Cases of judge response in the Saudi system

Cases of judge response in the Saudi system

The judiciary is an important pillar of the state. Through it, systems are implemented, violations of others’ rights are prevented, and justice is achieved between people.

To ensure the impartiality and integrity of judges, the Sharia Litigation System imposes specific provisions and requirements that judges must adhere to when adjudicating cases before them. It specifies the cases in which a judge may be prevented from hearing the case and the cases in which he may recuse himself.

What is meant by the judge’s response in the Sharia litigation system?

A judge’s response is a request made by an opponent to prevent the judge from hearing the dispute if there is a legal reason to doubt the judge’s impartiality and integrity.

The judge’s response differs from a judge’s resignation in that resignation is when the judge voluntarily refrains from hearing the case and requests that it be referred to another judge.

Cases of judge response in the Saudi system

When is a judge barred from hearing a case?

In the Saudi system, cases of judge dismissal are considered mandatory cases that prevent the judge from hearing or hearing the case, and the parties have the right to request his dismissal.

Article 94 of the Sharia Litigation System stipulates mandatory cases, which are:

• If the judge is the husband of one of the opponents or is a relative or son-in-law to the fourth degree.
• If he or his wife has an existing dispute with one of the parties to the lawsuit.
• If the judge is an agent, guardian, trustee, or potential heir of one of the opponents, or is the spouse of a guardian or trustee of one of the opponents, or is related by kinship or marriage to the fourth degree.
• If the judge has an interest in the existing case, or in his wife, or in one of his relatives or in-laws, or in someone on whose behalf the judge is a representative, guardian, or trustee.
• If he has issued a fatwa or pleaded on behalf of one of the opponents in the case or written about it, even if that was before he became busy with the judiciary.
•  He has previously considered it as a judge, expert or arbitrator, testified therein or initiated an investigation procedure therein.

“Knowing the systemic states of a judge’s response requires a careful understanding of judicial systems and procedures. Contact experienced lawyers in judicial and procedural cases from the office of Attorney Abdul Majeed Al-Rasheed to review your application, prepare the legal formula, and follow up on the procedures accurately and professionally.

What are the reasons for the judge to step down from hearing the case?

What are the reasons for the judge to step down from hearing the case?

The judge may request to recuse himself from hearing the case in the cases stipulated in Article 96 of the Code of Civil Procedure, which are:

• If the judge or his wife has a case similar to the case he is considering.
• If a judge or his wife has a dispute with one of the parties after the case before him has been filed.
• If the judge’s ex-wife, with whom he has a son, or one of his relatives or in-laws up to the fourth degree, has an existing dispute before the judiciary with one of the opponents in the case.
• If one of the opponents works as a servant for the judge.
• If one of the opponents used to visit the judge, spend the night with him, or give him a gift before or after filing the lawsuit.
• If there is enmity or affection between the judge and one of the opponents, it is likely that the judge will not be able to rule without bias.

What are the legal consequences of a judge’s ruling in cases that are prohibited from being heard?

The judge’s ruling shall be invalidated in the cases stipulated in Article 94 of the Law, even if it was concluded by agreement of the parties. Article 95 of the Law stipulates that one of the parties has the right to request the Supreme Court to overturn the final ruling if the case is one of the aforementioned cases and to reconsider the case before another circuit.

How do I submit a request for a judge’s response in the Sharia litigation system?

How do I submit a request for a judge’s response in the Sharia litigation system?

One of the opponents must submit a request for the judge’s response to the court administration, including the reasons for the request and supporting attachments, with the opponent signing the request for response.

Submitting a request for a judge’s response in the Sharia litigation system results in the lawsuit being suspended until the request is decided.

The judge’s response is in order and ensures the integrity of the ruling

Lawyer Abdul Majeed Al Rashid’s office provides comprehensive legal services through a group of specialized lawyers to help you handle cases and judicial procedures with confidence and clarity.

Services include:

• Provide immediate legal advice on current cases.
• Drafting and reviewing legal applications and memoranda professionally.
• Clarify the regulatory procedures and their legal implications.
• Follow up on cases, attend court sessions, and provide appropriate legal opinions for each stage.