Article 15 of the Saudi Prisons and Detention Law
المادة 15 من نظام السجن والتوقيف
A child stays with his imprisoned or detained mother until he is two years old, then is handed to his father or to the person entitled to custody under Sharia after the mother, or is placed in a child care institution if no one can support him.
Official text (Arabic)
This article has not been amended since the law was issued.
يبقى مع المسجونة أو الموقوفة طفلها حتى يبلغ من العمر سنتين فإذا لم ترغب في بقائه معها أو بلغ هذا السن سلم لأبيه أو لمن له حق حضانته شرعا بعد الأم.
فإن لم يكن للطفل أب أو أقارب يكفلونه أودع إحدى مؤسسات رعاية الأطفال ، على أن تخطر الأم بمكان إيداعه وتحدد اللائحة التنفيذية قواعد تيسير رؤية الأم للطفل في أوقات دورية.
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 15 explained in plain English
This article addresses the situation of a child whose mother is in prison or a detention facility:
The rule: the child stays with his mother
A female prisoner's or detainee's child stays with her until he reaches the age of two years.
When is he handed to someone other than the mother? In two cases:
- If the mother does not wish him to stay with her.
- If the child reaches two years of age.
In these two cases he is handed to his father, or to the person entitled to his custody under Sharia after the mother.
If there is no one to support him: if the child has no father or relatives who will support him, he is placed in one of the child care institutions, and the mother must be notified of where he has been placed.
The mother's seeing her child: the Implementing Regulations set the rules for facilitating the mother's seeing the child at regular times; the text itself does not state these rules.
The article does not specify who holds the right of custody after the mother, but refers to the Sharia ruling on that. It comes after Article (14), which requires a pregnant female prisoner or detainee to be transferred to the hospital as delivery approaches, and before Article (16) on the rules for employing prisoners and detainees.
For custody questions in a particular case, it is advisable to consult a lawyer who specializes in personal status cases.
Practical example
A female prisoner in a women's prison in Jeddah gave birth to a daughter and kept her with her. When the girl reached two years of age, she was handed to her father. Had she had no father or relatives to support her, she would have been placed in a child care institution, with the mother notified of where she was, and the mother's seeing her facilitated at regular times under the regulations.
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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Frequently asked questions about Article 15 of the Saudi Prisons and Detention Law
Until what age does a child stay with his mother in prison?
He stays with her until he reaches the age of two years.
To whom is a prisoner's child handed over?
To his father or to the person entitled to his custody under Sharia after the mother, if the mother does not wish him to stay with her or he reaches two years of age.
What if the child has no father or relatives?
He is placed in one of the child care institutions, and the mother is notified of where he has been placed.
Can a female prisoner see her child if he is placed in a care institution?
The mother is notified of where he is placed, and the Implementing Regulations set the rules for facilitating the mother's seeing the child at regular times.
More articles on Pregnant Prisoners and Their Children
- Article 13
A pregnant female prisoner or detainee receives special treatment in food and work from the appearance of pregnancy symptoms until forty days after delivery, in accordance with the Implementing Regulations.
تعامل المسجونة أو الموقوفة الحامل ابتداء من ظهور أعراض الحمل عليها معاملة طيبة خاصة من حيث الغذاء والتشغيل حتى تمضي مدة أربعين يوما على الوضع وذلك وفقا لما تقرر
- Article 14
A pregnant female prisoner or detainee is transferred to the hospital as delivery approaches and stays there until she delivers and the doctor permits her to leave.
تنقل الحامل المسجونة أو الموقوفة إلى المستشفى عند اقتراب الوضع وتبقى فيه حتى تضع حملها ويصرح لها الطبيب بالخروج منه.
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.