The Principle of Exhausting the Court’s Jurisdiction and its Effect on Reconsidering the Judgment Issued in the Subject Matter of the Lawsuit according to the Law of Civil Procedure Issued by Royal Decree No. (M/1) Dated 22/1/1435 AH
DOI:
https://doi.org/10.35246/6ssg5387Keywords:
Principle of exhaustion of jurisdiction, Principle of two-tier litigation, Final judicial rulings, Jurisdiction of the courtAbstract
The principle of exhaustion of jurisdiction is one of the important principles in judicial organization. The regulatory texts in the system of Sharia litigation refer to its adoption and implementation. Some scattered texts in the system indicate that as soon as a judicial ruling is issued on the subject of the dispute, the jurisdiction of the judge ends. For example, Article (167) of the system states, "If the jurisdiction of the judge ends regarding a case before the ruling is pronounced." This article indicates that the jurisdiction of the judge ends immediately upon issuing the judicial ruling in the case, and the end of the judge's jurisdiction is referred to as the exhaustion of jurisdiction for the judge or the court. As a result of this principle, the judge is not allowed to reconsider the case or the judicial ruling issued therein, although the texts of the system do not explicitly mention this.
Moreover, there are texts that contradict this principle, such as Article (189) of the system, which allows the judge to reconsider the ruling issued for modification. This text contradicts the principle of exhaustion of jurisdiction.
This prompted a discussion of the topic, addressing the concept of the exhaustion of the judge's jurisdiction, its importance, and the exceptions that apply to it, followed by the conclusion of the research, which included the findings and recommendations.
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References
Books:
I. Dr. Ahmed Sedky Mahmoud, A Brief Introduction to the Law of Civil Procedure, 2009 edition - 1430 AH, without a publishing house.
II. Dr. Ahmed Hindi, Civil and Commercial Procedure Law, New University House, Alexandria, 2007.
III. Dr. Ali Abu Attia Heikal, Civil and Commercial Procedure Law, University Publications House, Alexandria, 2007.
IV. Dr. Muhammad Saeed Abdul Rahman, Judicial Ruling, Dar Al Nahda Al Arabiya, First Edition, 2001 AD
V. Dr. Mahmoud Al-Sayed Omar Al-Tahawi, General Theory of Judicial Rulings, Alexandria Thought Forum, First Edition, 2001 AD.
VI. Dr. Mahmoud Suleiman, The Mediator in the Saudi Sharia Litigation System, Dar Al-Kitab Al-Jami’i, Third Edition 2023 AD.
VII. Dr. Hesham Muwaffaq Awad, Principles of Sharia Litigation in the Saudi Judicial System, Al-Shaqri Library, Third Edition, 2018 AD.
VIII. Dr. Wagdy Ragheb Fahmy, Principles of Civil Judiciary, Dar Al Nahda Al Arabiya, Cairo, Third Edition 2001 AD
Scientific Research:
I. Dr. Ragai Awad, a research entitled “Exiting the Dispute from the Court’s Jurisprudence”, Journal of Jurisprudential and Legal Research, Issue Thirty-Eight, July 2022 edition.
II. Dr. Abdul Aziz Al-Hamad, Reasoning for Judicial Rulings with Jurisprudential Rules, Qadaa Magazine, Issue Thirty-One, Shawwal 1444 AH - April 2023 AD.
III. Dr. Ammar Al-Mashhadani and others, the scope of exhausting the jurisdiction of the civil judge, published research, Journal of the Faculty of Law for Legal and Political Sciences.
IV. Dr. Mahmoud Ali Abdel Salam, a research entitled “Exhaustion of the jurisdiction to adjudicate the case between theory and practice in the fields of judiciary and arbitration, an original analytical comparative study in Egyptian law and the Saudi system”, Journal of Law for Legal and Economic Research, Faculty of Law, Alexandria University, Article 12, Volume 2.2019, Issue 3, July 2019.
V. Dr. Maryam Sharif, published research entitled “Effects of Judicial Rulings”, Algerian Public and Comparative Law Journal, Volume 7, Issue 2 / November 2021 AD.
Laws:
I. The Law of Civil Procedure issued by Royal Decree No. (M/1) dated 22/1/1435 AH.
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