The Personal Status Law is considered one of the most important systems governing family relationships in the Kingdom of Saudi Arabia. It defines the rights and obligations among family members and addresses matters related to marriage, divorce, alimony, custody, and inheritance. This law aims to keep pace with social changes and promote justice and equality. The new Personal Status Law in the Kingdom focuses particularly on protecting women’s rights and ensuring family stability. It marks a major development in regulating family matters per Islamic principles and is considered a fundamental tool for achieving social justice within Saudi society. In this article, we will simplify the Personal Status Law, its executive regulations, the most notable amendments made to it, and its objectives. We will also answer some common questions you might have.
The Personal Status Law
The Personal Status Law in the Kingdom of Saudi Arabia consists of systems and regulations that organize relationships within society and the family. This law is a fundamental element of the Saudi legal system due to its great importance, as it aims to regulate family-related issues such as inheritance, marriage, divorce, children, custody, and other personal status matters. These regulations and legislations are based on Islamic principles and reflect the prevailing values in Saudi society.
2. What is the New Personal Status Law?
The new Personal Status Law in the Kingdom is a legal regulation issued under Royal Decree No. (M/73) dated 6/8/1443 AH (corresponding to 9/3/2022 AD). This law aims to regulate all matters related to family relationships, such as engagement, marriage, divorce, lineage, custody, wills, and inheritance. These matters are organized under the provisions of Islamic Sharia and the applicable laws in the Kingdom of Saudi Arabia. The new Personal Status Law aims to protect individual rights, strengthen families, and achieve judicial justice, all within the framework of Saudi Vision 2030.
3. Executive Regulations of the Saudi Personal Status Law
What is the Personal Status Regulation?
It is the legal regulation that facilitates the understanding of legal rights in all personal status cases, aiming to organize family relationships and achieve justice. This regulation includes matters related to marriage, divorce, custody, and inheritance.
The law contains 252 articles divided into eight chapters, covering all aspects of personal status:
Chapter One: Covers everything related to engagement and marriage, and the general provisions related to marriage.
Two: Addresses the effects of the marriage contract, including the wife’s alimony and rules regarding the establishment of lineage.
Three: Covers all aspects of divorce, including its types and cases where divorce is not valid. This chapter also includes provisions on khulʿ (divorce initiated by the wife) and annulment of the marriage contract.
Four: Deals with the rights of both spouses and child custody in the event of separation.
Five: Contains general provisions on guardianship and custodianship, including conditions and rules.
Six: Addresses the elements and conditions of wills and specifies what invalidates them.
Seven: Includes rights related to inheritance, conditions of entitlement, and all matters concerning succession.
Eight: Contains the final provisions of the system.
According to the Executive Regulations of the Personal Status Law in the Kingdom of Saudi Arabia, it is a major step toward enhancing justice and organizing relationships among members of Saudi society, especially within the family, while ensuring individual rights.
4. Key Amendments to the Personal Status Law in the Kingdom
The Saudi Personal Status Law covers a wide range of topics that aim to organize family matters and protect women’s rights. The recent amendments focused on women’s rights in marriage and divorce. The key amendments include:
Marriage: The minimum age for marriage has been set at 18 for all nationalities. The law states that in the absence of a guardian, the court shall assume guardianship.
Alimony: The law confirms the wife’s right to alimony and makes it mandatory to pay it on a specified date.
Annulment of the Marriage Contract: The law grants women the right to annul the marriage contract at their will under certain conditions, and ensures their right to inheritance.
Lineage Protection: The law has adopted various modern methods to protect the child’s lineage.
Overall, the system significantly elevates the status of Saudi women within society.
5. Objectives of the Personal Status Law
The Personal Status Laws in the Kingdom of Saudi Arabia aim to achieve multiple objectives that keep pace with the social developments within Saudi society. It is one of the most important legal fields due to its rules and provisions related to families, individuals, and social relationships.
The law seeks to protect human rights and achieve family and child stability. It provides a legal framework that safeguards children’s rights in cases of divorce or separation, alimony, and custody to ensure they are raised in a safe and stable environment.
The Personal Status Law also includes regulations that enhance women’s rights in various areas such as marriage and divorce. It ensures justice and equality within society and helps preserve social balance.
6. Frequently Asked Questions:
1. Can a woman request khulʿ under the new system?
Yes, a woman can request khulʿ with more flexibility. Under the new Personal Status Law, khulʿ is defined as a woman’s right. To request separation in exchange for financial compensation given to the husband. For khulʿ to be valid, both parties must agree on the contract and the compensation. Also, one of them must document the khulʿ according to the prescribed regulations.
2. What are the rights of women under the new Saudi Personal Status Law?
The new law grants women several rights that ensure justice and equality within the family. The most notable of these rights are:
The right to explicitly consent to marriage, the guardian’s. Usually, the father may not contract the marriage without the woman’s consent.
The right to transfer guardianship a woman may request the court to transfer guardianship to the next eligible guardian if her legal guardian is absent.
Conclusion:
The new Personal Status Law is a significant step toward enhancing individual rights and ensuring family stability in the Kingdom, particularly regarding women’s rights and the regulation of family relationships. Due to the complexity of legal issues related to marriage, divorce, custody, or inheritance, individuals may need precise legal consultations to ensure their full rights are protected.
If you are facing any legal issue in this area, do not hesitate to contact Defense Lawyers and Legal Consultants, where their specialized team is ready to provide you with comprehensive, reliable legal support and help you make confident and informed decisions.
Contact us at: 920013824
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