Article 122 of the Saudi Personal Status Law
المادة 122 من نظام الأحوال الشخصية · الفصل الأول: العدة
If the husband dies while the woman is in the waiting period after a revocable divorce, she moves to the widow's waiting period, and what has passed is not counted.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا توفي الزوج وكانت المرأة في العدة من طلاق رجعي، تنتقل إلى عدة الوفاة، ولا يحسب ما مضى.
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 122 explained in plain English
This article deals with a specific case: a woman who was divorced by a revocable divorce and whose husband died during her waiting period. A revocable divorce does not finally end the marital relationship while the waiting period continues, so the article gives a special ruling for this case.
The ruling comes down to two points:
- Moving to the widow's waiting period: the woman leaves the divorce waiting period and begins the waiting period for death.
- What has passed is not counted: the time she spent in the divorce waiting period before the death is not deducted from the death waiting period; the death waiting period begins in full.
The meaning of this article becomes clear by comparing it with Article 123, which provides that if a woman is in a waiting period after khul, termination or an irrevocable divorce and the husband then dies, she completes her waiting period and does not have to observe a death waiting period, unless the divorce took place during a death-illness and without her request, in which case she observes the longer of the two waiting periods. The difference, then, is between a revocable divorce on one side, and an irrevocable divorce, khul and termination on the other.
The length of the waiting period in divorce for a non-pregnant woman is set out in Article 121. This article does not state the length of the death waiting period itself, so its details are found in the provisions that regulate it, and a lawyer specializing in personal status matters can be consulted when needed.
Practical example
Ahmed divorced his wife by a revocable divorce, and after two menstrual periods of her waiting period he died. The wife does not complete the divorce waiting period but moves to the widow's waiting period and starts it from the day of death, without counting what has passed.
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 122 of the Saudi Personal Status Law
If the husband dies while a revocably divorced wife is in her waiting period, what does she do?
She moves to the widow's waiting period, and what has passed of the divorce waiting period is not counted.
Is the ruling different if the divorce was irrevocable?
Yes. Under Article 123, a woman in a waiting period after an irrevocable divorce, khul or termination completes her waiting period and does not observe a death waiting period, unless the divorce took place during a death-illness and without her request, in which case she observes the longer of the two waiting periods.
More articles on Waiting Period (Iddah)
- Article 26
The article lists seven cases of temporary prohibition of marriage, including marrying a woman in her waiting period, combining more than four wives, and combining two sisters.
يحرم الزواج مؤقتاً، في الحالات الآتية: 1- زواج الرجل من المعتدة من غيره. 2- زواج الرجل من البائن منه بينونة كبرى بطلاقها ثلاثاً مع مراعاة أحكام المادة (الخامسة
- Article 33
The article explains that a void marriage produces no effect before consummation, and sets out what follows after consummation: the waiting period, prohibition arising from marriage ties, and the dower of equivalent women, under its conditions.
1- لا يرتب الزواج الباطل أي أثر قبل الدخول. 2- يترتب على الزواج الباطل بعد الدخول، الأحكام الآتية: أ- وجوب العدة. ب- حرمة المصاهرة. ج- استحقاق المرأة مهر المثل
- Article 53
The article provides that maintenance is owed to a woman in her waiting period after a revocable divorce until the period ends, and not to one in her waiting period after an irrevocable divorce unless she is pregnant, in which case she is entitled until she gives birth.
1- تجب النفقة للمعتدة من طلاق رجعي إلى حين انتهاء عدتها. 2- لا تجب النفقة للمعتدة البائن إلا إذا كانت حاملاً، فلها النفقة حتى تضع حملها.
- Article 54
The article denies maintenance to a woman in her waiting period after the husband's death unless she is pregnant, in which case it is from the money of the unborn child and then from its heir, and affirms her right to reside in the marital home during the waiting period.
1- لا نفقة للمعتدة من الوفاة إلا إذا كانت حاملاً فتجب نفقتها في مال الحمل حتى تضع حملها، فإن لم يكن له مال وجبت النفقة على وارث الحمل. 2- يحق للمعتدة من الوفاة
- Article 94
The wife's statement that her divorce waiting period ended before she was taken back is accepted, provided the period is one in which the waiting period would normally be able to end.
يقبل قول الزوجة في انقضاء عدة الطلاق قبل المراجعة إذا كانت المدة تحتمل انقضاء العدة فيها عادة.
- Article 116
The article defines the waiting period (idda) as the fixed period during which a woman may not marry because of a marital separation or the equivalent.
العدة هي المدة المحددة التي لا يجوز للمرأة خلالها الزواج بسبب وقوع الفرقة الزوجية أو ما في حكمها.
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.