Article 89 of the Saudi Personal Status Law
المادة 89 من نظام الأحوال الشخصية · الفصل الثاني: الطلاق
Taking a wife back is valid only if it is immediate: it may not be made conditional on something or set for the future.
Official text (Arabic)
This article has not been amended since the law was issued.
لا تصح المراجعة إلا منجزة، ولا يجوز تعليقها على شرط أو إضافتها إلى المستقبل.
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 89 explained in plain English
This article sets a condition for the validity of taking a wife back after a revocable divorce: it must be immediate, meaning it takes effect at once from the moment it is made.
As a result, taking her back is not valid in two cases:
- Making it conditional on something: for example, the husband says, "If you return to the house, I have taken you back." This is not valid because it depends on something that may or may not happen.
- Setting it for the future: for example, he says, "I take you back from the start of next month." This is also not valid because it is postponed to a later time.
Note the difference from the rule on divorce: Article 81 treats a divorce made conditional on doing or not doing something as taking effect in principle, with exceptions, whereas taking a wife back is not valid at all if it is conditional.
This article completes Articles 87 and 88: the first gives the right to take her back as long as the waiting period has not ended, and the second sets out the ways of doing so. A husband who made his taking her back conditional must take her back again, immediately, before the waiting period ends. For any question, it is advisable to consult a lawyer specializing in personal status matters.
Practical example
A husband says to his wife, whom he divorced revocably, "If your family apologizes, I have taken you back." This taking back is not valid because it is conditional on something. If he wants to take her back, he must do so immediately before the waiting period ends.
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 89 of the Saudi Personal Status Law
Is taking a wife back valid if it is conditional on something?
No. Taking her back is valid only if it is immediate, and it may not be made conditional on something.
Can taking a wife back be postponed to a later date?
No. Taking her back may not be set for the future.
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.