Family Court in the Kingdom of Saudi Arabia is part of the first-instance courts within the general judiciary in the Kingdom. They specialize in addressing all family issues, as specified by the Law of Procedure before Sharia Courts. All their judgments are subject to appeal, with the exception of those rendered in cases decided by the Supreme Judicial Council.
Cases addressed within family courts
According to Article Thirty-Three of the Law of Procedure before Sharia Courts, family courts specialize in addressing several cases. They encompass matters related to marriage, divorce, custody, endowment, wills, lineage, absence of the spouse, death, inheritance, estate division, marriage of women lacking a guardian, litigation arising from family issues, as well as litigation filed for the enforcement of penalties outlined in the law of the General Commission for the Guardianship of Trust Funds for Minors and their Counterparts.
Family courts are comprised of one or more tribunals, with the possibility of establishing specialized tribunals as required. Each tribunal has one or more judges, as determined by the Supreme Judicial Council. These family courts are dispersed throughout numerous cities and governorates within the Kingdom.
E-services for family courts
Family courts provide a number of e-services via the Najiz platform on the Ministry of Justice’s website. These services encompass the submission of applications, the handling of cases and termination requests, inquiries about case dates, and the ability to monitor case progress.
Children custody in family courts
On February 25, 2019, the Ministry of Justice initiated experimental efforts for child custody in the family court in Riyadh to establish a model environment focused on family, security, health, and recreation. This was part of a series of measures taken by the Ministry of Justice to safeguard the rights of children. These include an initiative to establish centers for implementing custody, visitation, and supervision judgments in collaboration with the non-profit sector, to replace police stations, thus positively impacting the psychological well-being of children during their court visits with their parents.
The issuance of the Family Law in Saudi Arabia
The Family Law was issued in the Kingdom on March 8, 2022. It is one of the four draft laws for the development of a specialized legislation system and the second to be issued. It was announced by His Royal Highness Prince Mohammed Bin Salman Bin Abdulaziz Al Saud, crown prince and prime minister, in 2021. It includes, in addition to the new Family Draft Law: the Evidence Draft Law, the Civil Transactions Draft Law, and the Draft Penal Code of Discretionary Sanctions.
The law established a minimum marriage age of eighteen years, implemented contemporary techniques for verifying lineage, ensured a woman's entitlement to alimony from her husband regardless of her economic circumstances, safeguarded the rights of children in custody, and prohibited any compromising during spousal separation.
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