Saudi Arabia issued its Personal Status Law (نظام الأحوال الشخصية) in 1443 AH. For the first time, the rules on marriage, divorce, khula, custody, maintenance, guardianship and wills were set out in written articles that judges and litigants can both refer to. Its main aims were to reduce inconsistency between judgments, speed up family cases, and strengthen family stability while protecting the rights of women and children.
This article summarises the main points of the law in plain language. It is general guidance only; every case has its own details and needs specific advice.
Marriage
- Marriage age: the law sets eighteen as the age for registering a marriage contract. Exceptions are allowed only with the court's permission and under set conditions.
- Essentials of the contract: offer and acceptance, the bride's guardian (wali), two witnesses, the dowry (mahr), and the consent of both spouses.
- Conditions in the contract: the spouses may agree conditions that do not contradict the purpose of marriage, such as the wife finishing her studies, working, or having separate housing. A spouse whose condition is not honoured may ask for the marriage to be annulled.
- Dowry (mahr): belongs to the wife. All or part of it may be paid immediately or deferred.
Rights between spouses
The law sets out shared rights, such as treating each other well, mutual respect and caring for the children. The wife's rights include maintenance and housing, that her husband does not stop her visiting her relatives, and that he does not interfere with her personal property.
Divorce
- Registering the divorce: the law requires a divorce to be registered, and a delay in registering it gives the wife certain rights.
- Revocable and irrevocable divorce: after a revocable divorce, the husband may take his wife back during the waiting period (iddah). After an irrevocable divorce, she can only return to him with a new contract, or under other conditions depending on the type of divorce.
- Rights of a divorced wife: these include maintenance during the iddah, the deferred dowry, and a compensation payment (mut'ah) in the cases the law specifies.
Khula and annulment
Khula is a separation requested by the wife in return for a payment she makes to the husband. If the spouses do not agree, the court decides the request. Annulment (faskh) is requested by the wife on grounds set by the law, including harm, failure to provide maintenance, absence, defects, and failure to honour conditions agreed in the contract.
Custody
- The first test in custody is the best interests of the child, which the court places above every other consideration.
- The mother has priority for custody, followed by others in the order set by the law, unless the child's interests require otherwise.
- Once the child reaches fifteen, they may choose to live with either parent, unless their interests require otherwise.
- Custody can be lost for reasons set by the law, and a transfer can be requested if the custodian is no longer able to look after the child's interests.
Maintenance (nafaqa)
A husband must maintain his wife, and a father must maintain his children. Maintenance covers food, clothing, housing, medical care, education and whatever is customary. The court sets the amount according to the payer's means and the recipient's needs, and either side may ask for it to be increased or reduced if circumstances change. Maintenance judgments are enforced through the Enforcement Court, and refusing to pay leads to enforcement measures.
Visitation
The parent who does not have custody has the right to visit the child and to have the child stay with them. If the parents disagree, the court sets the times and place, and a visitation judgment is enforced like any other judgment.
Guardianship and wills
The law regulates guardianship over minors, both personal and financial, and the rules on wills. These include that a will may not exceed one third of the estate, and may not be made in favour of an heir unless the other heirs approve it. For more on estates, see our estates and inheritance service.
How is a personal status case filed?
- Settlement first: the dispute can be taken to Taradhi (تراضي), the Ministry of Justice's reconciliation platform. A documented agreement reached there can be enforced.
- Filing the claim: if settlement fails, the claim is filed online through Najiz (ناجز, the Ministry of Justice e-services platform) before the competent personal status court or circuit.
- Hearings and judgment: the case is heard over several sessions, and both parties may be asked to attend some of them, such as settlement sessions.
- Objection: the judgment can be challenged before the Court of Appeal within the statutory period.
- Enforcement: judgments on maintenance, custody and visitation are enforced through the Enforcement Court.
Proceedings and filings are in Arabic, so foreign documents such as marriage certificates usually need an Arabic translation. Our team can advise you in English.
When was the Personal Status Law issued, and what does it cover?
The Personal Status Law was issued by Royal Decree No. (M/73) dated 6/8/1443 AH and contains 252 articles. Before it, family cases were decided by judicial interpretation of Islamic jurisprudence without a written text. The law unified the rules and made them clearer for families and for the courts.
| Part | What it regulates |
|---|---|
| Engagement and marriage | Engagement and breaking it off, the essentials and conditions of the marriage contract, the guardian, and the dowry. |
| Effects of the marriage contract | Each spouse's rights, spousal maintenance, and the marital home. |
| Separation of spouses | Divorce, khula, annulment, and the waiting period (iddah). |
| Parentage, custody and maintenance | Proving parentage, the order of custody and the custodian's conditions, child maintenance, and visitation. |
| Guardianship and trusteeship | Guardianship over a minor and their property, and the trustee and the limits of their powers. |
| Wills and the estate | The rules on wills, rights attached to the estate, and the rules of inheritance. |
Each of these parts gives rise to cases that come up again and again in the courts. For practical detail, see our personal status cases service, and for inheritance our estates and inheritance service.
Frequently asked questions
Can a wife obtain khula without her husband's agreement?
Yes. If the spouses do not agree, the court considers the khula request and decides the payment.
When can a child choose which parent to live with?
Once they reach fifteen, unless their interests require otherwise.
Can maintenance be changed after the judgment?
Yes, if the payer's circumstances or the recipient's needs change.
Do I need a lawyer for a personal status case?
It is not required, but a lawyer helps you identify the right requests and draft them properly, and can attend hearings on your behalf at most stages.
Need family law advice?
The team at Usus Law Firm handles personal status cases in Riyadh and Tabuk in full confidence, and includes a female lawyer whom women clients can deal with directly. Book your free consultation or call us on 053 034 9349.
Read also: Custody and maintenance after divorce.
Read also: Heirship deeds and dividing an estate.
Read also: Khula conditions and steps.
Read also: Inheritance calculator.
Read also: The Law of Sharia Procedure explained.
This article is general legal information and is not a substitute for advice on your specific case. Court proceedings in Saudi Arabia are in Arabic; the official Arabic text of each law prevails.
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