Marriage Guardian (Wali) in Saudi Arabia?

Under the Saudi Personal Status Law (Royal Decree No. M/73 of 2022), a marriage guardian (wali) is a legally defined male relative who must provide the formal offer (ijab) in a marriage contract on behalf of the woman. Article 13 lists the wali's consent as one of the conditions for a valid marriage, alongside the agreement of both spouses and the presence of two witnesses.

Article 17 sets out the order of priority for who can serve as wali: first the father, then his appointed executor, then the paternal grandfather, then the woman's son, then her brothers, and so on through the male paternal line, ultimately reaching the judge if no eligible guardian is available. Article 18 specifies that a wali must be male, of sound mind, an adult, and of the same religion as the woman — if any condition is unmet, the right passes to the next guardian in line.

Importantly for expat women, the law provides court protections against guardian obstruction. Under Article 19, if a guardian is unreachable or cannot be notified, the court can transfer guardianship to the next eligible guardian upon the woman's request. Furthermore, under Article 20, if a guardian — even the father — unjustifiably prevents a woman from marrying a suitable man she has consented to, the court can step in and conduct the marriage itself. Expatriate Muslim women seeking to marry in Saudi Arabia should be aware of these rules and may wish to consult a Saudi family lawyer to understand how they apply to their specific situation.