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New law stipulates pre-18 marriage to have court nod
Published in The Saudi Gazette on 30 - 03 - 2020


Okaz/Saudi Gazette
RIYADH – Only a competent court will have the right to issue permission for the marriage of young men and women under the age of 18, according to the draft regulations for underage marriage approved recently by the Ministry of Justice.
Okaz/Saudi Gazette has learnt from well informed sources that this ends the jurisprudence of licensed marriage officials to endorse marriage contracts.
According to the sources, the competent court will work to ensure that several conditions are met before concluding the marriage contract, the first of which is that the request shall be submitted by the young man or woman or their legal guardians or mother of either of them.
There is another condition that the judge must ascertain the consent of the young man or woman through an explicit statement in front of him, in addition to listening to what their mothers have to say.
The conditions also include that the judge must ensure the full physical and mental growth of the would be bride and bridegroom through a medical report, and a psycho-socio report, approved by Ministry of Health, and Ministry of Human Resources and Social Development.
The report must also include a clarification about the extent of psychological and social parity between the proposed husband and wife.
The sources stressed that the regulations stipulate that the relevant authorities have to take necessary measures against any violations and will apply provisions of the Child Protection Law against the offender. It also grants the minor or any of his parents the right to file a case in the event of a dispute between the spouses or harm caused to either of them.
There is also a provision that these regulations are also applicable to Saudi young man in the event of his marriage with non-Saudi woman within the Kingdom.


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