Marriage termination methods under Saudi law

Many people are confused about the legal classification of the marital relations termination methods, as Shariah and the Saudi system applied in the courts deal with this termination through three methods: Divorce, khula and annulment. In today’s article, we will briefly discuss the difference between each of these three.

We will start with the difference between divorce, khula and annulment of the marriage contract; where divorce means the termination of the marital relationship by the husband. As for khula, it is the woman’s request for divorce by paying financial compensation to the husband, and it is pronounced by saying (you are divorced for a compensation of such amount), and usually, it is documented by mutual consent or by a court ruling.

As for the annulment of the marriage contract, it is a decision to terminate the marital relationship through a judicial ruling without any compensation, where this termination is due to the damage that has been proven to one of the parties.

Also, it is worth noting that divorce takes place with the consent of the husband, while the annulment of marriage does not require the consent or approval of the husband, as the annulment is handled by the judge handling the case at the court.

Examples of some situations that entitle the annulment of the marriage contract is the lack of competence between the spouses in the event that certain specifications for this competence are clearly stipulated in the marriage contract, and if one of the spouses left Islam and does not return.

Some of the situations are related to financial competency if the husband is insolvent and unable to provide the basic needs to his family, and this situation will be considered if the wife requests the annulment of the contract.

Moreover, annulment can take place in case there was a defect in one of the spouses that prevents them from enjoying themselves, or requires the annulment of their marriage.

Furthermore, in the event of annulment of the marriage contract, the husband does not return to his wife like in the divorce situation, but a new marriage contract and a new dowry are also required for this return.

With regard to khula — khula in Islamic law is considered to have occurred with a divorce effect, where the parties are able to return as spouses with a new dowry and a new marriage contract as well.

• Dimah Talal Alsharif is a Saudi lawyer and legal consultant. Twitter: @dimah_alsharif