What is the custom in Saudi law? Learn about his judicial rulings

What is the custom in Saudi law? Learn about his judicial rulings

Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.

In many commercial and civil transactions, you may not find a written text governing precise details, but those details remain legally binding thanks to custom. 

Custom in Saudi law represents the cornerstone of stable transactions, and the Saudi evidentiary system has permitted its use as valid legal evidence, making it an essential tool for controlling contracts and resolving disputes. 

The importance of custom is evident through the conditions for its adoption and the controls of proof that ensure that usual practices are transformed into legal rules applicable before the courts.

What is the definition of custom in Saudi law?

Custom means everything that people have become familiar with and accustomed to in their dealings and have continued to do for a long time until it has become binding among them, whether it is a general custom for everyone or specific to a specific country or a specific group, such as the custom of merchants or farmers.

What are the customary conditions in Saudi law?

• The custom must be frequent and continuous.
• That custom does not violate public order and morals.
• That custom does not violate the regulatory or legal text.
• The parties must not agree contrary to custom.

What is proof by custom?

Custom is considered one of the oldest methods of proof, as it is a means of building systems and the main reason for its existence, as it ranks third in legislation in the Kingdom of Saudi Arabia. 

 Custom also contributes to stabilizing transactions and ending disputes and conflicts between people.

Therefore, the Saudi Evidence System, in Article 88, permits proof by custom in law or custom between parties in the absence of a regulatory text or agreement between the parties, or if it does not violate public order and morals.

The system stipulated that any opponent who relies on custom must prove:

• The existence of custom at the time of the incident.
• Clarify the custom on which it is based.
• Proving his connection to the case and his impact on it.

The law allows the court to appoint an expert to verify the establishment of custom or habit among the opponents in the event of a disagreement between them.

What is the difference between custom and custom?

Habit is considered more comprehensive than custom. Habit is everything that an individual or group is accustomed to and has become accustomed to among themselves without believing that it is binding on them. 

Custom is the habituation of people or a group of them to a certain behavior, such that this habit results in rules that are believed to be binding and obligatory to follow.

The process of proving custom before Saudi courts requires high legal precision to ensure the admissibility of evidence. 

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What is meant by commercial custom?

Commercial custom refers to a set of unwritten commercial customs that arose due to the large number of transactions between merchants in a particular area. They unanimously agreed to respect them in their transactions for a long period of time until they became prevalent among them, while believing them to be binding as legislative rules.

The Commercial Courts System has emphasized the importance of commercial custom, as Article 57 stipulates that it is permissible to rely on commercial custom or custom between the parties in matters for which there is no special text or agreement between the parties on something else, and whoever adheres to the custom or custom must prove their existence.

Article 161 of the Executive Regulations of the System stipulates that the court may rely on established commercial custom and may, when appealing it, seek the assistance of whomever it deems appropriate to prove its existence or non-existence.

Examples of custom in commercial law

Examples of custom in commercial law

• Approval of the balance is an acknowledgment by the authenticator proving the amount of authentication owed to him.
• Determine the method of delivering goods in sea sales.
• Delivering the value of the goods after a certain period “forward” or after selling them and collecting their price.

Custom remains a fundamental pillar for stabilizing transactions and filling the legislative vacuum, making it a crucial tool for protecting rights before Saudi courts. 

Success in proving it requires extreme legal accuracy. The lawyers of the office of Lawyer Abdul Majeed Al Rashid provide you with specialized legal consultations, drafting contracts and court memoranda, with professional judicial representation that ensures strengthening your position and managing your disputes efficiently.