Article 251 of the Saudi Personal Status Law
المادة 251 من نظام الأحوال الشخصية · الباب الثامن: أحكام ختامية
Where the Personal Status Law has no provision, the provisions of Islamic Sharia most suitable to this Law's preferences apply.
Official text (Arabic)
This article has not been amended since the law was issued.
فيما لم يرد فيه نص في هذا النظام، تطبق أحكام الشريعة الإسلامية الأكثر ملاءمة لترجيحات هذا النظام.
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 251 explained in plain English
Article 251 deals with a case in which the judge or the person concerned finds no provision in the Personal Status Law governing the matter before them, and identifies the reference in that case.
The rule rests on two elements:
- When the article applies: in what has no provision in this Law. If there is a provision in the Law, the provision applies.
- What applies: the provisions of Islamic Sharia, not just any provision of it without limit, but the provisions most suitable to the preferences of this Law.
The meaning of the last restriction is that what is chosen from the provisions of Sharia to fill a gap should be consistent with the direction that the Law has preferred in its provisions, so that application remains in keeping with the spirit of the Law. The article does not specify a particular method for determining this suitability.
This article comes within the final provisions, after Article 250, which provides that the Minister of Justice prepares the regulations necessary for the Law and they are issued by order of the Prime Minister, and before Article 252, which sets the start of the Law's application after 90 days from the date of its publication, and repeals all provisions that conflict with it.
Because determining whether a matter is provided for in the Law, and what Sharia ruling is most suitable to its preferences, requires specialist consideration, it is advisable to consult a lawyer specializing in personal status cases.
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 251 of the Saudi Personal Status Law
What is the reference where the Personal Status Law has no provision?
The provisions of Islamic Sharia most suitable to the preferences of this Law apply, under Article 251.
Do the provisions of Sharia apply if there is a provision in the Law?
Article 251 concerns what has no provision in the Law; if there is a provision, it is the one that applies.
More articles on Final Provisions
- Article 246
Those responsible for enforcing the Personal Status Law must keep confidential the information they learn through their work, so as to protect the sanctity of the family and its secrets.
يلتزم المعنيون بإنفاذ أحكام هذا النظام بالمحافظة على سرية المعلومات التي اطلعوا عليها بحكم عملهم، وذلك بما يحفظ حرمة الأسرة وأسرارها.
- Article 247
The article adopts the Hijri calendar for calculating all the periods in the Personal Status Law.
يعتمد الحساب الهجري في المدد الواردة في هذا النظام.
- Article 248
The provisions of the Personal Status Law apply to all claims in which no final judgments had been issued before it came into force.
تسري أحكام هذا النظام على جميع الدعاوى التي لم يصدر في شأنها أحكام نهائية قبل نفاذه.
- Article 249
All judgments and decisions issued before the Personal Status Law came into force are considered valid under the provisions that were in force before it.
تعد كافة الأحكام والقرارات الصادرة قبل نفاذ هذا النظام صحيحة؛ وفقاً للأحكام المعمول بها قبل نفاذه.
- Article 250
The Minister of Justice prepares the regulations necessary for the Personal Status Law, and they are issued by order of the Prime Minister.
يعد وزير العدل اللوائح اللازمة لهذا النظام، وتصدر بأمر من رئيس مجلس الوزراء.
- Article 252
The Personal Status Law applies after 90 days from the date of its publication, and repeals all provisions that conflict with it.
يعمل بهذا النظام بعد مضي (تسعين) يوماً من تاريخ نشره، ويلغي كل ما يتعارض معه من أحكام.
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.