Article 5 of the Saudi Personal Status Law
المادة 5 من نظام الأحوال الشخصية · الفصل الأول: الخطبة
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.
Official text (Arabic)
This article has not been amended since the law was issued.
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 الرجوع فيما سلم بعينه إن كان قائماً وإلا بمثله، أو بقيمته يوم القبض.
2- إذا كانت المخطوبة اشترت بالمهر أو بعضه لمصلحة الزواج -وفق ما جرى به العرف- وكان العدول من الخاطب بلا سبب من قبلها، أو كان العدول منها بسبب من الخاطب، فلها الخيار بين إعادة المهر أو تسليم ما اشترته بحاله.
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 5 explained in plain English
This article deals with the case where the suitor has handed his fiancée money as part of the dowry (mahr) before the marriage contract, and the contract is then not concluded, either through withdrawal by one of the parties or the death of one of them before the contract.
The general rule (paragraph 1): the suitor, or his heirs if he has died, may take back what he handed over:
- In kind, if it still exists.
- Otherwise its equivalent.
- Or its value on the day of receipt.
This rule applies whichever party withdrew, and also on death before the contract. This differs from the ruling on gifts in Article 4, which depends on who caused the withdrawal and under which nothing is recovered on death.
The exception (paragraph 2): if the fiancée bought with the dowry or part of it items for the benefit of the marriage as custom provides, and one of two things is established:
- that the withdrawal was by the suitor without any reason on her part, or
- that the withdrawal was by her for a reason attributable to the suitor,
then she has the option between returning the dowry or handing over what she bought as it is.
This article is followed by Article 6, which defines marriage as a contract with pillars and conditions that creates rights and duties between the spouses. Because determining the cause of withdrawal and what was bought for the benefit of the marriage may give rise to a dispute, it is advisable in a dispute to consult a lawyer specializing in personal status.
Practical example
Saad handed his fiancée in Dammam a sum of money as part of the dowry (mahr), and she bought furniture for the marital home with it as custom provides, and then Saad withdrew from the marriage without any reason on her part. She may choose between returning the sum or handing him the furniture as it is.
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 5 of the Saudi Personal Status Law
Does the dowry go back to the suitor if the marriage does not take place?
Yes. If the suitor handed over money as part of the dowry and the contract is then not concluded through withdrawal or death, he or his heirs may recover it in kind, its equivalent, or its value on the day of receipt.
What if the fiancée bought items for the marriage with the dowry?
If she bought for the benefit of the marriage as custom provides, and the withdrawal was by the suitor without a reason on her part or by her for a reason attributable to the suitor, she may choose between returning the dowry or handing over what she bought as it is.
Can the suitor's heirs claim the dowry if he dies before the contract?
Yes. The article provides for the right of the suitor or his heirs to take back what he handed over as dowry if he dies before the contract.
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 2
The article gives both the suitor and the fiancée the right to withdraw from the engagement.
لكل من الخاطب والمخطوبة العدول عن الخطبة.
- 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
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.