded "may not", so it is a mandatory rule, and it contains no exceptions. An officer who is the subject of a transfer decision that he believes violates this prohibition may consider consulting a lawyer specializing in administrative cases and military service matters.
Practical example
First Lieutenant Talal is nominated for an administrative post outside his arm's units. He may not be transferred under paragraph (a). The same applies to Captain Saeed, who has spent only one year in his arm's units: he may not be transferred until he completes at least two years.
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 43 of the Saudi Officers Service Law
May a second lieutenant be transferred outside the arm's units?
No. The Article bars transferring second lieutenants and first lieutenants to serve outside the arm's units.
When may a captain be transferred outside the arm's units?
A captain who has not spent at least two years in his arm's units may not be transferred.
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 38
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.
لا يعين الضباط في منصب قيادي ما لم يكن تام التأهيل وإذا رشح أكثر من ضابط لتولي منصب قيادي فيفضل اختيار الضباط الأكفاء.
- 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.
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.