We have reviewed the letter of His Excellency the General Secretary of the Council of Ministers No. 1066 dated 1446/1/20 AH regarding the correspondence including the telegram of His Excellency the Minister of Justice No. 436418148 dated 1443/11/16 AH, attached with a draft regulation of the Family Law, and what His Excellency the General Secretary clarified that the Bureau of Experts at the Council of Ministers prepared its minutes No. (7) on 1446/1/9 AH concerning the subject, which includes the following recommendation:
1- Approval of the regulation of the Family Law, in the form attached to the aforementioned minutes of the Bureau of Experts at the Council of Ministers.
2- His Excellency the Minister of Justice shall undertake the following:
A- Arrange the procedures for hearing cases to prove marriage contracts concluded without the permission of the competent authority where such permission is required, in coordination with the relevant authorities.
B- Submit any necessary additional regulations for the Family Law when appropriate, and according to new judicial applications of the provisions of the law and the regulation referred to in paragraph (1) above, with His Excellency the General Secretary clarifying what the General Committee of the Council of Ministers has seen in this regard. We have also reviewed the letter of His Excellency the General Secretary No. 2362 dated 1446/2/18 AH on this matter.
We inform you of our approval of this, so proceed with what is necessary accordingly.
Mohammed bin Salman bin Abdulaziz Al Saud
Prime Minister
Regulations of the Family Law
Article 1
The presence of a discerning person shall be deemed one of the forms for negating khalwa between a married couple as stipulated in Article 7 of the Law.
Article 2
The marriage contract of a non-Muslim man to a non-Muslim woman shall be registered in accordance with the provisions of the Notarization Law, whether they are of the same nationality or different nationalities.
Article 3
Article 4
If the parties to the marriage contract do not speak the Arabic language, the offer and acceptance shall be made explicitly in their language if the language allows therefor. If the parties do not speak the same language, the offer and acceptance shall be made in the languages the parties speak if the languages allow therefor.
Article 5
If the marriage contract is concluded by any means of technology, the offer and acceptance shall constructively be deemed to have been made at the same time and place. The Ministry of Justice shall set the relevant procedures and controls.
Article 6
The court shall verify the marriage guardian’s inability to be present at the conclusion of the marriage
contract or the inability to notify him, through the competent authority, in accordance with applicable
notification procedures.
Article 7
The court may, in accordance with statutory provisions, assign an authorized person to act as the
guardian in the conclusion of a marriage contract for a woman whose father is unknown, provided
that the contract explicitly provides for such assignment.
Article 8
Without prejudice to the provision of Article 17(1) of the Law, if a woman requests marriage on grounds that she has no guardian due to the guardian’s absence, disappearance, or death, the court shall address the matter by issuing a declaratory deed establishing such absence, disappearance, or death based on evidence, if any; otherwise, the court shall ascertain the guardian’s absence, disappearance, or death using any means of evidence or by communicating in writing with the competent authority in accordance with statutory provisions.
Article 9
If a woman designates a guardian in accordance with Article 17(2) of the Law, the marriage contract must provide for such designation.