The new Personal Status Law in Saudi Arabia has introduced key reforms to family law. In this blog, Beata Polok and Zubair Abbasi outline how the reforms impact women and divorce law.

A new chapter for Saudi women in family law

One of the greatest contributions of Saudi Vision 2030 is the advancement of women’s economic participation. Women now comprise nearly 45% of all entrepreneurs and enter the job market across diverse sectors of the economy. To further promote women’s rights the government enacted the new Personal Status Law (PSL), which took effect on June 18th 2022 and brought landmark changes to family law by creating legal clarity and consistency in matters relating to marriage, divorce, maintenance, and child custody.

Among its many changes, the PSL introduced unprecedented protections for women by ending the practice of “secret divorce,” which allowed husbands to divorce their wives without informing them—a practice that could leave women in precarious legal and financial positions.

The end of secret divorce

Previously, it was possible to divorce one’s wife without even informing her, sometimes leaving women unaware of their being divorced for months or even years. This “secret divorce” led to situations where women would unknowingly lose legal protections, financial security, and even access to marital assets.

One of the key reforms concerning divorce is outlined in Article 83, which abolishes instant divorce (triple talaq). It establishes that multiple declarations of talaq will be considered as a single pronouncement, therefore preventing an automatic dissolution of the marriage.

To support the transparency and enforceability of divorce proceedings, the PSL requires the registration of divorce and resumption of marriage, which must occur within a specified timeframe following divorce initiation (Article 90). If a husband fails to register a divorce, the wife can claim compensation for any resulting delays, safeguarding her rights, and supporting her financial security. This requirement ensures that divorces are recognised by authorities and that the parties’ legal rights are preserved (Article 91).

These measures prevent situations where women are abruptly deprived of financial support and legal rights. After divorce initiation, the couple attends a mediation session. If reconciliation does not occur, the husband resumes the official divorce process and informs the wife through official channels. The shift to a transparent and accountable system aims to prevent abuses and enable women to protect their interests during the divorce process.

Codification and its broader implications on women’s rights

Before 2022, the Saudi legal system had no codified family law. Divorce cases were often decided by judges who interpreted Sharia independently based on their discretion. This often led to considerable variability in rulings, and the prolonged divorce process. Men could declare divorce independently, but women’s options for initiating divorce were limited. They could seek khul’ (a form of divorce initiated by the wife with compensation to the husband) but required either the husband’s consent or a judge’s intervention if consent was not granted. In cases where women pursued judicial intervention without providing financial compensation to their husbands, they had to present legitimate grounds—such as abuse or neglect—which led to long, costly, and often inconclusive legal battles. This lack of a structured family law resulted in unequal outcomes and made the process of divorce, particularly for women, unpredictable and often unfavorable.

The PSL’s codification marks a significant shift in Saudi family law, which had previously relied on judicial discretion rooted in individual interpretations of Sharia. By codifying laws around divorce and other family matters, Saudi Arabia seeks to limit judicial discretion, ensuring consistent outcomes and reducing the risk of arbitrary rulings that historically affected women disproportionately. In this context, the PSL has streamlined the legal processes for talaq (husband-initiated divorce), khul’ (wife-initiated divorce with compensation), mubar’at (divorce based on mutual consent) and tafreeq (fault-based judicial dissolution).

This codification enhances predictability and fairness, promoting equitable rulings that protect the rights of both spouses and align with international legal standards. The structured approach particularly benefits women, as their rights are more explicitly outlined, reducing the ambiguity that often led to unequal treatment under the traditional system.

The PSL details multiple pathways for divorce, each with specific procedural requirements:

Talaq (husband-initiated divorce): Talaq allows the husband to initiate divorce with explicit, intentional wording. This can be expressed verbally, in writing, or by clear signs if necessary. This structured approach clarifies a husband’s obligations, including timely registration with the Ministry of Justice, to ensure the legal recognition of divorce.

Khul’ (wife-initiated divorce with compensation): Khul’ allows a wife to initiate divorce with her husband’s consent, often by returning part or all of her dower (mahr). Khul’ under the PSL is categorised as a minor irrevocable divorce, meaning it does not count towards the three-talaq limit that would prevent remarriage between the same parties unless other conditions are met (Article 97).

Judicial Dissolution (Tafreeq): The court can dissolve a marriage based on specific grounds, such as spousal harm, financial neglect, or prolonged absence. This judicial dissolution option offers wives recourse to legal separation in cases where harm or neglect is proven, providing an alternative to traditional talaq or khul’.

Divorce and reconciliation: Trends post Personal Status Law

Saudi Arabia’s divorce rate peaked in recent years, with reports of as many as five divorces per hour in 2018. Factors contributing to this rise include economic pressures, evolving gender roles, and changing social norms. However, since the PSL’s enactment, there has been a gradual decline in divorce rates. This can be attributed to both the codification of family law and new governmental initiatives aimed at supporting marital stability.

Reconciliation programs: The recent reforms in Saudi Arabia’s divorce process have focused on promoting mediation through the Reconciliation Center, officially established under the Ministry of Justice as part of Vision 2030 framework. Originally launched in 2013, this system includes a dedicated platform, “Markaz Al-Mosalaha,” which aims to reduce the volume of cases seen in court by resolving disputes outside of litigation. The center provides specialised services for family and business mediation, assisting couples in reaching mutual agreements to preserve family stability, especially when children are involved. Notably, any divorcing couple with children must engage in at least one reconciliation session before proceeding with a divorce application. This effort aligns with the principles of Islamic law, which prioritise family unity and reconciliation wherever possible.

In 2023 alone, over 1.9 million clients utilised the reconciliation services for various family and business disputes, signaling the system’s significant impact. The use of a confidential mediation platform allows couples to settle disputes in an environment that respects privacy, addressing the cultural considerations around honor and family preservation that play a critical role in Saudi society. Gender dynamics are also taken into account to ensure both parties are equitably heard and respected in the mediation process. By addressing these unique cultural and religious aspects, the Reconciliation Center’s approach has become an alternative to court proceedings, helping to foster more amicable resolutions for couples.

In Saudi Arabia, multiple campaigns and initiatives have been launched to promote marital stability and family cohesion as part of a broader commitment to social development under Vision 2030. These initiatives are largely overseen by the Ministry of Human Resources and Social Development (HRSD) and other governmental entities.

Family guidance strategy: Introduced by HRSD, this strategy seeks to expand family counseling services, aiming to cover all regions and increase the number of licensed family counselors. With goals to train and license 4,000 family counseling practitioners by 2030, the strategy emphasises conflict resolution, family stability, and quality improvement in counseling practices.

Marriage facilitation programs: Financially backed by government support, these programs focus on reducing the costs associated with marriage, which has been identified as a barrier to marriage for many. The programs aim to provide financial assistance to lower marriage expenses, reducing the economic burden on couples and, in turn, fostering family stability by encouraging marriage at a younger age and supporting newlyweds.

The PSL represents a paradigm shift in Saudi family law, reinforcing protections for women and modernising traditional structures within an Islamic framework. By ending practices such as the secret divorce and codifying the Islamic principles of family law, the Kingdom has introduced mechanisms that strengthen transparency, ensure fairer outcomes, and recognise the equal agency of women in marital and familial decisions. Through these reforms and initiatives supporting marital stability, Saudi Arabia is actively reshaping the role of the family and the status of women, aiming to build a society where legal clarity and fairness contribute to the empowerment of all its members.

Photo by Jens Aber

Note: This article gives the views of the author, not the position of LSE Religion and Global Society nor the London School of Economics and Political Science.  

📨 Click here to sign up to the LSE Religion and Global Society newsletter.