Article 80 of the Saudi Personal Status Law
المادة 80 من نظام الأحوال الشخصية · الفصل الثاني: الطلاق
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.
Official text (Arabic)
This article has not been amended since the law was issued.
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 ألفاظه.
4- إذا كانت الزوجة في حال حيض، أو نفاس، أو طهر جامعها زوجها فيه، وكان الزوج يعلم بحالها.
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 80 explained in plain English
This article sets out the cases in which divorce does not take effect even if its words are pronounced by the husband. There are four:
- Divorce by a person who is not of sound mind or not acting voluntarily: such as divorce by a person who lacks reason, or one who was compelled to divorce.
- Divorce by a person whose mind was lost by choice, even through something prohibited: someone who deprived himself of his mind by his own choice, even if by something prohibited, his divorce does not take effect.
- Divorce by a person whose anger became intense to the point that anger came between him and control of his words. Not every anger is a bar, but only anger that makes him lose control over his speech.
- Divorce in certain states of the wife: if she is in menstruation, postnatal bleeding or a period of purity in which her husband had intercourse with her, provided that the husband knows her state. If he did not know her state, this exception does not apply.
This article is linked to Article 82, which is very important in practice: a challenge to the validity of the divorce is not accepted in these cases and in the cases of Article 81 once the divorce has been documented in accordance with the legal procedures. Anyone who believes his divorce took place in one of these cases should raise it before documentation.
Assessing the intensity of anger or the absence of choice are matters assessed by the court, so it is advisable to consult a lawyer specializing in personal status matters.
Practical example
A husband divorced his wife knowing that she was in her menstrual period. Under this article this divorce does not take effect, but if the divorce is documented in accordance with the legal procedures, a challenge to its validity is not accepted afterwards under Article 82.
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 80 of the Saudi Personal Status Law
Does the divorce of an angry person take effect?
The divorce of a person whose anger became so intense that it came between him and control of his words does not take effect.
Does divorce take effect while the wife is menstruating?
It does not take effect if the wife is in menstruation, postnatal bleeding or a period of purity in which her husband had intercourse with her, and the husband knows her state.
Does the divorce of an intoxicated person take effect?
The article provides that the divorce of a person whose mind was lost by choice, even through something prohibited, does not take effect.
Can divorce be challenged after documentation for these reasons?
No, under Article 82 a challenge to the validity of the divorce in these cases is not accepted once it has been documented in accordance with the legal procedures.
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 79
Divorce takes effect by speech or by writing, and when unable to do either, by an understood gesture.
يقع الطلاق بالنطق أو بالكتابة، وعند العجز عنهما فبالإشارة المفهومة.
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.