The English version of this document is for guidance only.
The Arabic version is the governing text.  

PART TWELVE

ATTACHMENT AND EXECUTION

Chapter I: General Provisions

Article 196 : Execution shall be in accordance with the copy of the judgment carrying the execution formula. The execution formula is “All government departments and agencies concerned are hereby requested to execute this judgment by all available legal means even if it may require the use of coercive force by the police.”

Article 197 : Final judgments to which the execution formula is added are:

•  Judgments excepted by a decision of the Supreme Judicial Council as provided for under Article 179.

•  Judgments rendered or affirmed by the Appellate Court.

•  Judgments where the deadline for objection passed.

Article 198 : A judgment may not be executed coercively before it acquires finality, unless expeditious execution was ordered in the judgment.

Article 199 : A judgment incorporating a provision for expeditious execution, with or without bond at the discretion of the judge, shall be made in the following circumstances:

•  Judgments in expeditious matters.

•  If the judgment is for support, nursing or housing expenses, visitation of a minor, delivering a minor to a nursemaid or a woman to her mahram (male chaperon), or separating spouses.

•  If the judgment is for the payment of wages to a servant, craftsman, workman, wet-nurse, or nurse-maid.

Article 200 : If the court receiving an objection finds that the grounds for objection may call for its reversal, it may order a stay of the expeditious execution if great harm is feared therefrom.

Article 201 : If execution complications arise, the complications, after preventive measures are taken if required, shall be reported to the court that rendered the judgment for expeditious action.

Chapter II: Attachment of Debtor's Receivables with Third Parties

Article 202 : Any creditor in possession of an enforceable judgment regarding a debt due and payable may request the attachment of debts, albeit deferred or contingent, which third parties owe to the debtor, as well as his movable property in the possession of third parties.

Article 203 : The attachment request shall be by means of a notice, communicated by the court to the garnishee, containing a copy of the judgment under which attachment is sought, the sum for which it is attached, and forbidding that garnishee to pay what he owes to the judgment debtor.

Article 204 : The garnishee must declare to the court administration the amount he owes within ten days of his notification of attachment. The declaration must give the amount and cause of the debt, and reasons why it became due and payable if that was the case, and all attachments to which he was subject. If the attached property is movable, he shall include a detailed description thereof and shall deposit with the court his declaration's supporting documents or copies thereof. The court shall deliver to the judgment creditor an official certified copy of such declaration.

Article 205 : The garnishee shall within ten days of the date of his declaration, and after the debt becomes due and payable or is established for fulfillment of contingency, pay to the court the sum he acknowledged or that part thereof that satisfies the rights of the judgment creditor.

Article 206 : If the garnishee declines to declare the amount he owes, makes a false declaration, or conceals documents that he ought to have deposited in support of the declaration, he may be adjudged to pay the judgment creditor the sum attached within the limits of the debt or movable property established to be owed to the debtor.

Article 207 : If the garnishee makes a truthful declaration of what he owes but declines to deposit as required under Article 206, the judgment creditor may request execution on that person's property. If the attachment is on movable property, it shall be sold under the procedures prescribed for selling the movable property of the debtor with no need for a new attachment.

Chapter III: Protective Attachment

Article 208 : A creditor may request the placement of the movables of the debtor under protective attachment if debtor has no fixed place of residence in the Kingdom, or if creditor fears for acceptable reasons that debtor's property would vanish or be smuggled out.

Article 209 : A landlord may request the placement of movables or crops in the leased property under protective attachment as a guarantee for rent that is due and payable.

Article 210 : A person claiming ownership of movables in the possession of another may request the placement of such movables under protective attachment, if there is clear evidence that supports his claim.

Article 211 : A creditor of a due and payable debt may, even though he does not possess an enforceable judgment, request the placement under protective attachment of debts, albeit deferred or contingent, owed by third parties to the debtor as well of debtor's movables in the possession of third parties. A garnishee has ten days from the date of his notification of attachment to declare the debts he owes as provided for under Article 204, and shall make the deposit at the court treasury as provided for under Article 205 within ten days of his notification of a valid attachment judgment.

Article 212 : Protective attachment in the circumstances set forth in the preceding four articles may be placed only by the order of the court with jurisdiction over the place of residence of the judgment debtor. Before issuing its order the court may conduct the necessary investigation if it finds insufficient the documents supporting the request for attachment.

Article 213 : If a case claiming a right is filed with the competent court, the case for attachment shall be brought before the same court for decision.

Article 214 : The judgment debtor and the garnishee shall be notified of the attachment order within a maximum of ten days of its issuance, or else the attachment shall be considered void. The seeker of attachment shall within the said ten days bring to the competent court a case for the establishment of right and validity of attachment or else the attachment shall be considered void.

Article 215 : An applicant for attachment shall present to the court a written notarized declaration from a payment and performance bondsman guaranteeing all the rights of the judgment debtor and indemnifying him against any damages if it transpires that the seeker of attachment was not entitled to the request.

Article 216 : Protective attachment of movables shall follow the same procedures, except for sale, as the executory attachment of movables with debtors.

Chapter IV: Enforcement against Property of the Judgment Debtor

Article 217 : Execution on the property of the judgment debtor shall be enforced if he does not deliver the sum awarded. This shall be done by attaching, of his movable and immovable property, what is sufficient for executing the judgment, and, if need be, selling some in a public auction by the court's order pursuant to the provisions of this chapter. The judge shall, prior to sale, determine what movable and immovable property needs to be left to the judgment debtor.

Article 218 : Execution shall be carried out by the administrative agencies assigned the task.

Article 219 : The executing officer may break doors or pick locks to effect attachment only in the presence of a court representative who should sign the minutes.

Article 220 : Attachment of the judgment debtor's movables shall be by minutes that individually list and describe items attached and give their estimated value. If the property attached includes adornments or jewelry, they must be evaluated and described through a specialized expert.

Article 221 : Immediately after closing the attachment minutes the attaching officer shall post, on the door of the place containing the attached items and on the bulletin board set up at the court with jurisdiction over the judgment debtor, a statement signed by him giving a general description of the items attached. This shall be recorded in minutes appended to the attachment minutes. Items become attached by their mere mention in the attachment minutes.

Article 222 : The attaching officer shall require the judgment debtor to present a guarantee from a payment and performance bondsman that he would not dispose of the attached items in his possession. If he fails to present a bondsman, the court may place the attached items in custody pending execution. Disposal by the attached person of items attached shall be valid only with the permission of the competent court.

Article 223 : Sale by public auction shall be held at the prescribed time and place after it is sufficiently advertised. The execution officer shall stop the sale if it produces a sum sufficient to cover the debt for which the attachment was made, or if the judgment debtor brings the sum payable or a payment and performance bondsman for a maximum period of ten days.

Article 224 : The sale may be held only if the judgment debtor is notified and given a ten-day grace period from the notice date. Nevertheless, if the attached items are perishable or goods subject to price fluctuations, the court may order the sale on an hourly basis pursuant to a petition from a party concerned.

Article 225 : Attachment of the real estate of the debtor shall be by minutes that give the location, boundaries, area, ownership deed and estimated sale price of the attached property. The agency that issued the ownership deed shall be notified by copy of the minutes so that it may note on the register document that the property is attached for an adjudged debt payment.   

Article 226 : The court administration shall announce the sale of the real estate not more than thirty days or less than fifteen days before the day it is to be held. This shall be done by posting announcements on the real estate's door, on the court's bulletin board and by publication in one or more large circulation newspapers in the real estate's area.

Article 227 : The execution officer shall hold an auction on the day scheduled for the sale. The auction shall begin during the sale session by calling for bids and the award shall go to the highest bidder. A bid to which no counter-bid is made for fifteen minutes shall be considered to have ended the auction. If the highest bid does not reach the estimated price, however, a new estimate shall be made and the auction reopened until the highest bid reaches the estimated price.

Article 228 : The attached real estate winning bidder shall upon the termination of the sale session deposit one tenth of the bid price and expenses, and shall deposit the balance of the price with the court treasury within a maximum of ten days from the date of the award. Alternatively, he may present a cashier's check from an accredited bank.

Article 229 : If the winning bidder fails to pay the price before the deadline, the sale shall be repeated at his liability. The auction shall be held anew and the award shall be made in accordance with the preceding provisions. The defaulting buyer shall be charged auction expenses and the difference in the sale price if it is less, but shall receive credit if the difference is more.

Chapter V: Detention of Debtors

Article 230 : If the judgment debtor refuses execution of the judgment against him for a reason other than insolvency, and it was impossible to execute on his property, the judgment creditor may request the detention of the judgment debtor by filing a petition with the competent administrative governor. The governor shall order the detention of the refusing debtor for a maximum of ten days. If the judgment debtor persists in refusing execution after that time period, he shall be referred to the court having jurisdiction over his place of residence to consider whether to continue his detention or to release him according to the prescriptions of the Shari'ah.

Article 231 : If refusal of execution of judgment is by reason of insolvency, the judgment debtor shall be referred to the court that had issued the judgment for the determination of whether or not he is insolvent.

Article 232 : A person sentenced to detention shall be released if he pays what was adjudged against him or brings a payment and performance bondsman. In all instances, his release shall not preclude the execution of the judgment by means of attaching his property through regular procedures when it becomes apparent that he has property.

PART THIRTEEN

SUMMARY PROCEEDING

Article 233 : A court that has jurisdiction over consideration of the subject shall decide on a temporary basis urgent matters related to the same dispute that the passage of time may affect. Such decision shall not affect the subject matter of the case, regardless of whether the request for temporary action was made directly or in connection with the original case.

Article 234 : Summary cases include the following:

• Cases of inspection to establish the condition.
• Cases of an injunction against interference with possession and of its recovery.
• Cases of an injunction against travel.
• Cases of enjoining charity works.
• Cases of custodianship.
• Cases dealing with a worker's daily wage.
• Other cases that are given the character of urgency by law.

Article 235 : The time limit for attendance in summary cases shall be twenty-four hours. This time limit may be reduced in compelling circumstances by court order.

Article 236 : A claimant of a right against another may bring to the competent court during consideration of the case or immediately before it a summary case to prevent his adversary from travel. The judge shall issue an injunction against travel if there are reasons to believe that travel by the defendant is anticipated and that it would jeopardize the right of the plaintiff or delay performance. The claimant shall present security, as determined by the judge, to compensate the defendant in case the plaintiff is found to be unjustified in his claim. A judgment in this matter indemnifying the defendant for the estimated damages resulting from delaying his travel shall be appended to the judgment in the matter.

Article 237 : A person having an apparent right may bring to the court having jurisdiction over the subject a summary case for injunction against interference with possession or for recovery of possession. The judge shall issue an injunction against disturbing possession or for recovery of possession if he is convinced it is justified. Such an injunction shall have no effect on the original right, nor may it serve as evidence therefor. A person disputing the original right may go to court as provided for hereunder.

Article 238 : A person harmed by work wrongfully done may bring to the court having jurisdiction over the subject matter a summary case to halt the new work. The judge shall issue an injunction if he is convinced it is justified. Such an injunction shall have no effect on the original right, nor may it serve as evidence therefor. A person disputing the same may go to court as provided for hereunder.

Article 239 : A case requesting custodianship of disputed movables or real estate where the right thereto is not established shall be brought to the court having jurisdiction over the subject matter. The judge may order placement under custody if the party having an interest in the movables or real estate presents reasonable cause that an imminent danger is feared should the property remain in the hands of its possessor. The custodian shall undertake to hold and manage the property and return it along with the proceeds derived therefrom to the person whose right thereto is established.

Article 240 : The appointment of a custodian shall be by agreement of all parties concerned. The judge shall make the appointment if they do not agree. The judgment for custodianship shall specify the obligations and the rights and powers of the custodian. If the judgment is silent on the matter, the provisions hereof shall apply.

Article 241 : The custodian shall safeguard the property entrusted to his custody and shall manage what requires management thereof. He shall exercise the normally accepted care. He may not directly or indirectly substitute one of the parties concerned in the discharge of his functions in whole or in part without the concurrence of the remaining parties.

Article 242 : A custodian may, other than in matters of management, act only with the concurrence of all parties concerned or by authorization from the judge.

Article 243 : A custodian may collect the wages specified in the decision, unless he waives them.

Article 244 : The custodian shall keep orderly books of account. The judge shall require him, when necessary, to use books carrying the stamp of the court. He shall, at intervals specified by the judge, or annually at least, give the parties concerned an accounting, duly supported by documents, of his receipts and expenditures. If the custodian is appointed by the court he shall additionally deposit a copy of such an accounting with the court's administrative office.

Article 245 : Custodianship shall end by agreement of all the parties concerned or by a judgment of the judge. The custodian shall then proceed or return what was placed under his custody to the person chosen by the parties concerned or appointed by the judge.

PART FOURTEEN

Chapter I: Registration of Endowments and Declarations

Article 246 : A judge may register a pious endowment only after ownership by the endower is established and it is ascertained that it is free from whatever may prevent registration.

Article 247 : A person requesting the registration of an endowment shall present to the competent court an application to that effect enclosing an official document attesting to his ownership of the property in question.

Article 248 : The status of endowments that have no registration deeds shall be established in accordance with the rules and procedures for establishing ownership.

Article 249 : Without prejudice to the rules governing ownership of real estate by non-Saudis, registration as endowment of real estate in the Kingdom owned by a foreigner is permitted only under the following conditions:

• The endowment shall comply with the requirements of the Shari'ah.
• The endowment shall be for a charitable cause in perpetuity.
• The endowment shall be for Saudi individuals or charitable agencies in the Kingdom.
• The administrator of the endowment shall be a Saudi.
• The endowment deed shall prescribe that the Supreme Endowments Council shall have supervision over the endowment.
• The endowment shall be subject to the Endowments Law in the Kingdom.

Article 250 : If circumstances require the transfer of an endowment, the administrator of the endowment, whether a private administrator or the Endowment Department, may perform the transfer transaction only after obtaining the permission of the Shari'ah judge in the town where the endowment is located, and establishing the legal justification for the transfer, provided that the proceeds are immediately placed into something similar in kind.

All that shall be completed after the approval of the Appellate Court.

Chapter II: Establishment of Title

Article 251 : Establishment of title means a request for a deed establishing ownership of real estate not prompted by a contention from an adversary, though it does not preclude hearing the case concerning the right, if any.

Article 252 : Without prejudice to the rules of ownership of real estate by non-Saudis, any person claiming ownership of real estate, whether a land or a building, shall have the right to request a deed establishing title from the court under whose jurisdiction that real estate lies.

Article 253 : A request for an establishment of title deed shall be in the form of a petition detailing the type, location, area, and boundaries of the real estate, and the ownership document, if any.

Article 254 : Before proceeding with recording the declaration and initiating the relevant evidentiary procedures thereof, the court shall write to the municipality, the Ministry of Islamic Affairs, Endowments, and Call and Guidance, and the Ministry of Finance and National Economy - and with respect to property outside cities and villages to the National Guard, the Ministry of Defense and Aviation, the Antiquities Department of the Ministry of Education, the Ministry of Agriculture and Water, the Ministry of Petroleum and Mineral Resources, and the Ministry of Communications- or the branches of such ministries and departments or what serves in their stead, and other agencies which orders prescribe should be contacted, inquiring whether they have any objection to the declaration.

The court shall also request publication of the establishment of title application in a newspaper published in the area of the real estate. If no such newspaper is published, the court shall request publication by the newspaper having the largest circulation there, plus posting copies of the announcement on the bulletin board at the door of the court and the amirate, or the province or the precinct.

Article 255 : In addition to what is set forth in the preceding article, the court shall, if requested to establish title to unowned land, write to the Royal Authority concerning the matter.

Article 256 : If sixty days elapse after notifying the official agencies concerned or after publication, as prescribed under the preceding two articles, without any objection, the procedures for establishing title shall be completed unless there is a Shari'ah or a legal impediment.

Article 257 : The court must ascertain the accuracy of the real estate's area, perimeters, and boundaries and the judge or his designee shall make a site inspection with an engineer if necessary. Once legal title is established, the ownership deed shall be issued.

Article 258 : If there is a dispute before a court over real estate that has no registered deed, the court, in the process of hearing the case, shall carry out the establishment of title procedures as prescribed under the preceding articles.

Article 259 : No title deed may be issued for the land and buildings of Mina and other places of religious rites. Should litigation arise regarding any such matter, whether over ownership or usufruct of the real estate, and a party produced a document, the court shall forward a copy of the litigation record and the document produced to the Appellate Court, without issuing a deed embodying the result of the litigation.

Chapter III: Establishing Death and Determination of Successors

Article 260 : An applicant for establishing death and determination of successors shall submit a declaration to that effect to the competent court. The declaration shall include the name of the deceased and the date and time of death and place of residence of the deceased, and witnesses to the death or death certificate in areas where medical centers exist. As to determination of successors, it shall include a document establishing the names, capacity, nature of relationship to the testator, and witnesses for deaths occurring after this Law has come into force.

Article 261 : The court, when need be, may request the declarant to publish the application for the establishment of death and determination of successors in a newspaper published in the area of the deceased, and, if no such newspaper is published, in the newspaper having the largest circulation there. The court may also request the competent administrative governor of the region to investigate the applicant's request for establishing death and determination of successors. The answers must be signed by the applicant and certified by the administrative agency which conducted the investigation.

Article 262 : The judge shall investigate the matter personally if he finds the results of the investigation insufficient. Once procedures are completed, he shall issue a death deed if death is established and a specific determination of successors giving the name, capacity, and date of birth of the heirs as per the tenets of the Shari'ah.

Article 263 : The deed establishing death and determination of successors in the said form shall be authoritative unless a judgment to the contrary is rendered.

PART FIFTEEN

CONCLUDING PROVISIONS

Article 264 : The Minister of Justice shall issue the Implementing Regulations of this Law.

Article 265 : This Law shall supersede the Organization of Administrative Functions in the Shari'ah Court System, sanctioned by Royal Approval No. 109, dated 24 Muharram 1371 [14 October 1952], as well as Articles 52, 66, 82, 83, 84 (regarding civil cases) and 85 of the Law for Centralizing Responsibilities in the Shari'ah Court System, sanctioned by Royal Approval No. 109, dated 24 Muharram 1372 [14 October 1952], and whatever provisions that are inconsistent therewith.

Article 266 : This Law shall be published in the official gazette and shall take effect one year after the date of publication.

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