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Saudi Ministry of Justice: Our Principles do Not Force Couples to Separate | ASHARQ AL-AWSAT English Archive 2005 -2017
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In a statement released today by the Adviser to and Spokesman for the Saudi Arabian Ministry of Justice HE Sheikh Mansur Al-Qifari, he stated that the judiciary system in the Kingdom of Saudi Arabia applies the principles of Islamic Law which brought the most just judgments and most advanced laws to maintain faith (religion), the soul, the mind, dignity and money in a way that balances the interests of the individual and society and prevents injustice and prejudice.

He declared that the most repulsive injustice that Sharia has strongly prohibited is a guardian’s refusal to allow his daughter to get married to a suitable man. This concept of refusal is known as “Adhl” in Arabic. Sheikh Mansur Al-Qifari added that the judiciary in the Kingdom considered “Adhl” as a valid and sufficient reason to withdraw a man’s right to decide who his ward marries. It is legally established by the Resolutions of the previous Permanent Panel of the Supreme Judicial Council and the decisions of the Supreme Court that suitability in marriage refers to faith but not to pedigree. However, people have the right to refuse to marry people whom they consider to be unsuitable in terms of lineage or any other reason.

The adviser’s statement came in response to comments on social media about a case under review by Al-Ayniyyah Court in which a preliminary judgement ordered a husband and wife to divorce. False information on the subject has been exploited by some to defame the kingdom’s justice system and its judiciary which is based on the principles of Islamic Law which brought justice and equality to people.

Invalidating legal marriage contracts issued after the consent of a woman and her guardian has been given e.g. a claim made by a brother or the like in spite of a woman and her father’s consent is regarded as “unacceptable” as mentioned in the Supreme Court resolution No( 3/3/8) dated 10/2/1431H. which states that: “The basis of contracts is validity, unless it contradicts a text in the Quran or the Prophet’s tradition(the sunnah). The marriage of a woman to a man who is unsuitable for her in terms of pedigree is not opposed by the holy Quran or the Prophet’s tradition. The marriage is fundamentally valid but each case has its own circumstances.”

As illustrated above, judicial resolutions and principles do not order married couples to divorce on the basis of unsuitable lineage. However, suitability with regards to religion is a requirement according to the holy Quran and the prophetic tradition. However, each case has its own circumstances which may not have been revealed by either party to the media.