Saudi Arabia Focus
The first codified personal status law in KSA reforms marriage and inheritance rules
Law Update: Issue 356 - Saudi Arabia
Dipali MaldonadoSenior Counsel, Private Client Services
Ali ZakariaSenior Associate,Private Client Services
Hend Al MehairiAssociate,Private Client Services
As part of Vision 2030, the Kingdom of Saudi Arabia (“KSA”) announced four new laws to be adopted in February 2022, including the personal status law, the civil transactions law, the penal code and the law of evidence. This move towards a codified legal system is designed to enhance the efficiency, predictability, and integrity of the Kingdom’s judicial system. These new laws will have a significant impact on the daily lives of citizens and residents of the Kingdom and will help to further modernize the country.
The Personal Status Law (PSL) issued through royal decree No. M/73, dated 6/8/1443H is the first to be adopted out of the four new laws and came into force on 17 June 2022. The PSL seeks to establish gender equality in the sphere of family relations, removes the need for discretionary reasoning by judges, thereby reducing inconsistency, promotes transparency, enhances the quality of living in KSA, and protects human rights. It is a law that has been long-awaited by many in the Kingdom and is a significant step forward in modernizing the country.
The PSL covers personal status issues, including, inter alia, marriage, divorce, separation, lineage, guardianship and custody of children, wills, inheritance, and trusteeship. It codifies the rights and duties of spouses vis a vis cohabitation, mutual respect, not doing harm to each other, protecting the family’s interests, and taking care of children. This law will provide a clearer and more consistent legal framework for personal status issues, making it easier for individuals to navigate the legal system.
When filing any claim before the Personal Status Court, the claim is automatically referred to a platform affiliated with the Ministry of Justice, called the “TARADHI” platform, where the court’s conciliators hold reconciliation sessions between the parties to the case prior to referring the matter to the judge. In the event reconciliation proves successful, the conciliation committee shall hand down a final enforceable reconciliation report to the parties and the Execution Court, which the parties are bound to comply with. This platform is designed to help couples resolve disputes and reach a settlement before the matter goes to court, which will help to reduce the backlog of cases and make the legal process more efficient.
Where reconciliation is not possible between the parties, the conciliator shall refer the case to the Personal Status Court for determination. This will ensure that all cases are heard by a judge, and that individuals have the opportunity to have their disputes resolved in court.
The PSL provides for the right of married women to receive alimony from their husbands, regardless of the women's economic circumstances. Such alimony covers housing, food, clothing, and other necessities of daily life. This is a significant change from the past, where the provisions for alimony were not well defined, nor was the extent to which a wealthy woman was entitled to receive it, leaving room for inconsistency and unpredictability. This new law will provide more certainty for women and ensure that they are able to maintain a basic standard of living after a divorce.
Further, the law granted women the right to marriage contracts under specific scenarios unilaterally. According to the PSL, it is prohibited to document a marriage contract for anyone younger than 18, regardless of gender. However, the court has the option to make exceptions for those whom it deems it is in their best interest to marry. The court has the right to marry a woman whose guardian refuses to allow her to marry and to transfer her guardianship to any other guardian, provided that the latter looks out for her best interests. This is another significant change, as in the past, women were not able to initiate marriage contracts without.
Overall, the PSL aims to enhance the quality of living in Saudi Arabia by promoting gender equality, protecting human rights, and providing a clearer and more consistent legal system for personal status issues.
For further information,please contact Dipali Maldonado, Ali Zakaria and Hend Al Mehairi.
Published in March 2023
