Article 41 of the Saudi Personal Status Law
المادة 41 من نظام الأحوال الشخصية · الفصل الثالث: أركان عقد الزواج وشروطه
The article sets out three cases in which a woman is entitled to the dower of equivalent women: silence about naming a dower, its exclusion in the contract, or a defective named dower.
Official text (Arabic)
This article has not been amended since the law was issued.
يثبت للمرأة مهر المثل في الأحوال الآتية:
1- السكوت عن تسمية المهر.
2- نفي المهر في عقد الزواج.
3- فساد المهر المسمى.
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 41 explained in plain English
Article 41 of the Personal Status Law sets out the cases in which a woman is entitled to the dower of equivalent women instead of the named dower. There are three cases:
- Silence about naming a dower: the contract is concluded without stating the amount of the dower.
- Exclusion of the dower in the marriage contract: the contract states that the woman has no dower. She is nevertheless entitled to the dower of equivalent women, so this exclusion does not extinguish her right.
- A defective named dower: a dower that is not valid is named in the contract. Article 37 provides that anything that can be considered money can be a dower.
This article is consistent with Article 40, which provides that the dower is owed under a valid marriage contract, and that the named dower in full or the dower of equivalent women is confirmed by consummation, seclusion or the death of either spouse. Paragraph (3) of Article 40 also provides that a woman divorced before consummation whose dower was not named is entitled to a consolation gift not exceeding half the dower of equivalent women.
The purpose of this article is that a valid marriage contract should not be left without a dower for the woman, even if it is not mentioned, is excluded, or the named dower is not valid.
The article does not explain how the dower of equivalent women is assessed or who assesses it.
To confirm your specific situation, it is advisable to consult a lawyer specializing in personal status matters.
Practical example
Saad married without any dower being mentioned in the contract, and then consummated the marriage. Under Articles 41 and 40, his wife is entitled to the dower of equivalent women, and it is confirmed in full by consummation.
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 41 of the Saudi Personal Status Law
When is a wife entitled to the dower of equivalent women?
In three cases: silence about naming a dower, exclusion of the dower in the marriage contract, or a defective named dower.
If the contract states that the wife has no dower, is her right lost?
No. Article 41 provides that excluding the dower in the marriage contract establishes the dower of equivalent women for the woman.
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.