Article 3 of the Saudi Personal Status Law

This article sets the nature of what the engaged couple exchange during the engagement, an important matter because the ruling when the engagement ends differs depending on whether the thing is a gift or dowry (mahr).

The basic rule is that everything the suitor or the fiancée gives the other during the engagement is considered a gift. There are two exceptions in which what the suitor gave is considered part of the dowry:

1. The suitor states that what he gave is considered dowry.
2. Custom treats this type of thing given as part of the dowry.

Note that the exception relates to what the suitor gives; what the fiancée gives remains, as the rule, a gift.

The importance of this characterization appears in Article 4, which regulates the fate of gifts: a person who withdraws from the engagement for a reason attributable to him may not take back his gift, and the other party may recover his or her gift in kind, or its equivalent, or its value on the day it was received, unless it is something consumed by its nature, and nothing is recovered if the engagement ends by death or for a reason no one has a hand in. What is considered dowry is not subject to these rules on gifts and is regulated by other provisions of the Law. Note also that Article 2 gives each party the right to withdraw from the engagement.

In practice, a suitor who gives money as part of the dowry should state that clearly, so that what he gave is not treated as a gift. If a dispute arises over how to characterize what was given, it is advisable to consult a lawyer specializing in personal status.