MAKKAH: It is an easy and lucrative trade, although unethical and un-Islamic. In an increasing fashion, extortionists are targeting real estate owners by making false claims and impeding court procedures relating to property deeds.
All that the job demands is to read local newspapers and look for advertisements placed by people wanting to obtain duplicate documents proving their ownership of real estate.
Before the court authenticates ownership, it asks applicants — under Article 85 of the courts’ system — to place advertisements in local newspapers detailing their applications; if no one objects within a month, then the court rules in the applicants’ favor.
Extortionists — known as “court scavengers” — come to court and register their objections. Judges do not usually ask them for proof to substantiate their objections. Instead, they withhold the case for further investigation. This leaves the real landowner, or overseer, who has placed the advert, in a dilemma. He can either wait for months for the court to settle the case or pay the person to withdraw the objection. Landowners usually opt for the second.
Court scavengers make their objection even though they do not have evidence to support their claims. They simply take advantage of helpless property owners who have little time to waste and the Saudi courts, which have few too less judges and far too many cases to consider.
The matter is even worse when it comes to endowment (Wakf) properties, which cannot be sold under any circumstances.
The revenues of these buildings go to the owners or their inheritors. If the property is to be demolished for any reason, like what recently happened in the Al-Shamiya area of Makkah, then the building would be sold and the money used to purchase another building elsewhere. The overseers of these buildings often clash with court scavengers. The overseers say the scavengers aim to extort money from them and do not fear God.
Muhammad Nahar, a Saudi lawyer in Makkah, said that there is nothing wrong with filing an objection but the problem lies with the judges who do not impose stringent punishment when they find out that there are no bases for such claims.
“There is a rule to deter mischief lawsuits but it is not strictly implemented. If the court hands down harsh punishments, it would never see these troublemakers again,” said Nahar.
“As far as I know the overseer or the owner has the right to apply for a duplicate copy of the property deed and no one has the right to object,” he added.
