Saudi Gazette report

RIYADH — Minister of Justice and Chairman of the Supreme Judiciary Council Dr. Walid Al-Samaani emphasized that the Personal Status Law, approved by the Council of Ministers on Tuesday, consolidates the rights of women, especially the right for custody of children.

Attending “Al-Rased” program on Al-Ekhbariya channel, the minister said that the new law guarantees Saudi women’s rights such as mandatory knowledge about all the procedures of marriage. “And hence, she has the right to claim compensation if she was neither made known about divorce nor supplied with the necessary documents in this regard by the husband in the event of divorce,” he said.

With regard to mother’s entitlement to custody of children, Al-Samaani confirmed that there is a provision in the new law that unequivocally emphasizes the right of mother for the custody of children. “In the past there was a provision that the mother was entitled to the custody of children, but there had been no legally binding text until enactment of the new law,” he pointed out.

Al-Samaani noted that the law stipulates that pronouncing divorce with repetition of its wording several times has no effect as it will be counted as a single divorce. “The law consists of several provisions that give decisive answers to many personal status related questions such as alimony, visiting children, and divorce in a state of extreme anger. The law will be instrumental in bringing down the differences related to civil status issues in general, and those related to the family in particular,” he said while noting that many of such differences will be resolved before taking them to court.

The Personal Status Law was introduced as part of the measures to reform judicial institutions as well as to improve the legislative environment in the Kingdom. Crown Prince Muhammad Bin Salman announced last year about introducing four new laws that also included the Civil Transactions Law, the Penal Code for Discretionary Sanctions, and the Law of Evidence apart from the Personal Status Law. He stated that the laws would represent a new wave of judicial reforms in the Kingdom. The Cabinet earlier approved the Law of Evidence.

Al-Samaani said earlier that the specialized legislations would have a significant positive impact on the judiciary and the Saudi society in general. “This is because of the integrated objectivity of the legislations as they are based on several foundations, and first and foremost of which are the provisions of Islamic Shariah, its rules and purposes; and the ground realities in terms of economic, social and other aspects of Saudi life. The international studies and experiences were also taken into consideration while drafting these legislations,” the minister added.