Article 79 of the Saudi Personal Status Law
المادة 79 من نظام الأحوال الشخصية · الفصل الثاني: الطلاق
Divorce takes effect by speech or by writing, and when unable to do either, by an understood gesture.
Official text (Arabic)
This article has not been amended since the law was issued.
يقع الطلاق بالنطق أو بالكتابة، وعند العجز عنهما فبالإشارة المفهومة.
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 79 explained in plain English
This article sets out the means by which divorce takes effect, that is, the way in which the husband expresses his will to divorce:
- Speech: the husband pronounces the word of divorce.
- Writing: the husband writes the divorce, so writing takes the place of speech.
- An understood gesture: this is a fallback means resorted to only when unable to do both speech and writing, such as a person who can neither speak nor write, and it is required that the gesture be understood to indicate divorce.
This article works with Article 78, which sets out the two types of words indicating divorce, explicit and implicit; speech or writing may be by explicit words or implicit words, and implicit words are not a divorce unless the husband intended divorce by them.
The article does not mention a particular means of writing, as it provides for writing generally. The taking effect of divorce also remains subject to the cases in which Article 80 provides that it does not take effect, such as divorce by a person who is not of sound mind or not acting voluntarily. Divorce must then be documented under Article 90. Anyone in doubt as to whether a divorce has taken effect would do well to consult a lawyer specializing in personal status matters.
Practical example
A husband wrote his wife a message saying "you are divorced" without pronouncing it. Writing is one of the means by which divorce takes effect under this article, subject to the cases in which divorce does not take effect in Article 80.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentA question about Article 79 of Personal Status Law?
Describe what happened and specialist lawyers answer. You can write in English.
- Completely free
- Lawyers from the directory answer
- Your name stays hidden
Family & Personal Status Law lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
Family & Personal Status Law lawyers
Lawyers who handle this kind of case
Nasser Al-Adhali Law Firm
Active contributor
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Active contributorFrequently asked questions about Article 79 of the Saudi Personal Status Law
Does divorce take effect by writing?
Yes, divorce takes effect by speech or by writing.
How does a person who can neither speak nor write divorce?
When unable to speak and write, divorce takes effect by an understood gesture.
Is a gesture enough for a person who can speak?
No, the article makes an understood gesture a means only when unable to speak and write.
More articles on Divorce
- Article 40
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.
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 الم
- Article 53
The article provides that maintenance is owed to a woman in her waiting period after a revocable divorce until the period ends, and not to one in her waiting period after an irrevocable divorce unless she is pregnant, in which case she is entitled until she gives birth.
1- تجب النفقة للمعتدة من طلاق رجعي إلى حين انتهاء عدتها. 2- لا تجب النفقة للمعتدة البائن إلا إذا كانت حاملاً، فلها النفقة حتى تضع حملها.
- Article 76
The article sets out the cases in which separation occurs between spouses: divorce, khul', annulment of the marriage contract, the death of either spouse, and li'an.
تحصل الفرقة بين الزوجين في أي من الحالات الآتية: 1- الطلاق. 2- الخُلع. 3- فسخ عقد الزواج. 4- وفاة أحد الزوجين. 5- اللعان بين الزوجين.
- Article 77
The article defines divorce as dissolution of the marriage contract by the husband's will by words indicating it.
الطلاق حل عقد الزواج بإرادة الزوج باللفظ الدال عليه.
- Article 78
The article divides the words indicating divorce into explicit words, being the word divorce and its derivatives, and implicit words, which could mean divorce or something else and take effect only if the husband intended divorce.
اللفظ الدال على الطلاق نوعان: 1- صريح، وهو لفظ الطلاق أو ما تصرف منه. 2- كناية، وهو اللفظ الذي يحتمل الطلاق وغيره إذا نوى به الزوج الطلاق.
- Article 80
Divorce does not take effect in these cases: by a person who is not of sound mind or not acting voluntarily, a person whose mind was lost by choice, a person in extreme anger, and divorce during menstruation, postnatal bleeding or a purity period with intercourse, if the husband knows.
لا يقع الطلاق في الحالات الآتية: 1- طلاق غير العاقل أو غير المختار. 2- طلاق من زال عقله اختياراً ولو بمُحَرَّم. 3- طلاق من اشتد غضبه حتى حال بينه وبين تحكمه في
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.