Session on Monday, November 11, 2024
Headed by Judge Falah Shaye Al-Hajri, "Head of the Department", with the membership of Judges Juma Ibrahim Muhammad Al-Otaibi and Al-Tayeb Abdul Ghafour Abdul Wahab.
(1-5) Evidence ‘Proof of res judicata’ Civil Procedure ‘The authenticity of the judgement in personal status lawsuits’ Defences: Defence that the case cannot be heard due to its prior adjudication’.
1. Judgements that have acquired the authority of res judicata. The judgement is authoritative in what it resolved in the dispute and does not accept anything contrary to it. Its authority is limited to the dispute between the litigants themselves without changing their characteristics and relates to the same right and cause. The reason for this. Rules of authenticity and its nature. The court has the right to decide on its own initiative.
2. The authenticity of judgements in personal status cases is temporary. They are valid unless the circumstances of the case change. According to the Sunnah, the Messenger of Allah, may Allah bless him and grant him peace, said, ‘No one shall rule in two judgements.’
3. Islamic Shari...