Supreme Court Guide in Saudi Arabia

The Supreme Court Guide has been prepared as a simplified source for understanding the Saudi Supreme Court, its jurisdiction, and the mechanism by which judicial appeals are heard before it. If you are a party to a case before the Court of Appeal or a final judgment has been issued against you, here you will find what explains how to appeal before the Supreme Court and what the Supreme Court's procedures are, without regulatory complexity and in simplified legal language.

If you are looking for the mechanism to appeal a judgment before the Supreme Court, you can request a general legal consultation via the WhatsApp button

What is the Saudi Supreme Court?

According to the Supreme Court Guide, the Saudi Supreme Court is the highest judicial authority in the Kingdom and sits at the top of the Saudi judicial structure. It operates in accordance with the provisions of Islamic Sharia, and the Supreme Court is guided in its tasks by the Saudi Judiciary Law, with jurisdiction over monitoring the sound application of the provisions of the regulations, interpreting them, and unifying judicial principles in the Kingdom.

The Supreme Court is not a body that re-examines the facts; rather, it reviews the final judgments issued by the courts of appeal to make sure that the Sharia and statutory regulations were applied correctly, thereby ensuring the unity of the judiciary and fairness of application.

Cases Heard by the Supreme Court According to Its Jurisdiction

According to the Supreme Court Guide, the Saudi Supreme Court has jurisdiction to hear legal appeals against final judgments, and does not re-examine the facts of cases or hear witnesses. The Supreme Court’s jurisdiction is a subject-matter jurisdiction that focuses on monitoring the sound application of Sharia and the regulations, without entering into the substantive details of the dispute. The most prominent types of cases within its scope include:

These powers come within the Supreme Court’s role in promoting the fairness of the Sharia and statutory judiciary and establishing the highest judicial reference in the Kingdom.

Cases of Statutory Appeal Before the Supreme Court

Anyone against whom a final judgment has been issued by the Court of Appeal, and who believes the judgment suffers from a Sharia or statutory defect that requires review, may turn to the Saudi Supreme Court. An appeal before the Supreme Court must be based on substantive grounds relating to the application of the law, not merely objection to the outcome of the judgment. According to the Supreme Court Guide, the most prominent cases in which a cassation appeal is permitted are as follows:

If the judgment contains a clear violation of the provisions of Islamic Sharia or the regulations in force.

If there is a clear error in the interpretation of the law or its application to the facts of the case.

If the judgment was issued by a court lacking territorial, subject-matter or hierarchical jurisdiction.

If there is nullity in the litigation procedures that affected the soundness of the final judgment.

The appeal must be submitted through a licensed lawyer within the statutory period, electronically through the Najiz portal, with due regard to the legal form of the appeal memorandum.

When Does Jurisdiction Fall to the Supreme Court?

The role of the Supreme Court in the Saudi judicial system is determined by the nature of the judgment under appeal and the extent to which it meets the statutory conditions that call for higher legal oversight. The following table shows the difference between the Supreme Court and the Court of Appeal in the main regulatory aspects:

Legal Position	Supreme Court	Court of Appeal	Notes
Reviewing the judgment for correct application of the law	✅	✅	The Supreme Court reviews only points of law, not the facts
Re-evaluating the facts and hearing witnesses	❌	✅	The appeal court is a merits court that examines the facts of the case
Issuing a new judgment	❌	✅	The Supreme Court does not issue a new judgment but decides to quash or uphold
Holding pleading hearings for the parties	❌	✅	The Supreme Court relies on documents without the parties attending
Whether the judgment can be appealed	❌ Final judgment	✅ Can be appealed before the Supreme Court	Supreme Court decisions are final and not subject to appeal

Legal Points to Be Aware of Before Appealing to the Supreme Court

Before filing an appeal against a judgment before the Supreme Court, it is necessary to consider a set of statutory conditions and requirements that may affect the admissibility of the appeal in form or substance. Overlooking these details may lead to the rejection or delay of the request, even if the judgment under appeal is subject to cassation. The most prominent points according to the Supreme Court Guide are as follows:

Legal nature of the judgment: The judgment under appeal must be final and issued by a court of appeal; appeals against first-instance judgments or judgments subject to appeal are not accepted.
Statutory grounds for appeal: The appeal must be based on one of the grounds accepted by the Supreme Court, such as violation of the law or error in its application, and not on mere dissatisfaction with the judgment.
Compliance with the statutory period: The appeal memorandum must be filed within the period specified in the regulation, and any delay may lead to its formal inadmissibility.
Filing the appeal by a specialist: An appeal is accepted only if submitted by a licensed lawyer in accordance with the regulation, preferably one who specializes in cassation cases.
Completeness of the appeal memorandum: The memorandum must include a precise presentation of the grounds for cassation, a clear statement of the judgment under appeal, and the attached documents, with complete clarity in reasoning and drafting.

Would you like to know whether the grounds for your appeal are admissible under the regulations? Request a general legal consultation now via the WhatsApp button

Practical Examples of the Supreme Court's Role in Reviewing Judgments

To understand the jurisdiction of the Saudi Supreme Court and how it handles the appeals submitted to it, we present two realistic cases that reflect the application of the Supreme Court Guide to judicial disputes, the mechanism for hearing appeals, and the extent to which the court adheres to statutory oversight without interfering in the details of the facts:

Case: Quashing a qisas judgment due to nullity of procedures

The Court of Appeal issued a judgment ordering qisas against the defendant in a criminal case.

Procedures:

The defense lawyer argued that there was nullity in the notification procedures, which affected the fairness of the trial.
The lawyer attached copies of the unreceived notices and the hearing minutes.
He filed the appeal memorandum before the Supreme Court within the statutory period through the Najiz portal.
The Supreme Court studied the file without pleading hearings.
It issued a decision quashing the judgment due to breach of procedures and the guarantees of defense.
The case was returned to the Court of Appeal to be heard again.

Case: Rejecting an appeal against a commercial judgment for lack of a statutory ground

A lawyer filed an appeal memorandum before the Supreme Court against a commercial judgment issued by the Court of Appeal, requesting a review of the judgment without stating statutory justifications.

Procedures:

The memorandum did not include a clear ground for appeal and did not point to any error in the application of the regulations.
No additional documents supporting the grounds for cassation were attached.
The judicial panel at the Supreme Court studied the memorandum in form and substance.
A decision was issued rejecting the appeal in form for failure to meet the statutory requirements for appealing before the Supreme Court.

Frequently Asked Questions About the Supreme Court

What are the functions of the Supreme Court in Saudi Arabia?

The functions of the Saudi Supreme Court, as explained in the Supreme Court Guide, consist of legal oversight of the final judgments issued by the courts of appeal. It does not re-examine the facts of cases, but reviews the extent to which the judgment under appeal complies with the provisions of Sharia and the regulations. Its most prominent functions include:

Quashing judgments that violate Islamic Sharia or the law.
Unifying judicial interpretation by establishing binding judicial principles.
Interpreting the regulations where their application differs among the courts of appeal.
Automatically reviewing judgments in hudud and qisas cases.

How do I file an appeal before the Supreme Court?

Filing an appeal against a judgment before the Supreme Court requires the following steps:

The appeal memorandum is prepared by a licensed lawyer.
Make sure the judgment was issued by a court of appeal and is final.
File the appeal electronically through the Najiz portal within the statutory period.
Attach the documents and papers that support the grounds for appeal.
Follow the status of the appeal through the beneficiary account in Najiz until the court’s decision is issued.

What is the difference between the Supreme Court and the Court of Appeal?

The fundamental difference lies in the scope of review and the power of examination, and it can be summarized as follows:

Judicial Body	Nature of Review	Possible Outcome
Court of Appeal	Examines the facts and the law	May amend, uphold or annul the judgment
Supreme Court	Reviews compliance with the regulations only	Decides to quash or uphold

The Supreme Court does not re-examine the evidence or hear witnesses, but focuses on the soundness of the judgment from a statutory perspective.

Does the Supreme Court hear criminal appeals?

Yes, the Saudi Supreme Court has jurisdiction to hear appeals in criminal cases, particularly in qisas, hudud and ta’zir judgments if they are final. Some of these cases are referred to the Supreme Court automatically without any party needing to appeal, in order to preserve justice and observe the provisions of Sharia.

What documents are required for a cassation appeal?

To file a cassation appeal before the Supreme Court, the following must be attached:

A copy of the judgment under appeal.
The statutory appeal memorandum (stating the grounds).
The power of attorney or license of the lawyer submitting the request.
Documents supporting the grounds for appeal, such as contracts, minutes, notices or official reports.
A copy of the national ID of the appellant or the person representing them.

Failure to provide these documents may lead to the appeal being rejected in form.

How long do Supreme Court procedures take?

There is no uniform period, but Supreme Court procedures in studying an appeal often take:

From 30 to 90 days in ordinary cases.
Urgent or hudud cases may be decided within days or a few weeks.
The study stage and hearing date can be followed through the Najiz account.

The period may vary depending on the complexity of the case or the clarity of the grounds for cassation.

What is the Supreme Court's jurisdiction in hudud cases?

Hudud and qisas cases are among the most important jurisdictions of the Supreme Court, and the judgment is referred to it mandatorily after it is issued by the appeal court. These cases include:

Killing as a hadd or qisas.
Adultery, apostasy or hirabah.
Theft cases that reach the hadd of amputation.

It is not sufficient in these cases that no appeal is filed; they must be referred to the Supreme Court automatically, to confirm the sound application of Sharia rulings.

Are representatives allowed before the Supreme Court?

Yes, but the representative must be an officially licensed lawyer in the Kingdom of Saudi Arabia. Unlicensed individuals are not permitted to file appeals before the Supreme Court on behalf of others.
The appeal memorandum must also be drafted in accordance with the regulatory rules, so it is essential to choose a representative who specializes in cassation cases.

Can I find out the hearing date at the Supreme Court?

Although the Supreme Court does not hold pleading hearings for the parties, each appeal has a number that can be followed through the Najiz portal, showing:

The date the appeal was referred from the Court of Appeal.
The status of the file (under study – decision issued).
The date the judicial panel studies the appeal (which acts as the hearing date).

If a decision to quash is issued, the case will be returned to the previous court to complete the procedures according to the Supreme Court’s direction

Is your judicial appeal eligible for Supreme Court review?

It can sometimes be difficult to determine whether the Supreme Court is the competent authority to hear an appeal, especially in cases where statutory grounds are mixed with facts, or when the judgment is not final or not subject to cassation. Determining eligibility for an appeal before the Saudi Supreme Court requires a precise understanding of the type of judgment, its stage, the grounds for objection, and whether they fall within the cases permitted by the regulation.