Dr. Ali Mosa Ali Faqihi
Associate Professor, Department of Jurisprudence, College of Sharia and Fundamentals of Religion, King Khalid University, Kingdom of Saudi Arabia.
Issue: 95 | Pages:230-245 | December 2023 | https://doi.org/10.54940/si42171848 | PDF
Received: 02/04/2023 | Revised: 20/05/2023 | Accepted:23/05/2023
Abstract
This research sheds light on the discretionary authority of the court to interrogate opponents in accordance with the Saudi Evidence System issued by Royal Decree No. M/43, issued on 5/26/1443 AH. It explains the basis of this authority, its statutory nature and scope, and the role of the court in assessing the consequences of interrogating adversaries. He concluded that the court has the discretion to accept or reject the interrogation request. If the court finds that the case does not need interrogation or that the facts about which the opponent is intended to be interrogated are unproductive or not permissible to prove. In that case, it rejects the interrogation request, meaning that the court has the discretion if the matter is presented. One of the litigants requested to interrogate his opponent about whether this matter was necessary, and she agreed to it or rejected it according to what she appreciated. There is no control over her if she does not take it whenever she finds sufficient elements to form her belief without the need to take this measure.
Keywords
Power, Discretion, Interrogation, litigants, Procedures.
How to Cite
Faqihi, A.(2023), The Court's Discretion in Interrogating Litigants According to the Saudi Evidentiary System, Prepared by the Researcher, Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies, Issue.95. pp. 230-245. https://doi.org/10.54940/si42171848