Introduction: The Right to Litigation Between Legitimacy and Legal Responsibility

Recourse to the judiciary and the filing of lawsuits are fundamental rights guaranteed by law to every individual, with the aim of protecting rights or claiming them through lawful legal means. However, despite the fundamental nature of this right, it is not absolute. It is restricted by a core principle: the prohibition of abusing rights or exercising them in an arbitrary manner that causes harm to others.

From this perspective emerges the concept of a malicious lawsuit, which refers to a claim filed without a valid legal basis, or with the intention of harming the defendant, while the claimant is aware of the falsity of the claim. Confronting such lawsuits is a legal necessity to protect litigants, preserve the dignity of the judiciary, ensure the efficiency of the judicial system, and prevent its exhaustion by claims that lack a legitimate legal foundation.

First: The Legal Framework of Malicious Lawsuits in Saudi Arabia

The provisions governing malicious lawsuits in the Saudi legal system are derived from a set of rules based on:

  • The Law of Sharia Procedure

  • The Law of the Legal Profession

  • General Sharia principles, foremost among them the maxim: “No harm and no reciprocating harm”

A mere dismissal of a lawsuit is not sufficient to deem it malicious; rather, specific elements must be established, which are assessed by the judge in light of the facts of each case.

Second: Elements of a Malicious Lawsuit in the Saudi Legal System

To establish that a lawsuit is malicious, two essential elements must be proven together. Establishing these elements is a delicate matter subject to the court’s discretion:

1. The Material Element (Lack of Validity of the Claim)

This element exists when the lawsuit is:

  • Factually or legally unfounded

  • Based on a right that does not exist in principle

  • Based on a right that has lapsed or been extinguished for a legal reason

It must be established before the court that the claimant was aware, at the time of filing the lawsuit, of the invalidity of the claim—whether due to the absence of the right, its lapse, or the lack of a legal basis.

2. The Moral Element (Bad Faith or Malicious Intent)

This is the most difficult element to prove and is manifested in:

  • The claimant’s deliberate intent to harm the defendant

  • Filing the lawsuit for the purpose of harassment or extortion

  • Seeking to achieve an illegitimate interest

This intent must be accompanied by the claimant’s prior knowledge that they are not legally entitled to what they are claiming.

Third: Liability of the Claimant and the Lawyer in a Malicious Lawsuit

1. Liability of the Claimant

If the court establishes that the lawsuit is malicious, the claimant bears legal responsibility for their conduct, based on Sharia and legal principles which provide that:

  • Whoever causes harm to another is obligated to remedy that harm

This liability includes compensation for damages resulting from the lawsuit.

2. Liability of the Lawyer

The consequences of a malicious lawsuit are not limited to the claimant alone; they may extend to the legal representative (lawyer). The Law of the Legal Profession requires lawyers to:

  • Adhere to professional ethics

  • Refrain from filing lawsuits they know to be unfounded or malicious

If the lawyer’s bad faith or knowledge of the malicious nature of the lawsuit is proven, they may be subject to disciplinary accountability under the law.

Fourth: The Judge’s Discretion in Determining Malicious Lawsuits

Under the Saudi legal system, judges enjoy broad discretionary authority to infer malicious intent from the circumstances and facts of the case, without being bound to specific evidence. Among the most notable indicators relied upon by courts are:

  • Repeated filing of the same lawsuit after judgments dismissing it have been issued

  • Unjustified delay in filing the lawsuit despite knowledge of the alleged right

  • Repeated failure to submit any evidence despite being granted extensions

  • Withdrawal of the lawsuit immediately after the claimant is confronted with conclusive evidence

These indicators are not exhaustive and remain subject to judicial assessment on a case-by-case basis.

Fifth: Legal Consequences of Establishing a Malicious Lawsuit

Once a lawsuit is deemed malicious under Saudi law, several legal consequences may follow, aimed at deterrence and the realization of justice, including:

1. Dismissal of the Lawsuit

The court rules to dismiss the claim for lack of a valid legal basis.

2. Civil Compensation

The malicious claimant may be ordered to compensate the defendant for:

  • Material damages, such as legal fees and court costs

  • Moral damages, such as harassment or harm to reputation

3. Disciplinary Sanctions

The court may impose a financial fine payable to the state treasury as a deterrent against abuse of the right to litigate.

4. Publication (in Specific Cases)

In serious cases, the court may order the publication of the judgment issued against the malicious claimant at their own expense.

Conclusion: A Delicate Balance Between Protecting Rights and Preventing Abuse

The regulation of malicious lawsuits in the Saudi legal system reflects the judiciary’s commitment to achieving a careful balance between:

  • Safeguarding the right to litigation as a fundamental right

  • Preventing its transformation into a tool for harm, retaliation, or extortion

In doing so, the system ensures judicial efficiency, protects litigants from frivolous claims, and reinforces trust in justice—affirming the principle that the judiciary exists to uphold rights, not to enable their abuse.