Article 7 of the Saudi Civil Transactions Law
المادة 7 من نظام المعاملات المدنية · الفرع الأول: الشخص ذو الصفة الطبيعية
The article explains how to count the degree of direct and indirect kinship, and treats a spouse's relatives as having the same kinship and degree in relation to the other spouse.
Official text (Arabic)
This article has not been amended since the law was issued.
1- تتحدد درجة القرابة المباشرة باعتبار كل فرعٍ درجةً عند الصعود للأصل دون حساب الأصل، وتتحدد درجة القرابة غير المباشرة بعدد الفروع صعودًا من الفرع للأصل المشترك ثم نزولًا منه إلى الفرع الآخر، وكل فرع فيما عدا الأصل المشترك يعدُّ درجة.
2- يعدُّ أقارب أحد الزوجين في القرابة والدرجة نفسها بالنسبة إلى الزوج الآخر.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 7 explained in plain English
Article 6 defined the two kinds of kinship (direct and indirect), and this article explains how the degree of each is counted.
First: the degree of direct kinship: Each descendant counts as one degree when going up to the ascendant, without counting the ascendant himself. A son and his father are in the first degree, and a grandson and his grandfather are in the second degree (the grandson is one degree, his father is one degree, and the grandfather is not counted).
Second: the degree of indirect kinship: The descendants are counted going up from the descendant to the common ancestor, then down from him to the other descendant, and each descendant counts as one degree except the common ancestor. Applying this:
- Two brothers: each counts as one degree, so they are in the second degree.
- An uncle and his nephew: the nephew is one degree, his father is one degree, and the uncle is one degree, so they are in the third degree.
- Cousins: four degrees.
Third: a spouse's relatives: Paragraph 2 provides that the relatives of one spouse are counted as having the same kinship and degree in relation to the other spouse. A wife's brother is therefore, in relation to the husband, an indirect relative of the second degree.
This calculation matters because some provisions may be tied to a particular degree of kinship, and this article is used to determine it. To confirm the effect of the degree of kinship in a specific matter, it is advisable to consult a lawyer who specializes in personal status or civil cases.
Practical example
Majid wanted to know the degree of his kinship to his cousin Turki. He goes up from himself (one degree) to his father (one degree) to reach the grandfather, who is the common ancestor and so is not counted, then comes down to his uncle (one degree) and then to Turki (one degree), so the kinship between them is indirect kinship of the fourth degree. Majid's wife has the same kinship and degree in relation to Turki.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 7 of the Saudi Civil Transactions Law
What is the degree of kinship between two brothers?
They are in the second degree, because each descendant counts as one degree except the common ancestor, who is the father.
How is the degree of direct kinship counted?
Each descendant counts as one degree when going up to the ascendant, without counting the ascendant, so a son and his father are in the first degree.
Are a wife's relatives relatives of the husband?
Paragraph 2 provides that the relatives of one spouse are counted as having the same kinship and degree in relation to the other spouse.
More articles on Capacity and General Provisions
- Article 1
The Article sets the order of what applies to civil matters: the Law's provisions, then the general rules in the final provisions, then the most suitable rulings of Sharia, without prejudice to special statutory provisions.
1- تُطبق نصوص هذا النظام على جميع المسائل التي تناولتها في لفظها أو في فحواها، فإن لم يوجد نص يمكن تطبيقه طُبقت القواعد الكلية الواردة في الأحكام الختامية، فإن
- Article 2
The Article provides that all periods and time limits in the Civil Transactions Law are calculated by the Hijri calendar.
تحسب المدد والمواعيد الواردة في هذا النظام بالتقويم الهجري.
- Article 3
The Article provides that a person's legal personality begins with complete live birth and ends with death, and that the rights of an unborn child in the womb are determined by statutory provisions.
1- تبدأ شخصية الإنسان بتمام ولادته حيًّا وتنتهي بموته. 2- حقوق الحمل المستكن تحددها النصوص النظامية.
- Article 4
The Article refers the rules on the missing person, the absent person and the person of unknown parentage to the statutory provisions specific to them rather than regulating them in the Civil Transactions Law.
تسري على المفقود والغائب ومجهول النسب النصوص النظامية الخاصة بهم.
- Article 5
The Article refers the rules on persons' names, titles, families, kinship and nationalities to the statutory provisions specific to them.
تسري على أسماء الأشخاص وألقابهم وأسرهم وقراباتهم وجنسياتهم النصوص النظامية الخاصة بها.
- Article 6
The article defines direct kinship as the link between ascendants and descendants, and indirect kinship as the bond between persons who share a common ancestor without one being a descendant of the other.
1- القرابة المباشرة هي الصلة بين الأصول والفروع. 2- القرابة غير المباشرة هي الرابطة بين أشخاصٍ يجمعهم أصلٌ مشتركٌ دون أن يكون أحدهم فرعًا للآخر.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.