Article 1 of the Saudi Personal Status Law

This article sets the definition on which the Personal Status Law relies in all the provisions on engagement, providing that engagement is a request for marriage and a promise of it.

The definition has two elements:

• A request for marriage: that is, the suitor submits a request to marry the woman.
• A promise of it: that is, a preliminary agreement and promise are reached to complete the marriage in the future.

In practice this means that engagement is merely a promise of marriage, not marriage itself; marriage arises only through a separate contract that has its own pillars and conditions. The suitor and the fiancée therefore do not become spouses merely by engagement, however long it lasts or however well known it is among people.

Because engagement is a promise and not a contract, Article 2 of the Law provides that either the suitor or the fiancée may withdraw from the engagement, that is, back out of it. A promise does not bind its maker to complete the marriage, and each party remains free to decide until the contract is concluded.

This article is useful to anyone who wants to know his or her legal position during the engagement, since it shows that this period is a preliminary stage for getting to know each other and agreeing, and that marital rights and duties arise only through the contract. If a dispute arises over whether a relationship is an engagement or a marriage, it is advisable to consult a lawyer specializing in personal status.