Article 16 of the Saudi Personal Status Law

المادة 16 من نظام الأحوال الشخصية · الفصل الثالث: أركان عقد الزواج وشروطه

The article requires offer and acceptance to correspond expressly, be joined in one session in fact or in law, and be immediate, neither conditional nor deferred to the future.

Official text (Arabic)

This article has not been amended since the law was issued.

يشترط في الإيجاب والقبول:

1- أن يكونا متوافقين صراحةً.

2- أن يكونا مقترنين في مجلس واحد حقيقة، ويصح أن يكونا مقترنين في مجلس واحد حكماً؛ وذلك وفقاً لما تقرره الأحكام النظامية في هذا الشأن.

3- أن يكونا منجزين، لا معلقين على شرط ولا مضافين إلى مستقبل.

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 16 explained in plain English

After Article 15 explained that marriage is concluded by an offer from the guardian and acceptance from the husband, this article sets three conditions that offer and acceptance must meet:

1- Express correspondence: the acceptance must match the offer expressly; the husband may not accept something different from what the guardian offered.

2- Joining in one session:

The rule is that the offer and acceptance take place in one session in fact, that is, with both parties present in the same place.
They may also be in one session in law, according to what the legal provisions on this provide. The article does not detail the forms of a session in law but refers to the legal provisions.

3- Immediacy: the offer and acceptance must be immediate, that is, effective at once, so they may not be:

conditional on a condition.
or deferred to the future.

It follows that a marriage tied to the occurrence of a future event, or fixed for a later time, does not meet this condition.

This article is followed by Article 17, which sets the order of guardians in marriage, who are the ones from whom the offer comes.

If there is any question about the validity of a contract made in an unusual way, it is advisable to consult a lawyer specializing in personal status.

Practical example

A girl's guardian in Taif said: "I marry my daughter to you if you pass the exam", and the suitor accepted. This offer is conditional on a condition, so it does not meet the condition of immediacy that the article requires.

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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