Minister of Justice Decision No. (5121) dated 1447/07/03 AH
The Minister of Justice
Based on the powers vested in him by law, and pursuant to the Royal Order No. (59641) dated 1446/8/17 AH, approving the Family Law Regulations, and the Minister of Justice's arrangement of procedures for hearing cases to prove marriage contracts concluded without the permission of the competent authority when such permission is required, in coordination with the relevant authorities, and after reviewing the studies and reports prepared in this regard, and after coordination with the Ministry of Interior and the relevant authorities, and in the interest of work.
Decides the following:
First: Approval of the procedures related to hearing cases to prove marriage contracts concluded without the permission of the competent authority when such permission is required, in the attached format.
Second: This decision shall be communicated to all concerned for adoption and implementation.
And God is the Grantor of success.
Minister of Justice
Waleed bin Mohammed Al-Samaani
Special arrangements for hearing the case to prove a marriage contract concluded without the permission of the competent authority for which permission is required
Article 1
The following terms - wherever they appear in these arrangements - shall have the meanings indicated opposite each of them:
Article 2
Without prejudice to the relevant statutory provisions, these arrangements apply to the claim of proving a marriage contract concluded in violation of the provisions of the regulation and the instructions issued thereof.
Article 3
It is a condition for accepting a lawsuit to prove a marriage contract concluded in violation of the provisions of the regulation; the issuance of authorization to document it in accordance with the legal provisions.
Article 4
A claim to prove a marriage contract shall not be accepted if one of the parties to the claim belongs to the categories mentioned in (Article One) of the Regulation, and those whose claims are ruled inadmissible must complete the procedures in accordance with the provisions of the Regulation.
Article 5
A claim to prove a marriage contract shall not be accepted if one of the parties to the claim is subject to the provisions of Articles (9) and (11) of the Law.
Article 6
Without prejudice to the provisions of Articles (4) and (5) of these arrangements, the competent administration in the Ministry of Justice shall register the claim for proving the marriage contract and shall write to the Ministry of Interior to take whatever measures it deems appropriate regarding this request.
Article 7
If the Ministry of Interior reports the authorization of the competent authority to notarize the marriage contract, the claim shall be referred to the court to consider the case and decide on it in accordance with the relevant legal provisions.
Article 8
If the Ministry of Interior reports that the authorized person is not permitted to notarize the marriage contract, the court shall rule to dismiss the case, and those whose cases are dismissed shall complete the procedures in accordance with the provisions of the regulation.
Article 9
1- The provisions contained in these arrangements do not prejudice the hearing of claims related to rights arising from the marriage contract, whether by one of the spouses for his own benefit or the benefit of the child, or by one of their children, or by an interested party among others, including claims of alimony, separation, inheritance, paternity confirmation, and others.
2- The rulings issued in the claims referred to in paragraph (1) of this article shall not be considered as evidence in proving the marriage contract.