Article 3 of the Saudi Elderly Rights and Care Law
المادة 3 من نظام حقوق كبير السن ورعايته
The article recognizes the elderly person's right to live with their family, and requires the family to house and care for them in the order set out in Article 6.
Official text (Arabic)
This article has not been amended since the law was issued.
لكبير السن حق العيش مع أسرته، وعليها إيواؤه ورعايته، وتكون المسؤولية في ذلك على أفراد الأسرة وفقًا للتسلسل المنصوص عليه في المادة (السادسة) من النظام.
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 3 explained in plain English
This article lays down a basic rule of the Law: the elderly person has the right to live with their family, and the family in turn must house and care for them.
Article 1 provides that the family includes the father, the husband or wife, and the male children, grandchildren and brothers. The article does not place responsibility on all of them at once, but in the order set out in Article 6, which is:
- The husband or wife, if willing.
- If that is not possible, the father if able, then one of the male children.
- If that is not possible, one of the male grandchildren.
- If that is not possible, one of the male brothers.
Article 6 allows the duty of support to pass to whichever of them the elderly person chooses, even where someone else has priority over that person, and if they do not agree, or none of them provides support, the competent court determines the caregiver from among the family members, taking into account the interest of the elderly person.
Linked to this right is what Article 4 provides, that social care homes may not house an elderly person except with their consent, by court judgment, or in cases that endanger their life or safety under controls set by the Regulations; the basic position is that they live with their family. Anyone facing a family dispute over this responsibility should consult a lawyer specializing in personal status cases and the rights of the elderly.
Practical example
Abdullah is a 70-year-old widower living in Riyadh, with two sons. Under this article he has the right to live with his family, and the family must house and care for him. Because he has no wife, the duty passes under the order in Article 6 to his father if able and then to one of his male children; if the two sons disagree about who takes this on and cannot agree, the competent court determines the caregiver, taking into account the father's interest.
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 3 of the Saudi Elderly Rights and Care Law
Does an elderly person have the right to live with their family?
Yes, the article provides that an elderly person has the right to live with their family, and the family must house and care for them.
Which family member is responsible for housing an elderly person?
Responsibility falls on family members in the order in Article 6: the husband or wife if willing, then the father if able and then one of the male children, then one of the male grandchildren, then one of the male brothers.
What if family members cannot agree on who will care for the elderly person?
Under Article 6, the competent court determines the caregiver from among the family members, taking into account the interest of the elderly person.
Articles this article refers to
More articles on Support and Maintenance of the Elderly
- Article 1
The article defines the key terms of the Elderly Rights and Care Law, chiefly that an elderly person is any citizen aged 60 or over.
يقصد بالألفاظ والعبارات الآتية -أينما وردت في هذا النظام- المعاني المبينة أمام كل منها: 1- النظام: نظام حقوق كبير السن ورعايته. 2- اللائحة: اللائحة التنفيذية لل
- Article 5
The article treats an elderly person as needy if they are wholly or partly unable to secure the necessities of life because of a shortfall in their financial, physical, psychological or mental capacities.
لأغراض تطبيق أحكام النظام، يعد كبير السن محتاجًا إذا كان غير قادر على أن يؤمّن لنفسه ضروريات الحياة كليًّا أو جزئيًّا نتيجة لقصور في قدراته المالية أو البدنية أ
- Article 6
The article sets the order of family members who must support the needy elderly person, allows the elderly person to choose their caregiver, and gives the court the power to determine the caregiver where there is a dispute.
تكون إعالة كبير السن المحتاج على الزوج أو الزوجة إن رغبت، فإن تعذر ذلك فعلى أبيه إذا كان قادرًا ثم أحد أولاده الذكور، فإن تعذر ذلك فعلى أحد أحفاده الذكور، فإن ت
- Article 7
The article makes the maintenance for the care of a needy elderly person subject to the requirements of Sharia maintenance.
تكون نفقة رعاية كبير السن المحتاج وفقًا لمقتضيات النفقة الشرعية.
- Article 8
The article provides that the Ministry pays what helps a caregiver who cannot afford the care of a needy elderly person where no one in the family is able to support them, as the Regulations determine.
إذا عجز العائل عن توفير نفقة رعاية كبير السن المحتاج، ولم يكن في أسرته من هو قادر على إعالته؛ فيصرف له من الوزارة ما يساعده على ذلك، وذلك وفقًا لما تحدده اللائح
- Article 9
The article obliges the caregiver to protect the rights of the needy elderly person in accordance with Sharia and legal requirements.
يحمي العائل حقوق كبير السن المحتاج وفقًا للمقتضى الشرعي والنظامي.
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.