On 21 February 2025, Saudi Arabia’s Official Gazette (Umm Al-Qura) published the Implementing Regulations of the Personal Status Law, supplementing the Personal Status Law (PSL) codified in March 2022. The PSL governs personal and family matters, including marriage, divorce, guardianship, and custody. Approved by Crown Prince Mohammed bin Salman, this 41-article regulation aims to enhance legal clarity, family stability, and individual rights. By curtailing male guardianship regulations, restricting forced marriages, and strengthening women’s rights in divorce and custody, these new regulations build upon previous reforms. While these changes indicate an ongoing development of the Kingdom’s legal system, their practical impact remains to be assessed. Many provisions still rely on court discretion, raising questions about how they will be interpreted and implemented by the judiciary. The reforms align with Saudi Arabia’s Vision 2030 agenda of legal modernisation and women’s empowerment, yet questions persist concerning the degree to which they constitute a structural shift in gender relations versus a state-led approach to reform.
Redefining Guardianship
Saudi
Arabia’s longstanding male
guardianship system (Nizam Al-Wilayah) has historically limited women’s legal autonomy. Entrenched
in traditional conservative socio-cultural norms, this system vested male guardians with legal authority over the
personal decisions of the women in their family. While the codification of the
Personal Status Law in 2022 introduced
significant reforms and restrictions on this system, the guardian’s consent remained
required in multiple areas, including the woman’s
marital decisions and her divorce. Building on these reforms, certain
provisions under Saudi Arabia’s Implementing Regulations of the PSL entail further
limitations on male guardianship.
Articles 12-15 of the new PSL regulations address the matter of ‘Adhl
(unjust marital prevention). Traditionally, a woman’s guardianship was
automatically transferred from her previous guardian to her husband upon
marriage. Under these new regulations, if a male
guardian is proven negligent or unjust, Article 15 grants the woman the right
to seek the transfer of guardianship to a more eligible guardian. Additionally,
Article 12 allows the woman to seek the transfer of guardianship without the
need for a marital suitor present in court, or even in the absence of a
prospective suitor. These provisions streamline legal procedures, ensuring that
when an eligible suitor comes forward, he is not deterred by complex
guardianship proceedings. Furthermore, if the guardian’s ineligibility extends
to his other female dependents, Article 13 grants them the ability to request
his transferral as well.
However, one provision presents an internal contradiction. While the law recognises the guardian’s unjust actions by allowing his transferral, Article 14 allows him to oversee a marital contact, if the woman consents. This provision raises inquiries regarding its practical implications – why would a woman choose to involve an unjust guardian in her marital decisions, and why is he still afforded a role in this legal process? Some might argue that this is a cautious approach aimed at maintaining social continuity, while others might perceive it as the law’s hesitation to abolish the guardianship system. Moreover, considering ongoing dependence on judicial discretion, the degree to which these reforms will substantively enhance women’s legal autonomy is still unclear.
Expanding Legal Rights in Divorce and Custody
Beyond male guardianship reforms, the new Implementing
Regulations of the Personal Status Law introduce new provisions aimed at
enhancing legal rights and protections for women in matters of divorce. The
three permissible methods of divorce under Saudi family law include: talaq
(the husband’s unilateral tool for divorce), khul’ (the wife’s request for
divorce, contingent on her husband’s consent), and faskh (marital
termination by judicial decree).
Article 26 of the PSL’s implementing regulations affirms
that a wife’s right to request faskh and petition the court to annul her
marital contract does not lapse because of her omission in making the request
at an earlier stage. Moreover, Article 28 allows the judiciary to enact faskh
and dissolve the marital contract upon the wife’s request if she expresses an
inability to satisfy her marital obligations, in cases where the husband
refuses to grant her a divorce or khul’. However, the provision
asserts that the wife must return the mahr (dowry) received from her
husband in this case. Nonetheless, this regulation expands the judiciary’s
authority in marital termination, marking a significant departure from the
traditional dominance of the husband in such matters.
Saudi Arabia’s family law framework incorporates
Islamic teachings that emphasise the
reconciliation between spouses and mandate that the wife return her dowry to
her husband if she initiates a divorce or khul’. However, the newly
enacted PSL regulations introduce vital distinctions. Notably, Section 1 of
Article 30 stipulates that if arbitrators fail to reconcile the spouses and the
husband is solely at fault for the marital breakdown, they must recommend a separation
without requiring the wife to provide material compensation. Conversely,
Section 2 of the same article mandates that if the failure is attributed to the
wife, she must return her dowry. Even so, the first section of the article
provides women greater autonomy in seeking spousal separation by removing the
financial burden in cases where the husband is at fault.
Furthermore, while the 2022 PSL arguably lacked clarity in
defining a reasonable threshold for proving harm sufficient to terminate a
marital contract, the 2025 regulations provide additional methods to establish
harm. Article 27 considers testimony based on commonly acknowledged public reports
within the couple’s social sphere as an adequate means to prove harm, while
firmly rejecting such testimony for negating harm. This provision strengthens
the evidentiary framework for the court’s termination of abusive marital
relations, allowing the court to intervene and shield women from potential continued
abuse.
Finally, the PSL regulations introduce a new provision regarding child custody rights. Article 33 stipulates that if a child has not reached the age of two, custody remains with the mother, even if she remarries someone unrelated to the child. This regulation prioritises the child’s well-being by emphasising the mother’s role as the primary caregiver during infancy. The regulation further enhances legal clarity regarding the mother’s child custody rights.
Balancing Tradition and Modernisation
Although the PSL regulations introduce notable legal improvements, they equally reflect broader considerations regarding Saudi Arabia’s continuous legal modernisation. Scholars like Asifa Quraishi-Landes (2008) and Amira Sonbol (1996) have analysed how legal reforms in sharia-based legal systems often reflect evolving socio-political interests rather than priorities around legal pluralism or enhancing women’s rights. In Saudi Arabia, these reforms align with Vision 2030’s broader objectives, including economic diversification and legal clarity. While some have cautiously welcomed these changes as a step towards evolving women’s legal autonomy, others note that judicial discretion remains a central factor in their implementation. As the Kingdom’s legal system continues to evolve, further discourse on how these reforms shape Personal Status Laws in practice is crucial to understand their full impact on women’s rights.
Conclusion
The new legal rights and protections for women introduced under Saudi Arabia’s ‘Implementing Regulations of the Personal Status Law’ represents a continued effort to build upon the reforms introduced under the 2022 codification. By further restricting male guardianship involvement in women’s marital decisions and offering women expanded legal rights in divorce and custody, these regulations aim to enhance Saudi women’s legal protection and independence. Moreover, the reforms present a formalised set of regulations, which intends to improve legal clarity, in alignment with broader Vision 2030 goals of legal modernisation. While certain provisions under these reforms still rely on judicial prerogative, creating uncertainty for women under the PSL, their practical application must be seen in order to assess the degree to which they grant women stronger legal protection.
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