Family Law

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  • Decision No. (429) dated 05/08/1443 AH

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  • The Council of Ministers

  • After reviewing the correspondence received from the Royal Court No. 47698 dated 3/8/1443 AH, including the telegram of His Excellency the Minister of State and Member of the Council of Ministers for Shura Council Affairs, President of the Main Committee for Preparing Judicial Legislation No. 28 dated 22/5/1442 AH, regarding the draft Family Law.

  • After reviewing the aforementioned draft law.

  • After reviewing Royal Orders No. (5584) dated 26/1/1441 AH, and No. (34837) dated 5/6/1441 AH.

  • After reviewingthe Law of Civil Procedure, issued by Royal Decree No. (M/1) dated 22/1/1435 AH.

  • After reviewing the minutes No. (510) dated 17/8/1442 AH, and No. (630) dated 24/10/1442 AH, and memoranda No. (1917) dated 4/11/1442 AH, No. (1110) dated 22/5/1443 AH, and No. (1738) dated 3/8/1443 AH, prepared by the Bureau of Experts at the Council of Ministers.

  • After reviewing the recommendation prepared by the Council of Economic and Development Affairs No. (12-42/35/D) dated 3/9/1442 AH.

  • After considering the Shura Council decisions No. (145/27) dated 15/9/1442 AH, and No. (100/18) dated 18/5/1443 AH.

  • After reviewing the recommendation of the General Committee of the Council of Ministers No. (6823) dated 3/8/1443 AH.

  • It is decided as follows:

    • First: Approval of the Family Law, in the attached form.

    • Second: The age of majority – for the purposes of applying the Family Law – shall mean the completion of eighteen years, until the approval of theCivil Transactions Law and its enforcement.

    • Third: The Minister of Justice – in agreement with the Minister of Health – shall issuethe Medical Reports Regulation stipulated in the Family Law.

    • A draft Royal Decree has been prepared in this regard, its text is attached to this decision.

    • Fourth: The Ministry of Justice shall review the procedures for hearing family law cases stipulated in theLaw of Civil Procedure, issued by Royal Decree No. (M/1) dated 22/1/1435 AH, and its executive regulations, in a manner that preserves the family entity and guarantees the rights of its members. The Ministry shall coordinate with any relevant authorities it deems appropriate and submit what is necessary.

  • President of the Council of Ministers

 

  • Royal Decree No. (M/73) dated 06/08/1443 AH

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  • By the grace of Allah Almighty

  • We Salman bin Abdulaziz Al Saud

  • King of the Kingdom of Saudi Arabia

  • Based on Article (Seventy) of theBasic Law of Governance, issued by Royal Order No. (A/90) dated 27/8/1412 AH.

  • Based on Article (Twenty) of theLaw of the Council of Ministers, issued by Royal Order No. (A/13) dated 3/3/1414 AH.

  • Based on Article (Eighteen) of theLaw of the Shura Council, issued by Royal Order No. (A/91) dated 27/8/1412 AH.

  • After reviewing the Shura Council decisions No. (145/27) dated 15/9/1442 AH, and No. (100/18) dated 18/5/1443 AH.

  • After reviewing the Council of Ministers decision No. (429) dated 5/8/1443 AH.

  • We decree the following:

    • First: Approval of the Family Law, in the attached form.

    • Second: The age of majority – for the purposes of applying the Family Law – shall mean the completion of eighteen years, until the approval of theCivil Transactions Law and its enforcement.

    • Third: The Minister of Justice – in agreement with the Minister of Health – shall issuethe Medical Reports Regulation stipulated in the Family Law.

    • Fourth: His Highness the Deputy Prime Minister, the Ministers, and the heads of the relevant independent bodies – each within his jurisdiction – shall implement this Royal Decree.

  • Salman bin Abdulaziz Al Saud

(Chapter 1) Marriage

Article 3

Anything which a fiancé or fiancée offers to the other during the betrothal period shall be deemed a gift, unless the fiancé specifically declares that what he offers is part of the dowry or is deemed as such according to custom.

Article 4

If the fiancé or fiancée decides to cancel the betrothal, he or she may not recover the gifts offered thereby. In such case, the other party may recover the gifts offered to the canceling party if they still exist or, if they do not exist, their equivalent or the value thereof on the date of receipt, unless such gifts are of a consumable nature.
If the betrothal ends by reason of death, or for any other reason beyond the control of either party, the gifts may not be recovered.

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