Rights of a divorced person under guardianship in Saudi Arabia

The rights of a divorced woman under guardianship in Saudi Arabia are the rights of a divorced woman and a guardian in Islam, because the personal status laws in the Kingdom of Saudi Arabia derive their provisions from Islamic law, and Islam is that religion. They are particularly fond of the rights of divorced and custodial women, and in this article we touch on those rights that the Saudi legislator has granted to both divorced and custodial women, which we will learn about in our article. Via the Egypt Brief website.

Therefore, we will find out what are the rights and conditions for obtaining alimony for foreign divorced women in the Kingdom of Saudi Arabia.

Saudi law protects the rights and protection of divorced women

The basic principle in Islam is stability and divorce as an exception. Islam has done everything in its power to ensure the continuity and stability of married life. In many places, Islamic law has tried to reconcile spouses with the conditions stated in the Book of St. Loved one. .

There is no doubt that the Saudi legislator has borrowed personal status laws from the provisions of Islam, including the conditions for marriage and divorce, and spouses resort to the option of divorce when it is impossible to have sexual relations and perpetuate this marriage.

Undoubtedly, Islam calls for stability in married life and approves all procedures that ensure the continuation of marriage, except that sometimes spouses resort to separation and divorce when marriage is impossible, but Islam is absolute and accepted. In the Kingdom of Saudi Arabia, as far as the Saudi legislator is concerned, he has affirmed many central rights.

The most important rights of divorced women in Saudi Arabia

The following are some of the most important rights of divorced women in the Kingdom of Saudi Arabia, which are guaranteed by Saudi legislation to women who have the right to final divorce from their husbands:

  • A divorce document or a document that proves the divorce and enables her to exercise her financial rights and the right to care for the child is a document that is not delivered to a divorced woman by hand or outside. The hands of the agent or legally responsible according to Circular no. 26/8 / T of 27/2/1410 AH.
  • An action by a wife whose marriage has ended for any reason is one of the causes of annulment starting from the date of annulment and not from the beginning of the date of ratification by the Supreme Court to provide for the duration of the period. The waiting period is according to the circular of the Ministry of Justice dated 8/2/1412 HI and no. 8 / T / 25.
  • Request for review of the spouse’s marital status in case of divorce or dissolution of marriage in order to notify the Social Affairs Service of all events related to personal status related to marriage, divorce and return, and deletion of the spouse’s name from family records and books. In accordance with circular no. 12 / T / 127 dated 3/11/1412 Hijri year.

Here you can read about the rights of divorced women in Saudi Arabia and the number of divorces in Islam.

Rights of divorced women by adoption in Saudi Arabia

In case the divorced person is the guardian of the husband, Saudi law protects the rights of the divorced woman with guardianship and protects her special and necessary rights from her husband or divorce:

  • Implementation of provisions and laws related to the care of an authorized child or handover of the child to the mother and other rights and issues related to adoption, even if the implementation of the provisions requires the intervention of the competent authority and law enforcement.
  • The application of guardianship laws does not require judicial decisions at all, since these are decisions and judgments derived from them and from the legislature, and they do not need a judicial platform to guide these laws and the police to enforce them, and it is not allowed to resort to force after they have been exhausted. calm and friendly means.
  • Among the rights of a divorced woman arrested in Saudi Arabia is the custody of her children and the right to request alimony during custody, which is assessed and approved by the court.
  • A divorced mother who has custody is entitled to expenses and grants from official associations or non-governmental organizations connected to the Ministry of Solidarity, which are fixed monthly grants or awards that guarantee a decent life for that family without breadwinners.
  • In 2017, the Council of Ministers of the Kingdom of Saudi Arabia made effective decisions to establish a child support fund for divorced women, especially women and children, to ensure that divorced women who have guardians live in peace and dignity. They adopt in order not to be exposed to need and poverty, and this is what the Saudi Ministry of Justice tried to propose to the Council of Ministers, which unanimously approved the establishment of this fund.
  • The Spending Fund for Divorced Women and Children has the status of an independent legal entity, and has its own independent budget, and is one of the largest users of this fund’s funds, especially court orders for alimony, but the decision was suspended for legal reasons or because the divorced person could not spend.
  • The legislator gave divorced women the right to obtain documents and documents containing family records and information for all children, which facilitates access to government and government departments and other official places that require these documents and documents. Payment of membership fees, necessary expenses and assistance.

Laws guaranteeing absolute rights recently adopted by the government

The state, represented by the Ministry of Justice and the Prime Minister, does not stop giving the Prime Minister approval for projects to protect the rights of divorced women through adoption, and among the most important of these laws in the past few years, which have recently been passed, are:

  • The Saudi Ministry of Justice has organized special centers and places equipped to implement provisions related to detention, vision and visits in synergy with the third sector as a temporary solution or an alternative to the police station, which is not suitable for parents. Visit your children so that their psyche does not suffer.
  • The Ministry of Justice wanted to reduce the burden on the detained divorced woman so that she could in any case collect her obligations without bringing a lawyer or a guardian, but the Ministry was satisfied with only checking the identity of the detained divorced woman. by her nationality. Fingerprint identification card in cooperation with the National Data and Information Center.
  • A Saudi lawmaker has confirmed that a divorced woman detained in the Kingdom of Saudi Arabia has custody of her child, making it easier for her and government agencies to review her rights and financial obligations.
  • Divorced women can obtain passports and identity documents for their detained children without the need for their father or husband to bring a guardian, which greatly facilitates the procedures and lives of detained divorced women.
  • Providing evidence of child custody to a divorced mother without the need to initiate court custody proceedings, except in cases of disputes and family disputes.
  • The Ministry of Justice tried to mobilize all the offices around the termination of the reconciliation of the spouses and the resolution of family problems in order to provide the children with an ideal family environment or at least quietly end the problems and married life.
  • The Saudi legislator has given the right to confiscate the husband’s salary if he refuses to pay his wife and children who are sentenced to alimony, and in this case. Unpaid expenses pile up and the husband refuses to pay his wife’s debt, giving the arbitrator the right to seize the husband’s money and pay his expenses.
  • Judicial laws provide that a divorced woman who does not have a guardian or is in custody has the right to marry outside the official working hours of her guardianship.
  • Saudi law prohibits and even criminalizes adultery, which means forcing a woman to marry someone she does not want, and this gives her full right to choose a suitable husband, her competence, educational, cultural and financial level.

Here you will find: the husband’s rights after divorce, and the divorced woman’s rights to dowry and alimony

When does a divorced person lose custody?

The right to care for a divorced woman ends in some cases determined by law:

  • When the divorced woman in custody offered herself to a stranger.
  • When he fell ill with an infectious disease, he threatened the life of a detained child.
  • Or when he suffers from a chronic, incurable disease that makes it impossible for him to move, and then to take care of the child.

As a result, we have detailed everything about the rights of a divorced woman detained in the Kingdom of Saudi Arabia and what the Saudi law prescribes in this regard, and to what extent the Saudi legislator is willing to do justice and fulfill a divorced woman in custody. To set forth all his rights and contents, without prejudice to himself, and even all the possibilities and possibilities by which he will complete his life and choose his wife or reside with his guardian and other things prescribed by the laws of the Kingdom.

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