Jurisprudence of litigation
Episode thirty-six
International jurisdiction (4)
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“,It has been previously mentioned that the local or regional jurisdiction of the courts in the country 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 pleading 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 or that city, and it may The third chapter of Part One of the Saudi Sharia Procedures System issued in 1421 AH was devoted to explaining what is related to local jurisdiction, and I began to mention the most prominent matters in this subject, three of which have passed, and in this episode I will continue to explain the rest, seeking help from God Almighty.
Fourth:Article Thirty-Seven of the Code of Procedures states: (As an exception to Article Thirty-Four, the plaintiff claiming alimony has the option of filing his claim in the court within whose jurisdiction the place of residence of the defendant or plaintiff falls.).
In detailing the meaning of this article, its executive regulations stated: This article includes whether the beneficiary of alimony is male or female, and that the provisions of this article apply to claiming alimony or increasing it. As for demanding its cancellation or reduction, it shall be in accordance with what was stated in Article (34), which stipulates that: (The lawsuit shall be filed in the court within whose jurisdiction the defendant’s place of residence is located).
This article is intended to make it easier for the plaintiff who demands alimony. Because alimony is a right that is obligatory for the spender, and because it relates to the soul of the person being spent on, the development of his body, and the survival of his life – God Almighty willing, it cannot be postponed. Also, most likely the person claiming alimony is weak, and it may be difficult for him to move to the defendant’s place of residence.
Fifth:As for Article Thirty-Eight of the Code of Procedures, it specifies the scope of the court over which its spatial jurisdiction applies, and it is one of the important articles in the system. The article states: (The city or village is considered a local scope of the court in which it is located, and when there are multiple courts in it, the Minister of Justice determines the local scope of each of them, based on a proposal from the Supreme Judicial Council.
Villages – which do not have courts – are subject to the court of the nearest town to them, and in the event of a dispute over local jurisdiction – positive or negative – the case is referred to the Court of Cassation to decide on the subject of the dispute.
The executive regulations for this article indicate that:The village – if it is a center or a governorate – and does not have a court, it follows the closest court to it in its area.
If the village is not a center or a governorate, then it is affiliated with its administrative center to which it is linked and the court within whose jurisdiction the center falls. This is most likely from the meaning of the article, and its proximity to the court does not matter as long as it is a village that does not have an administrative center, as what is common in villages, settlements and small residential communities is its connection.At your administrative center.
The executive regulations of the article also stated that a village that is located between two courts of equal proximity and in one area remains subject to jurisdiction as it was previously.
What is considered in proximity is the routes usually taken by usual means.
I point out – my distinguished listeners – that the new judicial system issued in 1428 AH entrusted the Supreme Judicial Council with determining the spatial jurisdiction of each court. In Article Six:
(The Supreme Judicial Council – in addition to the other powers specified in this system – shall undertake the following… and in a paragraph:
D-Establishing, merging or abolishing courts according to the names stipulated in Article Nine of this Law, determining their spatial and qualitative jurisdiction in a manner that does not conflict with the provisions of Article Twenty-Five of this Law, and composing the chambers therein.
Therefore, it abrogates what contradicts it in the pleading system, knowing that work is now underway to amend the Sharia pleading system to be consistent with the judicial system.
Here is an important matter that should be taken into account, as long as we are talking about the subject of the court’s spatial jurisdiction, which is that it is necessary to adhere to the court’s spatial jurisdiction in lawsuits that are filed between litigants, and other matters that require consideration of the availability of spatial jurisdiction. Such as considering the arguments for ownership, emptying the property, guardianship over a minor, and so on.
As for some of the procedures and requests that are submitted to the court, in which it is not required that the applicant be within the scope and jurisdiction of the court, they can be requested from any court, as long as its specific jurisdiction is available, including listing the heirs, proof of divorce, and other proofs that have been called terminations. These are single-party cases, in which there is no dispute, and terminations include: wills, endowments, limitation of inheritance, proof of life, and the agency of the mute. Likewise, these requests do not require that the applicant reside within the jurisdiction of the court.
This also includes proof of endowments, as the executive regulations stipulate in Article (246/1) provided that: (It is permissible to document the endowment in the country of the endowment, even if the property is in another country, after verifying the validity of the instrument based on its record.,The endowment is recorded on the real estate deed, and it is sent officially to the authority from which it was issued for marginalization on its record.
Terminations – except for those excluded – do not require spatial jurisdiction. Rather, they are accepted in any court, with one condition, which is the availability of specific jurisdiction. The new judicial system issued in 1428 AH stipulated that general courts have jurisdiction over final cases. InArticle Nineteen:
(General courts in the regions are composed of specialized circuits, including circuits for execution, final proofs, and the like – outside the jurisdiction of other courts and notaries.).
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.
In the next episode – God Almighty willing – we will continue talking about issues of litigation jurisprudence and its procedures. I ask God Almighty to provide me and you with His help and success. Praise be to God, Lord of the Worlds.
God Almighty knows best.
Reference:
•The pleading system and its regulations.