Article 2 of the Saudi Personal Status Law
المادة 2 من نظام الأحوال الشخصية · الفصل الأول: الخطبة
The article gives both the suitor and the fiancée the right to withdraw from the engagement.
Official text (Arabic)
This article has not been amended since the law was issued.
لكل من الخاطب والمخطوبة العدول عن الخطبة.
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 2 explained in plain English
This article sets a clear rule: both the suitor and the fiancée may withdraw from the engagement. Withdrawal means backing out of the engagement and ending it before the marriage contract is concluded.
This rule is linked to the definition of engagement in Article 1, which describes it as a request for marriage and a promise of it; as long as the engagement is a promise and not a contract, it does not bind either party to complete the marriage.
The main points that follow from the article:
- The right to withdraw belongs to both parties together; it is not limited to the suitor alone or the fiancée alone.
- The article does not require any particular reason for exercising this right; the text is unqualified.
- Withdrawal takes place before the marriage contract, because engagement is a stage that precedes it.
As for what one party gave the other during the engagement, Article 3 provides that it is considered a gift, unless the suitor states that what he gave is part of the dowry (mahr) or custom treats it as part of the dowry. What happens to these gifts and the dowry on withdrawal is regulated by other articles of the Law.
If one party decides to end the engagement, that is a legal right of his or hers. If a dispute arises over what was given during the engagement, it is advisable to consult a lawyer specializing in personal status to learn the appropriate ruling for the case.
Practical example
Ahmed became engaged to a young woman in Riyadh, and after several months the fiancée decided that the marriage did not suit her and told him she was withdrawing. She is entitled to do so under the article, because both the suitor and the fiancée may withdraw from the engagement.
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 2 of the Saudi Personal Status Law
Does the fiancée have the right to end the engagement?
Yes. The article provides that both the suitor and the fiancée may withdraw from the engagement, so the right belongs to both parties.
Must a reason be given for backing out of an engagement?
The article does not require any particular reason for withdrawal; the text establishes the right for each of the parties without restriction.
What is the ruling on gifts given during the engagement?
Article 3 provides that what the suitor or the fiancée gives the other during the engagement is considered a gift, unless the suitor states that it is part of the dowry or custom treats it as such.
More articles on Engagement
- Article 1
The article defines the engagement as a request for marriage and a promise of it, a stage that precedes the marriage contract and is not itself a marriage.
الخطبة هي طلب الزواج والوعد به.
- Article 3
The article treats everything one fiancé gives the other during the engagement as a gift, unless the suitor states it is dowry (mahr) or custom treats it as such.
جميع ما يقدمه الخاطب أو المخطوبة إلى الآخر خلال فترة الخطبة يعد هدية؛ ما لم يصرح الخاطب بأن ما قدمه يعد مهراً أو يجر عرف على أنه من المهر.
- Article 4
The article sets the fate of engagement gifts on withdrawal: a person who withdraws for a reason attributable to him cannot take back his gift, the other may recover his or hers, and nothing is recovered on death.
إذا عدل أي من الخاطب أو المخطوبة عن الخطبة بسبب يعود إليه، فليس له الرجوع في الهدية التي قدمها. وللطرف الآخر أن يسترد منه ما قدمه من هدية إن كانت قائمة وإلا بمث
- Article 5
The article lets the suitor or his heirs recover what he handed over as dowry (mahr) if the contract is not concluded, with an option for the fiancée if she bought items with it for the marriage.
1- إذا عدل أي من الخاطب أو المخطوبة عن إبرام عقد الزواج أو مات قبل العقد، وكان الخاطب قد سلّم إلى مخطوبته قبل العقد مالاً على أنه من المهر، يحق للخاطب أو لورثته
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.