Marriage annulment (faskh) in Saudi Arabia is a court ruling on grounds set by the Personal Status Law. Grounds, dowry, iddah and how to file on Najiz.
Short answer: Faskh is a separation ordered by a court. Under the Personal Status Law it is a minor irrevocable separation (bainunah sughra) and does not count as one of the three talaqs. It is available only on a ground the law lists, such as a defect, harm, non-payment of maintenance, absence, or breach of a written marriage condition, and is filed through Najiz.
If you are a wife whose husband does not provide maintenance, has been away for months or is causing you harm, or a husband who discovered a defect that was hidden before the contract, you may have heard of "faskh" and wondered whether it is a divorce, whether the dowry is returned, and whether a waiting period applies. This guide explains faskh as regulated by the Personal Status Law (Royal Decree M/73 dated 6/8/1443H), citing articles as published by the Bureau of Experts, then shows how to file through Najiz. To have a specialist review your situation, speak to a personal status lawyer at Kawkaba Law.
What is faskh, and is it a divorce?
Article 76 lists the ways a marriage ends: talaq, khula, faskh, the death of a spouse, and li'an. Faskh is therefore a separate route. Talaq is the dissolution of marriage by the husband's will (Article 77), while faskh is decided by the court. Article 103 of the Personal Status Law provides that every separation by court judgment is a faskh, is a minor irrevocable separation, and is not counted among the three talaqs.
In practice this means faskh is not a talaq, there is no revocation (raj'ah) after it, and the spouses can only remarry each other with a new contract and a new dowry (Article 85).
What are the grounds for faskh?
A wish to separate is not enough; the claim must rest on a ground in the law:
Breach of a written condition (Arts. 27–28): a condition gives a right of faskh only if it is written in the marriage contract or acknowledged by both spouses.
Harmful or repellent defect (Art. 104): either spouse may ask for faskh, unless they knew of the defect at the time of the contract or accepted it afterwards. The court may rely on experts.
Unpaid prompt dowry before consummation (Art. 106): after a court-set deadline of no more than 30 days. After consummation, the dowry remains a debt and is not a ground for faskh.
Non-maintenance or claimed insolvency (Art. 107).
Proven harm that makes married life impossible (Art. 108).
Ongoing discord (Arts. 109–111): two arbitrators are appointed for a period of up to 60 days; if reconciliation fails they recommend separation with or without compensation.
Wife's request before consummation (Art. 112): if the husband refuses talaq or khula, she returns the dowry received, and reconciliation fails.
Oath of abstinence or refusal of intimacy for more than four months (Art. 113).
Absence or disappearance (Arts. 114–115): absence of at least four months (unless for work), with a warning and a grace period of up to 180 days; for a missing husband, a court-set period of one to two years.
When is faskh with or without compensation?
The law sets compensation only in specific cases. Under Article 28, if the husband breached the condition, faskh is without compensation; if the wife breached it, compensation may not exceed the dowry. Under Article 111, arbitrators may recommend separation with or without compensation, and what the wife pays may never exceed the dowry. Under Article 112, a wife seeking faskh before consummation returns the dowry she received. The other grounds do not impose compensation on the wife in their text.
Is the dowry returned?
For faskh based on a defect, Article 105 sets four outcomes: a defect arising after consummation means the husband cannot recover the dowry; a pre-existing defect with faskh before consummation means he recovers what he paid and the deferred part falls away; a pre-existing defect in the husband with faskh after consummation means the wife keeps the dowry; and a pre-existing defect in the wife with faskh after consummation means she keeps the dowry, but the husband may claim it from whoever misled him.
Illustrative example: a husband discovers, before consummation, a pre-existing defect that was concealed. If proven and faskh is granted, he recovers the dowry paid under Article 105. Had the defect appeared after consummation, he would recover nothing.
Is there an iddah after faskh?
Yes, if the marriage was consummated or there was valid seclusion (Article 117). For faskh, the iddah starts from the date of the judgment, and the woman may remarry only after the iddah ends or the judgment becomes final, whichever is later (Article 118). The iddah is three menstrual cycles, or three months for a woman who does not menstruate (Article 121), and for a pregnant woman it ends with delivery (Article 120).
What does the court examine in a faskh case?
There is no official fixed list of "questions the judge asks". The law itself shows what the court must establish: proof of the ground (for example, proof of harm under Article 108), whether the claimant knew of or accepted a defect (Article 104), whether a condition was written (Article 27), whether the marriage was consummated (relevant to dowry and iddah), whether reconciliation was attempted (Articles 109–112), and whether a warning and grace period were given in absence cases (Article 114). Preparing well means organising your facts and documents: the marriage contract, proof of conditions, medical reports, and evidence of non-maintenance or absence.
How do you file a faskh claim on Najiz?
Claims are filed through the Statement of Claim service on Najiz, which covers several courts including personal status courts. Log in with Nafath, choose All E-Services, then the Judiciary package, open Statement of Claim, select the claim category, enter the claim and party details, attach documents and submit. Najiz notes that a court visit is needed only if you are asked by text message, and that the defendant's identity must be known. Our guide to writing a statement of claim can help.
Faskh vs khula vs talaq
Talaq is by the husband's will and counts toward the three talaqs. Khula is a separation at the wife's request with the husband's consent in return for compensation (Article 95), and can be done by mutual agreement without a court judgment (Article 96). Faskh is a court judgment on a legal ground. If the husband agrees, khula is usually quicker; if he refuses, faskh is the wife's route when a ground exists. See Khula in Saudi law.
Custody and maintenance after faskh
Faskh does not affect children's rights. Under Article 127, custody after separation goes to the mother, then the father, then the maternal grandmother, then the paternal grandmother, unless the court decides otherwise in the child's interest. The father must maintain a child without means (Article 58). See child custody after divorce. As faskh is irrevocable, the wife is not entitled to maintenance during the iddah unless she is pregnant (Article 53).
FAQ
Can one spouse obtain faskh alone?
Yes. Either spouse can file without the other's consent, but faskh happens only by court judgment on a legal ground.
Does the wife lose her dowry if she asks for faskh?
Not necessarily. It depends on the ground and timing: Article 105 for defects, Article 112 before consummation, Article 28 for breached conditions.
Can the spouses get back together?
Not by revocation, but they may remarry with a new contract and dowry, and the faskh does not count as a talaq.
Do I need a lawyer?
The law does not require one, and you can file yourself on Najiz. Choosing the right ground and preparing evidence, however, shapes the case.
Want your situation reviewed?
One of our licensed lawyers can review your facts and documents and explain whether a ground for faskh exists, whether khula fits better, and what to expect regarding dowry and iddah. We are based in Jeddah and serve clients across Saudi Arabia in person and remotely.
Request a case assessment
This article is general information, not legal advice for a specific case. Outcomes depend on the facts, documents and the court's assessment.
