Article 101 of the Saudi Personal Status Law
المادة 101 من نظام الأحوال الشخصية · الفصل الثالث: الخلع
If the compensation for khul is the dowry, the wife is bound only to hand over what she received of it, and the remainder is waived even if it was deferred.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا كان عوض الخُلع هو المهر فيقتصر على تسليم ما قُبِضَ من المهر، ويسقط ما بقي منه ولو كان مؤجلاً.
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 101 explained in plain English
This article deals with a common case in which the spouses agree that the compensation for khul will be the dowry (mahr).
The ruling in this case:
- The compensation is limited to handing over what the wife actually received of the dowry.
- What remains of the dowry and was not received by the wife is waived.
- The waiver applies even to the deferred part of the dowry.
If the wife received part of the dowry and another part remains owed by the husband, whether due now or deferred, khul in return for the dowry means that she returns only what she received. The husband does not claim more than that from her, and she does not claim the remainder from him.
Relation to neighboring articles: Article 100 provides that whatever may be regarded as property may serve as compensation in khul, and that the compensation may not be the waiver of any of the children's rights or of their custody. Article 102 requires registration of khul, and the spouses, or one of them, must register it according to the provisions regulating this.
To work out what must be returned in a particular case, it is advisable to consult a lawyer specializing in personal status matters.
Practical example
Hind's dowry was SAR 50,000; she received SAR 30,000 and SAR 20,000 remained deferred. She and her husband agreed on khul with the dowry as the compensation, so she is bound to return only the SAR 30,000 she received, and the deferred amount is waived.
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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Active contributorFrequently asked questions about Article 101 of the Saudi Personal Status Law
Does the wife return the whole dowry in khul?
If the compensation for khul is the dowry, it is limited to handing over what she received of the dowry.
What happens to the deferred dowry in khul?
If the compensation for khul is the dowry, what remains of the dowry is waived even if it was deferred.
More articles on Khul' (Divorce by Wife's Request)
- Article 76
The article sets out the cases in which separation occurs between spouses: divorce, khul', annulment of the marriage contract, the death of either spouse, and li'an.
تحصل الفرقة بين الزوجين في أي من الحالات الآتية: 1- الطلاق. 2- الخُلع. 3- فسخ عقد الزواج. 4- وفاة أحد الزوجين. 5- اللعان بين الزوجين.
- Article 95
The article defines khul as a separation between the spouses at the wife's request and with the husband's consent, in return for compensation given by the wife or by someone else.
الخلع هو فراق بين الزوجين بطلب الزوجة وموافقة الزوج مقابل عوض تبذله الزوجة أو غيرها.
- Article 96
Khul is valid when both spouses, having full legal capacity, agree to end the marriage contract, without the need for a court judgment.
يصح الخُلع بتراضي الزوجين كاملي الأهلية على إنهاء عقد الزواج، دون الحاجة إلى حكم قضائي.
- Article 97
Khul takes place by any spoken or written wording, or an understandable gesture, that indicates separation; it is a termination of the marriage contract, an irrevocable separation of the lesser degree, and not counted among the three divorces.
يقع الخلع بأي لفظ دل على الفرقة بالنطق أو الكتابة وعند العجز عنهما فبالإشارة المفهومة، ويعد فسخاً لعقد الزواج ولو كان بلفظ الطلاق، ويكون فرقة بائنة بينونة صغرى،
- Article 98
Khul takes place whatever the wife's condition, including during her menstruation, postpartum bleeding, and a period of purity in which her husband had intercourse with her.
يقع الخلع في أي حالٍ كانت عليه الزوجة، بما في ذلك حال حيضها، ونفاسها، والطُّهر الذي جَامعها زوجُها فيه.
- Article 99
Khul does not take place without compensation; if a husband separates from his wife by khul with no compensation, it is not khul and the provisions on divorce apply.
لا يقع الخلع إذا كان بغير عوض، فإذا خالع الزوج زوجته بلا عوض فلا يعد خلعاً، وتطبق أحكام الطلاق.
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.