المملكة: The most important details of the executive regulations of the personal status system after its approval
Article 1:
It is one of the forms of the absence of retreat between the spouses, according to what is ruled by Article (Seventh) of the system; As there were those who watched them and were special.
Article Two:
A non -Muslim marriage contract is documented, whether the nationality of its parties is united or disagreed, according to the provisions of the documentation system.
Article Three:
1- Without prejudice to the relevant regulatory provisions; To authorize the marriage of those under the age of (eighteen) years- according to Article (Ninth) of the system- the following:
A- That the request for permission to marry is in advance from the young man or the girl (who wish to marry), or their legal guardian, or the mother of either of them.
B- The approval of the wishing to marry his explicit approval before the court, and hearing what the mother has about this.
C- Reaching the desire to marry and his physical and mental completion, and that there is no danger in marriage, according to the following:
– Medical report.
– Parts; (Psychological, social). The judge may be satisfied with one of them, if the report is sufficient to clarify the extent of psychological and social equivalence of those wishing to marry.
2- The ruling of paragraph (1) of this article shall apply to the Saudi marriage without Saudi Arabia and Saudi Arabia without a Saudi if the contract is concluded inside the Kingdom.
Article 4:
If the two parties do not improve the Arabic language, then the word is explicit in the affirmative and acceptance in the marriage contract if it is explicit in their two languages, if their language differs correct in the language that each of them improves if it is explicit in it.
Article Five:
If the marriage contract is concluded by one of the technical means; The positive and acceptance in the contract is coupled with one council as a ruling, and the Ministry of Justice sets the necessary procedures and controls in this regard.
Article Six:
The court verifies that the guardian cannot attend or not be notified, by the competent authority, in accordance with the procedures for notifying the approved system.
Article Seven:
The court may delegate one of the licenses- according to the regular rulings- to make the marriage contract for a woman who is not known to her, provided that the contract is explicitly stated in his nap by marrying the woman.
Article 8:
Without prejudice to the virtue of paragraph (1) of Article (seventeen) of the system, if the woman’s request for marriage is based on her interruption from the saints, either due to the absence of the guardian, his loss or death; The request is seen as an end, and it is proven by evidence if any, otherwise one of the cases of interruption is verified by any means of proof or writing to the competent authority in accordance with the regular provisions.
Article 9:
If a woman appointed a crown prince according to paragraph (2) of Article (seventeen) of the system; It is necessary to include the marriage contract to prove this.
Article 10:
If one of the licenses is delegated in accordance with the provisions of Article (twenty) of the system; He explicitly stipulates his nap by marrying women.
Article Eleven:
In order to apply Article (twenty) of the system, it is considered in the ruling of every interest; The near for women, and the Ministry of Human Resources and Social Development.
Article Twelfth:
Proof of muscle does not require a sermon, nor his presence if he is present.
Article Thirteen:
If the muscular of the dilemma is proven according to the provision of Article (twentieth) of the system, and the cause of the muscle is not its own. This applies to the rest of the maqin al -Mujadel if it demands that one of them to do so, and the request is seen.
Article Fourteen:
The ruling is not prohibited by the stability of the muscle, the assumption of the contract is the contract of marriage if the woman is satisfied with that.
Article Fifteen:
The court takes into account the opinion of the women who are domesticated when transferring the mandate of her marriage to any of the saints.
Article Sixteen:
The effects of the marriage contract contained in Article (thirty -fourth) of the system are arranged if it is unjust from the guardian, without witnesses, or a forbidden marriage with Hajj or Umrah, and it can be documented after correction according to what is necessary.
Article seventeenth:
The dowry recorded in the contract is the named dowry, unless the couple is approved otherwise.
Article Eighteen:
The assessment of the proverb is for women, given the dowry of her counterparts from her relatives from the father and mother.
Article Nineteenth:
The incubator does not deserve the expense of a housing for the custody if any of them resides in a housing or designated for it, or if the incubator dwells according to others. And take into account the interest of the custody.
Article Twenty:
The incubator does not have to claim the housing fee if it is prepared for those who have alimony a suitable housing for the custody.
The twenty -first article:
Taking into account what the two articles (forty -ninth) and (fifty) of the regime are ruled, if he ruled with a temporary alimony for its entitlement, and there was a lawsuit with continuous alimony, so the following is taken into account:
1- If the ruling is for the wife, then the court, upon ruling on the continuous alimony, must take into account the temporary or decrease that it has ruled, provided that the husband or wife is required to do so, according to the circumstances.
2- If the judgment is for children or parents; The ongoing alimony is calculated from the date of the ruling, without regard to the temporary expense it has ruled.
Article Twenty -Two:
Taking into account what is required by Article (Fifty and Fifty) of the system, if the married girl does not deserve the expense of her husband according to what the (fifty -first) article of the system ruled; The father’s expense continued, or whoever has to spend.
Article Twenty Three:
If the alimony is sentenced to the custody; The ruling guaranteed its delivery to the incubator without his appointment, and the subsequent incubator replaces the previous incubator in receiving alimony.
Article Twenty Four:
For the purposes of applying paragraph (2) of Article (fifty -eighth) of the system, the son is not able to gain unless he (eighteen) is completed, provided that this does not contradict with the completion of his education with usual success.
Article Twenty Fifth:
It is one of the exceptional conditions mentioned in Article (seventy) of the system, the following:
1- Children’s suspicion of hospitals.
2- Not to identify the unknown people in accidents or disasters.
Article Twenty -six:
The wife’s right to request the annulment of the marriage contract does not fall for a husband in the husband who is prevented from marital cohabitation, as soon as she is silent about the claim.
Article Twenty -Seven:
The certificate is considered a sense of fame within the scope of the life of the spouses, one of the means of proving the damage to the dissolution of the marriage contract, and this certificate is not accepted to deny the damage.
Article Twenty -eight:
The court may cancel the marriage contract- after fulfilling the relevant regulatory procedures- when the wife demands it, because of her fear not to perform marital rights, and the husband refraining from her divorce or immorality, provided that she will return the dowry holding.
Article Twenty -Nine:
Taking into account what the two articles (ten hundred) and (eleven hundred) of the regime are spent; The two rulings are committed to the following:
1- Requesting the presence of the couple or one of them.
2- The report included the statements of the spouses and who was heard of his testimony.
Article Thirty:
According to what the articles (forty -second), (ten hundred) and (eleven hundred) of the regime are destroyed, if the two rulings are unable to reform between the spouses at the division; They must recommend any of the following:
1- Differentiation between them without compensation, if the causes of all discord are from the husband.
2- The distinction between them over the entire arrested dowry, if the causes of all discord are the wife.
3- Differentiating between them on Awad commensurate with the extent that each of them caused discord.
4- Differentiating between them on half of the dowry, if the cause of discord is not known.
In all cases, the time period of the tenth marital is taken into account.
The thirty -first article:
The court may, after reviewing the report of the two rulings, may decide any of the following:
1- Adopting the opinion of the two rulings.
2- Destroying the marriage contract and deciding what you see regarding the compensation.
In all cases, the marriage contract is not annulled by the wife’s receipt except with her approval.
Article Thirty -2:
Taking into account what the two articles (twenty -fourth after one hundred) and (thirty -eight hundred) of the regime, the incubator takes over the interests of the custody, and he has the following:
1- Follow up on the custody of the public and private authorities and to end the necessary procedures, including entering this purpose on the applications and digital platforms for the custodian.
2- Submit the benefits and rewards spent for the custodian from public and private bodies.
3- Maintaining copies of documents and identification documents related to the custodian, or the assets of any of them when needed.
Article thirty -third:
Taking into account what is ruled by Article (twenty -five hundred) of the system, if the custody does not exceed the age of two years; His custody will be for the mother, even if she gets married to a foreign man from him.
Article 34:
For the purposes of applying the provisions of Article (twenty -six hundred) of the system; The foreigner is not close in accordance with the provisions of Article (twenty -fourth after two hundred) of the system.
Thirty -fifth article:
The father or mother is obliged to custody in accordance with the provisions of the article (the thirty -one hundred) of the system, based on a lawsuit filed from one of them or from any of the relevant authorities.
Article Thirty -Six:
The incubator does not deserve a fee for custody unless the court chooses it in accordance with the provisions of Article (thirty -second after the hundred) of the system.
Article 37:
Without prejudice to the provisions of the regime, it is taken into account when determining those who are committed to taking the custody and returning it in the level of accompanying: the interest of the custody and the place of its residence, and the two parties to the dispute.
Article thirty -eight:
1- The Ministry of Justice is considered- in coordination with the relevant authorities- models and procedures for estimating alimony, custody and visit, and shall be approved by the court.
2- If the division takes place between the spouses in accordance with the provisions of Article (seventy-sixth) of the system; For any of them- according to the circumstances- electronically apply for the request for custody, visit, or the expense of the children, and issues a document regarding the request in accordance with the forms and procedures stipulated in paragraph (1) of this article, and it is an executive bond after its approval from the court, and the ruling of this paragraph applies to Any request regarding the custody, visit, or the expense of the children before the band gets.
3- Every person with an interest in the objection to what was included in the document mentioned in paragraph No. (2) of this article is a lawsuit with the court, and it may order the suspension of implementation whenever he is afraid of harm.
Article Thirty -Nine:
When determining the similar party mentioned in Article (eighty -five hundred) of the system, it is taken into account; To be fulfilled by the purpose of the testator as possible. In all cases, it is not permissible to transfer the exchange of the will except in accordance with the regular provisions.
Article Forty:
Without prejudice to the relevant regulatory provisions, the competent and supervising authorities must register the funds to benefit any of the heirs- upon his request- the following:
1- The rights of his inheritance and his fixed and transferred money.
2- Handing over a copy of the statements related to the money of his heirs that took place after the date of his death.
Article forty -first:
This regulation is published in the Official Gazette, and is worked on from the date of its publication.
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