Amlakire
Legal & Regulatory

Execution Court

Synonyms: Enforcement Court، Execution Judge، Enforcement Circuit

Short Definition

The Execution Court is the court responsible for the forced enforcement of judgments and other executive instruments; its execution judge issues and supervises enforcement orders and decides enforcement disputes without re-examining the underlying right recorded in the instrument.

Overview

The Execution Court is the court responsible for the forced enforcement of judgments and other executive instruments; its execution judge issues and supervises enforcement orders and decides enforcement disputes without re-examining the underlying right recorded in the instrument. It currently operates under the Execution Law issued by Royal Decree M/53 dated 13/8/1433H, which will be replaced from 28 October 2026 by the new Execution Law issued by Royal Decree M/237 dated 3/11/1447H. Forced enforcement requires an executive instrument for a specified amount that is due (Article 9). Executive instruments include judgments, arbitral awards endorsed with an enforcement order, settlement records, commercial papers, notarised contracts and documents, and contracts given enforceable force by law. The execution judge may call on the police, impose travel bans, order asset disclosure and detention, and decide enforcement disputes under summary rules (Articles 2–3). If the debtor does not pay, or does not disclose sufficient assets, within five days of being served with the execution order, he is deemed a defaulter: he is banned from travel, barred from issuing powers of attorney, and his assets are disclosed and attached (Article 46). Its importance for real estate lies in the fact that a unified residential lease documented on the Ejar platform is accepted as an executive instrument: the landlord files it directly with the Execution Court to collect rent arrears or recover the property without bringing a case on the merits, following a 2018 directive by the Minister of Justice to execution courts. Eviction is carried out by an execution officer attending the property on the day after five days have passed from service of the execution order (Article 72), and the judge may extend this period. Substantive disputes — damage claims or the meaning of a clause — belong to the General Court.

Legal Basis

Execution Law issued by Royal Decree M/53 dated 13/8/1433H: Articles 2–3 (powers of the execution judge), Article 4 (territorial jurisdiction), Article 9 (executive instruments), Article 34 (execution request and order), Article 46 (five-day period and measures against defaulters) and Article 72 (eviction from real property). In 2018 the Minister of Justice directed execution courts to accept the unified residential lease as an executive instrument. From 28 October 2026 the Law is replaced by the Execution Law issued by Royal Decree M/237 dated 3/11/1447H, whose implementing regulations are still to be issued.

Sources

Practical Example

A Riyadh landlord holds a unified residential lease documented on Ejar at SAR 48,000 a year, paid in four quarterly instalments of SAR 12,000. The tenant misses two instalments, SAR 24,000 in total, so the landlord files an electronic execution request attaching the lease; the execution judge verifies the instrument, issues the execution order and the tenant is served. When he neither pays nor discloses assets within five days, he is deemed a defaulter: he is banned from travel, his bank accounts are disclosed and SAR 24,000 is attached for the landlord. When the lease later ends and the tenant refuses to leave, an execution officer attends the flat on the day after five days have passed from service of the eviction order and hands it to the landlord. The landlord’s separate SAR 15,000 claim for kitchen damage, however, needs a case before the General Court because it is not a specified amount recorded in the instrument.

Common Mistakes

  • ✗Filing a merits case at the General Court to collect rent fixed in a documented unified residential lease — the landlord can go straight to the Execution Court because the lease is an executive instrument.
  • ✗Asking the execution judge for unquantified compensation — forced enforcement is limited to a specified amount that is due.
  • ✗Removing the tenant or cutting off utilities by force without an execution order — this is unlawful and may expose the landlord to liability; eviction is done by an execution officer.
  • ✗Relying on a paper lease not documented on Ejar — it is not accepted as an executive instrument, and an unregistered lease concluded after registration became mandatory has no judicial effect (Council of Ministers Decisions 405 and 292), so it must first be registered on Ejar, which the landlord is obliged to do and the tenant may request (Royal Decree M/73).
  • ✗Forgetting that the five-day period runs from service of the execution order — outdated contact details and addresses delay the whole process.

International Differences

In Turkey enforcement is handled by enforcement offices (icra daireleri) under the Enforcement and Bankruptcy Law, with enforcement courts reviewing complaints and objections. In Egypt an execution judge decides enforcement disputes. In Dubai the Rental Disputes Centre hears rental disputes and follows up on enforcing its rulings. The distinctive Saudi feature is that an electronically documented unified residential lease is itself an executive instrument filed directly with the Execution Court, cutting out the merits stage for specified claims.

FAQs

What does the Execution Court do in rental disputes?▾
It forcibly enforces executive instruments, including the unified residential lease documented on Ejar, by collecting rent arrears and ordering eviction without re-examining the merits of the dispute.
How long does a tenant have after being served with an execution order?▾
Five days from service. If he neither pays nor discloses sufficient assets, he is deemed a defaulter and faces measures such as a travel ban and attachment of assets. For eviction, the officer attends the property on the day after the five days end, and the judge may extend this.
Does a landlord need a court judgment before going to the Execution Court?▾
Not if he holds a unified residential lease documented on Ejar, because it is accepted as an executive instrument. An undocumented lease must first be registered on Ejar, because an unregistered lease concluded after registration became mandatory has no judicial effect; an unquantified claim such as damage compensation first requires a judgment from the General Court.
What is an executive instrument?▾
A document that allows forced enforcement of a specified, due amount. Article 9 of the Execution Law lists them, including judgments, arbitral awards endorsed with an enforcement order, settlement records, commercial papers and notarised contracts and documents.
Is the Execution Law changing in 2026?▾
Yes. A new Execution Law issued by Royal Decree M/237 dated 3/11/1447H takes effect on 28 October 2026 and replaces the 1433H law. Its implementing regulations will follow, so the procedure in force on the filing date should be checked.

Related questions

In Other Languages

Arabic
محكمة التنفيذ

محكمة التنفيذ هي المحكمة المختصة بالتنفيذ الجبري للأحكام وسائر السندات التنفيذية، ويتولى فيها قاضي التنفيذ إصدار أوامر التنفيذ والإشراف عليه والفصل في منازعاته، دون أن يعيد النظر في أصل الحق الثابت في السند.

English
Execution Court

The Execution Court is the court responsible for the forced enforcement of judgments and other executive instruments; its execution judge issues and supervises enforcement orders and decides enforcement disputes without re-examining the underlying right recorded in the instrument.

Turkish
İcra Mahkemesi

İcra Mahkemesi, mahkeme kararlarının ve diğer icra belgelerinin cebri icrasından sorumlu mahkemedir; icra hâkimi icra emirlerini verir, icrayı denetler ve icra uyuşmazlıklarını, belgede sabit olan hakkın esasını yeniden incelemeden karara bağlar.

Related Terms

Court Judgment

A court judgment is the decision a competent court issues on the merits of a case before it, settling the dispute between the parties and defining their rights and obligations; it is recorded in a judgment deed (sakk) stating the operative ruling and its reasons.

Eviction

Forcing tenant to vacate the property, done only through legal channels for legitimate reasons like non-payment or contract expiry.

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Amlakire is an integrated Saudi real estate management system, supporting agencies and owners in managing rentals, maintenance, and reports with high efficiency, preparing lease data for documentation on the Ejar platform, and compliant with Kingdom regulations.

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