Article 165 of the Sharia Procedures System: Objection

Article 165 of the Sharia Procedures System: Objection

Article 165 of the Sharia Procedures Law requires the court to make the opponents understand their right to object to the issued ruling, and to state the deadline for objection, as well as if one of the opponents (guardian, trustee, supervisor, or representative of a government agency); The court must make them understand that the ruling will be automatically referred to the Court of Appeal even if they do not submit their objection, and below we discuss the legal text and its explanation.

Article 165 of the Sharia Procedures System
It stipulates that: “The court must – after pronouncing the ruling – make the opponents understand the prescribed methods of objection and their dates, and it must also make guardians, trustees, supervisors, representatives of government agencies, and the like understand – if the ruling is issued in the wrong interest of those who represent it or for less than what they requested – that the ruling is subject to appeal or scrutiny and that it will refer the case to the Court of Appeal“.

Explanation of Article 165 of the Sharia Procedures System

This article clarifies that the judicial department issuing the ruling must, after pronouncing it, make the opponents understand the following:

1- Their right to the approved objection methods and their dates if the opponent does not rule on all his requests.

2- If the convict is (a guardian or trustee of a minor, a supervisor of an endowment, or a representative of a government agency), then if the ruling is issued against the benefit of those representing him, whether (the minor, the endowment, or the government agency), or even if the ruling is issued for less than what they were requesting in the case; The ruling is subject to appeal or scrutiny, and the court that issued the ruling will submit it to the Court of Appeal However, this does not entitle them to submit an objection memorandum within the period stipulated by law.

What is the means of understanding?

Article (165/1) of the Executive Regulations of the Sharia Procedures System has decided on the means of understanding that the judge follows in this regard, as it stipulates that: “The understanding referred to in this article shall be by the circuit in controlling the case“, and accordingly; In all cases, the judge is not required to inform the opponents of the aforementioned understanding orally at the session Rather, it may be sufficient to refer to it in writing when issuing the record of the session in which the verdict was pronounced.

What are the limits of understanding?

The Chamber’s understanding of the opponents is limited to explaining the methods of objecting to the ruling, but without addressing whether the convict is convinced of the ruling or not. This is what was decided by Article (165/2) of the Executive Regulations of the Sharia Procedures System: “The Chamber is satisfied with understanding the opponents of the methods of objecting to the rulings without the convict deciding whether he is convinced of the ruling or not“.

The right to object to the ruling is forfeited

Article (165/3) of the Executive Regulations of the Sharia Procedures System stipulates: “…The right to request an appeal shall lapse in two cases: A. The period stipulated in Article One Hundred and Eighty-Seven of this Law shall pass without submitting a memorandum of objection. b. The person who has the right to object must submit a memorandum registered with the court administration containing his waiver of the appeal request“, and as is clear from the legal text, the convict loses his right to object in two cases:

The first: The period specified for objection shall end without the person against whom the judgment was issued or in whose favor it was not filed submitting his objection to the court. The period for objection, in short, is (30) days for ordinary rulings, and (10) days for urgent rulings, starting from the date of the judgment instrument, which is recorded at the beginning of the instrument above.

The second is that the convict himself submits a request stating that he has waived the appeal request, and this waiver is through the “Requests” + “New Request” box on the “Najez platform”, and this situation may seem strange to some; How is it reasonable for a person to waive his right to object himself? The truth is that there are many cases in which concession is beneficial.

Perhaps the most famous example of this is the rulings issued for lack of specific jurisdiction. Instead of the convict remaining waiting until the objection period expires and then referring the case to the other court with specific jurisdiction, he can simply submit a request to waive his right to object in order to expedite the ruling’s acquisition of final status and achieve his desire to refer the case to the competent court immediately.