The Enforcement Court represents one of the key pillars of the Saudi judicial system. It serves as the stage where judicial decisions and regulations are put into effect to uphold justice and protect rights. The court is responsible for ensuring the execution of all judicial rulings issued by various courts across the Kingdom, in full compliance with Islamic Sharia and the laws in force in Saudi Arabia.

In this article, we will take a closer look at the Enforcement Court, exploring its role, jurisdiction, and position within the overall judicial framework of the Kingdom of Saudi Arabia.

An Overview of the Judiciary in the Kingdom of Saudi Arabia

Before defining the Enforcement Court, it is important to first understand its position within the broader judicial structure of the Kingdom of Saudi Arabia.

The regular courts in the Kingdom operate on three levels:

First-instance courts

Second-instance courts (known as the Courts of Appeal)

Third-instance courts (known as the Supreme Court)

With respect to the Enforcement Court, it falls under the first-instance courts, which are classified as follows:

General Courts

Criminal Courts

Labor Courts

Commercial Courts

Personal Status Courts

Enforcement Court

The Enforcement Judge's decisions on procedural matters are typically final and not subject to appeal, except when specific exceptions are provided by law for cases involving substantive disputes.

Definition of the Enforcement Court

In brief, the Enforcement Court is the judicial authority responsible for executing judgments issued by other courts, except for cases issued by administrative and criminal courts. It is also entrusted with enforcing executive instruments such as commercial papers, notarized contracts, and arbitration awards, in accordance with the provisions and procedures set forth in the Enforcement Law issued by Royal Decree.

The Enforcement Court operates under the supervision of an Enforcement Judge, who is vested with judicial powers that enable him to oversee enforcement procedures and issue the decisions and orders he deems necessary to ensure the effective and efficient execution of judgments.

Formation of Enforcement Courts

Given the importance of Enforcement Courts and their vital role in implementing judicial decisions and rulings, the Kingdom has ensured the establishment of an Enforcement Court in most cities. In cities where no dedicated Enforcement Court exists, an Enforcement Department is established within the local court.

Each Enforcement Court is composed of several departments, each with its own jurisdiction. Every department includes one or more judges, in accordance with the regulations and directives issued by the Saudi Supreme Judicial Council.

Jurisdiction of the Enforcement Court

As previously noted, the Enforcement Court has the authority to carry out the actual enforcement process, which represents the final stage of any legal case. The following are the enforcement instruments that fall within the jurisdiction of the Enforcement Court:

• Judgments, decisions, and orders issued by the courts.
• Arbitral awards accompanied by an enforcement order, in accordance with the Arbitration Law.
• Conciliation minutes issued by the relevant authorities or authenticated by the courts.
• Commercial papers, such as promissory notes and checks.
• Contracts and notarized documents.
• Judicial judgments, arbitral awards, and notarized documents issued in a foreign country.
• Contracts and documents that possess executory force under the law.
• Ordinary documents whose contents are recognized as partially or fully enforceable.

Obstacles Facing the Enforcement Court in Enforcing Judgments

Despite the remarkable progress achieved by the judicial system in the Kingdom, several obstacles continue to hinder the speedy and efficient execution of judgments. The following are among the key challenges that require attention and mitigation:

Lack of legal awareness among citizens: The enforcement process is often delayed due to individuals’ lack of understanding of their legal obligations once an enforcement order is issued against them, which prolongs proceedings and delays the realization of rights.

Evasion of enforcement and the use of obstructive tactics: Such practices remain among the most significant factors that consume the court’s time and resources.

Non-compliance with court orders: The refusal or failure of convicted parties to comply with judicial orders necessitates firm judicial interventions to uphold the authority of the judiciary and ensure the proper execution of rulings.

Difficulties in proving ownership and locating assets: Challenges arise when assets are registered under other persons’ names, making it difficult to trace and seize them, and thereby complicating the enforcement process.

Enforcement Court Procedures

In line with Saudi Vision 2030 and the Kingdom’s efforts toward comprehensive digital transformation across all sectors, filing an enforcement request has become an entirely electronic process through the Ministry of Justice website.

Once the application is submitted online, the applicant proceeds to the court and visits the Judicial Office to follow up on the progress of the case. The Enforcement Judge then reviews the enforcement document to ensure its validity, completeness, and compliance with all legal requirements. The judge also verifies the applicant’s information and, upon confirmation, issues the enforcement order.

For professional assistance in submitting an enforcement request or following up on related procedures, you may contact the Mohammed Al-Khliwi Law Office, where our team will handle the entire process on your behalf with professionalism and efficiency.

Disclaimer: This content is not legal advice. No liability is assumed. For legal consultation, please contact us.