malicious lawsuit
In this article, we shed light on its legal concept, the pillars that distinguish it, and the effects that result from it if proven. These legal insights come with the aim of educating individuals about their rights and enabling them to understand the procedures associated with this type of lawsuit, especially in light of the interest that the judicial systems in the Kingdom pay to protecting litigants from any exploitation of litigation procedures.
First: its definition
It is defined as: “A person unlawfully files a lawsuit against another, with the intention of harming him, knowing that the plaintiff does not have the right.” It is undoubtedly a form of abuse of the right to litigation, and is a prohibited act by Sharia and law, as it wastes time, drains resources, and harms opponents.
It has also been defined as: “Demanding something that has no right to, and with the intention of harming the defendant.”
Second: Its pillars
Filing a lawsuit: There must be a lawsuit filed before the judiciary.
Lack of right: A lawsuit is filed regarding a right that does not exist or is not completely established for the plaintiff.
Bad intent (intent to harm): The purpose of filing a lawsuit is to harm the defendant, not to claim a legitimate right.
Knowledge of the lack of truth: The plaintiff knows with certainty that he has no right to what he claims.
Whenever all of these previous pillars are present, we are dealing with a malicious lawsuit, and the perpetrator will be punished by the department examining the lawsuit.
Third: The implications of the lawsuit
The case was dismissed by the court.
Compensation for the injured party: The court has the right, upon the defendant’s request, to oblige the malicious plaintiff to pay compensation for the material or moral damages he suffered.
Imposing a fine: The court may impose a fine on the malicious plaintiff to discipline him.
The Chamber has the right to punish the plaintiff for lying in this case, provided that its previous elements are proven by the Chamber.
Fourth: Examples of them
A person files a property ownership claim and learns that it is owned by someone else for the purpose of disrupting its sale to her.
An employee files a lawsuit against his employer demanding compensation and knowing he doesn’t deserve it just to hurt him.
A merchant files a defamation lawsuit against a competitor with the aim of weakening his business position without there being actual defamation.
Fifth: What is the difference between a malicious lawsuit and a false lawsuit
A malicious lawsuit: It is a lawsuit in which the person who filed it knows that he has no right to it and files it with the intention of causing harm.
Invalid claim: This claim may be filed without intent to harm, but due to an error or misunderstanding of the disputed right. Therefore, every malicious claim is false, but not every false claim is considered malicious.
Sixth: The position of Islamic law on malicious claims
Intrigue in a dispute is forbidden by Islamic law. God Almighty said: {Indeed, the plot of Satan was weak} [An-Nisa: 76] as it was reported from the Prophet, may God bless him and grant him peace, that he said:
“Those who are being tried to the Sultan, both of them curse their owner, and if one of them is unjust to his owner, the curse is truly his.” (Narrated by Abu Dawud – Sahih Al-Jami’ 6614).
Finally
The General Rules for Malicious Claims regulate all matters related to malicious claims, which are serious phenomena that must be addressed. Therefore, the regime in the Kingdom was keen to criminalize it and punish its perpetrators to ensure the integrity of litigation procedures and protect the rights of individuals.
In the office of lawyer Abdul Majeed Al Rashid, we are keen to provide justice and preserve the rights and dignity of every victim. If you are one of the victims of malicious cases, we will put our legal expertise to protect you.
Frequently Asked Questions
How much is the fine for a malicious lawsuit in Saudi Arabia?
There is no specific amount, but the judge may impose it to discipline the malicious plaintiff in addition to punishing him if the case is proven malicious.
When is a lawsuit considered malicious?
A lawsuit is considered malicious if a person unlawfully files a lawsuit against another person, with the intent to harm him, knowing that the plaintiff does not have the right.
How is the maliciousness of the lawsuit proven?
It is only proven in three cases, in accordance with Cabinet Resolution No. 94 regulating the rules for reducing malicious complaints.
The plaintiff admits that his claim is false and malicious, or that the claim must be so clear in lying that reason can be certain that it is not true.
Whoever disputes in a case ending with a ruling or decision that he knows about or hides in his complaint.
Repeated claim in a terminated case.
Do I have the right to file a compensation claim due to a malicious claim by one of the opponents?
Yes, the defendant has the right to file a lawsuit to compensate for the damage he suffered if the lawsuit is proven malicious. Article 215 of the Code of Criminal Procedure also stipulates that “and everyone who has suffered harm – as a result of being accused of malice, or as a result of prolonging his prison term or detention beyond the prescribed period – has the right to request compensation before the court to which the original lawsuit was filed.”
What is the difference between a sham and a malicious lawsuit? What are the prescribed penalties?
A sham lawsuit is what appears to be a legal dispute and is actually a ploy to reach an illegal matter.
Malice is when the plaintiff demands something from someone else that he has no right to, even though he knows it. The plaintiff intends this to offend and harm the plaintiff.
The ruling to punish the maliciousness or formality of the case, along with the ruling to reject the case, shall be based on the text of Article 3 of the Sharia Procedures System and its executive regulations.
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