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A New Era for Family Law in Saudi Arabia
In a significant move towards legal reform, Saudi Arabia has officially enacted the new Personal Status Regulations. Approved by Crown Prince and Prime Minister Mohammed bin Salman, this legislation marks a pivotal step forward in modernizing the kingdom's legal framework concerning family affairs.
Key Highlights of the New Legislation
Empowerment through Legal Framework: The regulations consist of 41 articles aimed at refining how marriage contracts are handled. Specifically, they grant authority to the Minister of Justice to establish procedures for addressing cases involving marriages conducted without prior approvals from relevant authorities.
Inclusivity in Marriage Contracts: In a progressive step, the law mandates that all non-Muslim marriage contracts be officially recorded regardless of nationality, ensuring broader inclusiveness and legal recognition within Saudi society.
Protection of Women's Rights: The new regulations fortify women's rights significantly. A crucial provision ensures that a woman cannot lose her right to request marriage annulment due to undisclosed marital impediments unless she files for it promptly after discovering the issue.
Custody and Privacy Concerns Addressed: Highlighting the importance of familial bonds, the legislation specifies that maternal custody is preserved if the child is below two years old, even in cases where the mother remarries. Moreover, privacy within marriage is given prominence with conditions under which it's considered compromised.
Age of Marriage Set at 18: Aligning with international standards and emphasizing the protection of youth, the legal age for marriage has been fixed at 18, reinforcing a commitment to safeguarding young individuals' rights.
A Broader Legal Reform Initiative: This law is part of an extensive legal reform campaign announced in February 2021. The initiative encompasses four major frameworks including Personal Status Law, Civil Transactions Law, Penal Code for Discretionary Sanctions, and Law of Evidence.
As Saudi Arabia continues on its path towards significant legal reforms, these regulations are a testament to the kingdom's commitment to enhancing its judicial system and aligning it with both Islamic principles and international best practices. The implementation of these new Personal Status Regulations reflects a broader vision for modernization and societal progress.