Article 40 of the Saudi Personal Status Law
المادة 40 من نظام الأحوال الشخصية · الفصل الثالث: أركان عقد الزواج وشروطه
The article provides that the dower is owed under a valid marriage contract, confirmed in full by consummation, seclusion or death, and that a woman divorced before consummation is entitled to half the named dower or a consolation gift.
Official text (Arabic)
This article has not been amended since the law was issued.
1- يجب المهر بموجب عقد الزواج الصحيح.
2- يتأكد المهر المسمَّى كاملاً -أو مهر المثل- بالدخول، أو الخلوة، أو وفاة أحد الزوجين.
3- تستحق المطلقة قبل الدخول نصف المهر إن كان المهر مسمى، وإلا فلها متعة لا تتجاوز نصف مهر المثل.
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 40 explained in plain English
Article 40 of the Personal Status Law explains when the dower is owed, when it is due in full, and what a woman divorced before consummation is entitled to. There are three rules:
1- The dower is owed: the dower is owed under a valid marriage contract, that is, as soon as it is validly concluded.
2- The dower is confirmed in full: the named dower in full, or the dower of equivalent women if none was named, is confirmed by one of three things:
- Consummation.
- Seclusion (khalwa).
- The death of either spouse.
3- A woman divorced before consummation:
- If the dower was named, she is entitled to half the dower.
- If it was not named, she is entitled to a consolation gift not exceeding half the dower of equivalent women.
It is understood from paragraph 2 that seclusion has the same ruling as consummation in confirming the dower in full, and that the death of either spouse, even before consummation, confirms the dower in full.
This article is linked to Article 41, which sets the cases where the dower of equivalent women is established: silence about naming a dower, its exclusion in the contract, or a defective named dower. It is also linked to Article 39, which sets when a deferred dower falls due.
The article does not set the amount of the consolation gift precisely; it only sets a ceiling for it, which is half the dower of equivalent women.
To confirm your specific situation, it is advisable to consult a lawyer specializing in personal status matters.
Practical example
Majid entered into a contract with his fiancée with a named dower of SAR 60,000, then divorced her before consummation or seclusion. Under Article 40 she is entitled to half the dower, that is, SAR 30,000. Had Majid died before consummation, the dower would have been confirmed in full for her.
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 40 of the Saudi Personal Status Law
When is the wife entitled to the full dower?
The named dower in full, or the dower of equivalent women, is confirmed by consummation, seclusion or the death of either spouse.
How much is a woman divorced before consummation entitled to?
She is entitled to half the dower if it was named; otherwise she is entitled to a consolation gift not exceeding half the dower of equivalent women.
Does seclusion make the full dower due?
Yes, Article 40 provides that the dower is confirmed in full by seclusion just as it is by consummation.
More articles on Dowry
- 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 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
- Article 7
The article defines seclusion (khalwa) as the spouses being alone in a place where no person of discernment is with them.
الخلوة -في سبيل تطبيق هذا النظام- هي انفراد الزوجين في مكان ليس عندهما من يميِّز.
- 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 36
The article defines the dower as the money a man pays to a woman by reason of the marriage contract.
المهر هو المال الذي يدفعه الرجل للمرأة بسبب عقد الزواج.
- Article 37
The article provides that anything that can be considered money can be a dower.
كلُّ ما صحَّ اعتباره مالاً صح أن يكون مهراً
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.