Article 87 of the Saudi Personal Status Law
المادة 87 من نظام الأحوال الشخصية · الفصل الثاني: الطلاق
A husband who has revocably divorced his wife may take her back until the waiting period ends, and he cannot lose this right by waiving it.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا طلق الزوج زوجته طلاقاً رجعيًّا فله مراجعتها ما لم تنته العدة، ولا يسقط حق المراجعة بالتنازل عنه.
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 87 explained in plain English
This article sets out the husband's right to take back his wife after a revocable divorce, which is a divorce that does not end the marriage contract until the waiting period (idda) expires, as under Article 85.
The article contains two rules:
- Period for taking her back: the husband may take his wife back as long as the waiting period has not ended. Once the waiting period ends, the marriage contract ends and taking her back by this route is no longer possible.
- The right is not lost by waiver: the right to take her back is not lost by waiving it. If the husband says he has given up his right to take his wife back, he keeps that right for as long as the waiting period continues.
This rule is limited to revocable divorce. An irrevocable divorce, such as the divorce that completes the three divorces or a divorce before consummation or private seclusion under Article 86, cannot be taken back; it requires a new contract on the conditions set out in Article 85.
Article 88 explains how taking her back is done: by an explicit statement, spoken or written, by an understandable gesture if the husband cannot speak or write, and intercourse during the waiting period counts as taking her back. Article 89 requires that taking her back be immediate, not conditional and not set for the future. This article does not fix the length of the waiting period, so the Law's provisions on the waiting period apply, and it is advisable to consult a lawyer specializing in personal status matters.
Practical example
A husband divorces his wife with a first, revocable divorce, then waives in writing his right to take her back. Before the waiting period ends, he wants to take her back. Under this article he keeps the right to take her back, because it is not lost by waiver, as long as the waiting period has not ended.
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 87 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 87 of the Saudi Personal Status Law
When can a husband take his wife back after a revocable divorce?
He may take her back as long as the waiting period has not ended.
Is the right to take her back lost if the husband waives it?
No. The right to take her back is not lost by waiving it.
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.