Article 86 of the Saudi Personal Status Law
المادة 86 من نظام الأحوال الشخصية · الفصل الثاني: الطلاق
Every divorce in a valid marriage is revocable, except a divorce completing the three, by which the woman is separated by a major irrevocable divorce, and a divorce before consummation or seclusion, by which she is separated by a minor irrevocable divorce.
Official text (Arabic)
This article has not been amended since the law was issued.
كل طلاق في زواج صحيح يعد طلاقاً رجعيًّا ما عدا
1- الطلاق المكمل للثلاث، تبين به المرأة بينونة كبرى.
2- الطلاق قبل الدخول أو الخلوة، تبين به المرأة بينونة صغرى.
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 86 explained in plain English
This article sets the rule by which the type of divorce is determined, complementing Article 85, which defined revocable and irrevocable divorce.
The general rule: every divorce in a valid marriage is considered a revocable divorce; that is, it does not end the marriage contract except when the waiting period ends, and the husband may take his wife back during it under Article 87.
The two exceptions:
- A divorce completing the three: that is, the third divorce, by which the woman is separated by a major irrevocable divorce, so she is not lawful for her divorcer except after she completes her waiting period from another husband who consummated a valid marriage with her, without intending to make her lawful again, as Article 85 provides.
- A divorce before consummation or seclusion: by which the woman is separated by a minor irrevocable divorce, so she is not lawful for her divorcer except by a new contract and dower, with the earlier divorces counted.
To understand when a divorce completes the three, regard should be had to Article 83, which provides that a divorce accompanied by a number in words or by gesture, or repeated in one session, takes effect as only one divorce. Saying "you are divorced by three" is therefore not in itself a divorce completing the three.
To determine the type of a particular divorce and its effects, it is advisable to consult a lawyer specializing in personal status matters.
Practical example
A husband divorced his wife twice at separate times and took her back each time, then divorced her a third time. This divorce completes the three, so the wife is separated from him by a major irrevocable divorce.
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 86 of the Saudi Personal Status Law
When is a divorce revocable?
Every divorce in a valid marriage is considered revocable, except a divorce completing the three and a divorce before consummation or seclusion.
What is the rule for divorce before consummation?
A woman divorced before consummation or seclusion is separated by a minor irrevocable divorce.
What is the rule for the third divorce?
A divorce completing the three separates the woman by a major irrevocable divorce.
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.