Law of Procedure before Sharia Courts

Purpose and scope

• Governs litigation before the general courts, personal status courts, labour courts and others where no special text applies: jurisdiction, filing, notification, hearings, judgments and ways of challenging them.
• It also applies to enforcement court procedures where the Enforcement Law is silent.
• It protects the right of defence and organises the course of a case; missing deadlines or steps may forfeit the right to challenge even when the merits are strong.

Key rules, rights and obligations

• A claim or request is accepted only from someone with an existing, legitimate interest; if the court finds a claim fictitious or vexatious, it dismisses it and may penalise the claimant.
• As a rule a claim is filed in the court of the defendant's domicile, real estate claims in the court where the property lies, and some family claims follow rules that favour women and children.
• A party may appear in person or by an agent; a lawyer acting as agent is bound by the limits of the power of attorney, including powers such as acknowledgement and settlement.
• Electronic notification through approved channels has full effect, so keeping your mobile number and email up to date in government systems is important to avoid missing deadlines.
• If the claimant misses a hearing without excuse the case may be struck off; if the notified defendant is absent, judgment may be given in his absence. The court may hear urgent requests such as precautionary attachment and travel bans where a right may be lost.
• Evidence and how it is presented are governed by the Evidence Law, including writing, digital evidence, witnesses, acknowledgement, oath and expert reports.

Violations, penalties and common problems

• Missing the deadline to challenge is one of the most damaging mistakes; once it passes the judgment becomes final.
• Filing without precise requests or documents delays the case or leads to its dismissal.
• Vexatious claims, or using procedures only to harm or delay, may lead to a discretionary penalty and compensation.
• Filing in the wrong court wastes time; first identify the type of dispute: commercial, labour, personal status, general or administrative.

Procedures and key deadlines

• Appeal within thirty days, or ten days in urgent matters, from the day after receiving the judgment deed (Article 187).
• Cassation before the Supreme Court within thirty days, or fifteen in urgent matters, from receipt of the judgment (Article 194).
• A petition for reconsideration within thirty days of learning its ground, in limited cases such as proven forgery or decisive documents that were concealed.
• Claims are filed, hearings followed and memoranda submitted online through the Najiz platform, and a final judgment is enforced through the enforcement court.

An advisory summary prepared by Al-Bayan Al-Wadih Law Firm. It is not an official text and does not replace the law, its implementing regulations, or advice from a specialised lawyer. The official published text and its amendments prevail.