Jurisprudence of litigation
Episode thirty-five
International jurisdiction (3)
In the name of God, praise be to God, and may blessings and peace be upon the Messenger of God, our Prophet Muhammad, and upon his family and companions and those who are guided by his guidance.
As for what follows:
May God’s peace, mercy, and blessings be upon you, and may God bless you – my distinguished listeners – in your program: “Jurisprudence of litigation“,We have previously discussed that international jurisdiction in the judiciary determines jurisdiction in disputes with a foreign element, such as if the two parties to the dispute, or one of them, are not citizens of the country in which the court is located, or the dispute is over real estate outside the country in which the court is located, or the two parties agree to hear the case in a country other than their own.
Today we stand in this episode with the local or regional jurisdiction of the courts in the country.
Dear listeners:
As for the local or regional jurisdiction of the courts in the country, it is derived from the pleading system in the country if the dispute is of a local nature, with the two parties to the dispute being among the people of the country, and the thing in dispute is also within the country. Local jurisdiction indicates the court competent to hear the case in the country. For example, the Sharia Procedures System in the Kingdom of Saudi Arabia determines the local jurisdiction of the courts, and indicates the jurisdiction of each court regarding its suits, as well as the competent court in this city. Or that, for example: If Zaid has a lawsuit against Khaled for the price of a car he sold to him, should he file it in the general court or the district court? Does he file it in the court located in Jeddah, or in Riyadh, or elsewhere, and so on? All of this is clarified and controlled by the pleading system. In order to activate the principle of specialization and take into account state jurisdiction.
The third chapter of Part One of the Saudi Sharia Procedures System issued in 1421 AH is devoted to explaining what is related to local jurisdiction, and the following is a summary of what is related to the subject.
First:Article Thirty-Four stipulates: (The lawsuit shall be filed in the court within whose jurisdiction the defendant’s place of residence falls. If he does not have a place of residence in the Kingdom, then jurisdiction shall be in the court within whose jurisdiction the plaintiff’s place of residence falls.
If there are multiple defendants, jurisdiction shall be given to the court within whose jurisdiction the residence of the majority falls. In the event of a tie, the plaintiff shall have the option of filing the lawsuit before any court within whose jurisdiction the residence of one of them falls.
The executive regulations of this article indicate that the place of residence is:The place where the defendant habitually resides; According to what was stipulated in Article (10) of the system, which stipulated a statement of the place of the lawsuit in some cases, for nomadic Bedouins, the person’s place of residence is the place where he resides when the lawsuit is filed, and for detainees and prisoners, the person’s place of residence is the place where he is arrested or imprisoned, and if the defendant is incapacitated, or an endowment administrator, then what matters is the place of residence of his guardian, and the place of residence of the endowment administrator, and if the defendant is a legal agent, then the place of residence that matters is The original.
The executive regulations of Article Thirty-Four also stated that if the plaintiff and defendant do not have a place of residence in the Kingdom, the plaintiff may file his lawsuit in one of the courts of the major cities in the Kingdom.
If the defendant resides in more than one country, the plaintiff may file the lawsuit in one of these countries.
The plaintiff’s case can be heard against some of the defendants if it is not possible for the rest to attend or to be authorized, and it is not permissible to stop hearing the case until everyone attends.
If the defendant’s residence and place of work differ, the defendant’s residence is what matters unless he resides during the work days in the country of his work and the lawsuit is heard there.
The Executive Regulations of Article Thirty-Four also stated that the case may be heard inside the Kingdom in a country other than the defendant in the following circumstances:
A-If the defendant expressly or implicitly waives his right; Such as answering the plaintiff’s lawsuit after hearing it.
B-If the litigants agree to file their claim in another country,Provided that the lawsuit falls within the specific jurisdiction of the court, and that the lawsuit is not related to real estate outside the Kingdom.
C-If there is a condition between the two parties, prior to the lawsuit, that if a dispute arises between them, the lawsuit will be filed in a specific country.
In paragraph (eIn marital matters, the wife has the choice to file her lawsuit in her country or the husband’s country. If the judge hears the lawsuit in the wife’s country, he must appoint a judge in the husband’s country to answer her lawsuit. If the lawsuit is filed, the husband is required to come to her place of residence to proceed with it. If he refuses, it is heard in absentia. If the lawsuit is not filed, the judge dismisses it without his presence. This ruling applies to custody and visitation lawsuits in personal status cases.
The executive regulations of Article Thirty-Four also stated that all procedures related to the arguments for sequestration, whether supplementing, amending, adding, and the like, are heard by the court of the country of the property. Even if the instrument was issued by someone else.
However, if the judge is prohibited from hearing the case for any of the reasons stipulated in the law, the case shall be heard by another judge in the same court, if any, otherwise in the nearest court.
Second:However, if the lawsuit is brought against government administration agencies in matters that fall within the jurisdiction of the public judiciary, Article Thirty-Five states: The lawsuit shall be filed in the court within whose jurisdiction its head office is located, and the lawsuit may be filed to the court within whose jurisdiction a branch of the government agency falls in matters related to that branch.
Third:If the lawsuit is brought against private companies, associations, and institutions, Article Thirty-Six of the Code of Procedure stipulates that the lawsuit be filed in the court within whose jurisdiction the center of its administration falls, whether the lawsuit is against the company, association, or institution, or from the company, association, or institution against one of the partners or members, or from one partner or member against another.
The lawsuit may be filed with the court within whose jurisdiction the branch of the company, association, or institution falls, in matters related to this branch.
Dear listeners:
This was a brief overview of the local jurisdiction of the public judiciary in the courts of the Kingdom of Saudi Arabia, according to what is stated in the Sharia Procedures System, and in the next episode – God Almighty willing – we will continue the discussion on this topic. I ask God Almighty to provide me and you with His help and success, and praise be to God, Lord of the Worlds.
God Almighty knows best.
References:
•The pleading system and its regulations.