Prohibited Marriages in Saudi Arabia: What Expats Must Know

Overview: Permanent vs. Temporary Prohibitions

Saudi law divides marriage prohibitions into two categories:

• Permanent (absolute) prohibitions — these can never be overcome, regardless of circumstances.
• Temporary prohibitions — these apply in specific situations and may cease once the relevant circumstance changes.

Permanently Prohibited Marriages: Blood Relationships

Article 22 lists the women permanently forbidden to a man due to nasab (blood lineage):

1. Direct female ancestors, no matter how far up the lineage (mother, grandmother, great-grandmother, etc.)
2. Direct female descendants, no matter how far down (daughter, granddaughter, great-granddaughter, etc.)
3. Descendants of either parent, no matter how far down — this includes sisters, nieces, great-nieces, etc.
4. First-generation descendants of grandparents — paternal or maternal aunts.

In plain terms: A man may never marry his mother, grandmother, daughter, granddaughter, sister, niece, or aunt (father's or mother's sister). These prohibitions are absolute and permanent.

Permanently Prohibited Marriages: In-Law Relationships (Musahara)

Article 23 extends permanent prohibitions to women related by musahara (affinity through marriage). A man is permanently forbidden from marrying:

• The mothers of his wife (mother-in-law and her ancestors), even if the marriage to the wife was never consummated.
• The daughters of a wife he has consummated the marriage with (stepdaughters from that marriage).
• Any woman who was previously married to his direct male ancestor (his father's wife, grandfather's wife, etc.).
• Any woman who was previously married to his direct male descendant (his son's wife, grandson's wife, etc.).

Important rule in Article 23(2): Sexual intercourse outside of a valid marriage creates the same in-law prohibitions as a valid marriage. This means informal relationships can generate permanent legal barriers to future marriages.

Expat caution: If you were previously in a relationship with someone — even outside of marriage — Saudi law may treat certain relatives of that person as permanently prohibited to you. Take legal advice if you are uncertain.

Permanent Prohibition: Li'an

Article 24 provides that a man is permanently forbidden from marrying a woman he has accused of adultery through the li'an process (a formal oath-based judicial procedure), even if he later retracts his accusation.

Prohibitions Due to Breastfeeding (Rada'a)

Article 25 creates the same prohibitions through breastfeeding as exist through blood lineage — but only when two strict conditions are both met:

1. The breastfeeding occurred within the first two years of the child's life.
2. The child received at least five certain, separate feeding sessions (even if close together in time).

If both conditions are met, the woman who breastfed the child is treated as a mother in law, and her daughters as sisters — creating permanent marriage bars equivalent to those of blood relations.

Expat note: In some family and cultural contexts in the region, breastfeeding relationships may exist that families are aware of but did not formally record. If there is any possibility of a breastfeeding relationship, investigate carefully before proceeding with a marriage.

Temporarily Prohibited Marriages

Article 26 lists situations where marriage is temporarily forbidden — meaning it becomes permissible once the relevant condition ends:

1. Marrying a woman in 'idda (waiting period) from another man — a man cannot marry a woman who is still in her post-divorce or post-death waiting period from a previous marriage.
2. Re-marrying a woman he has given triple divorce (talaq) — after three divorces, the man cannot remarry her unless she has been validly married to and then divorced from another man (and this must occur naturally, not as an arrangement).
3. Exceeding the limit of four wives — a Muslim man may not simultaneously have more than four wives. This restriction also applies where one of the four is in a revocable or irrevocable divorce waiting period.
4. Marrying two sisters simultaneously — a man cannot be married to two sisters at the same time, or similarly to a woman and her paternal or maternal aunt simultaneously.

Types of Invalid Marriage

Article 30 classifies marriages that fail to meet legal requirements as either:

• Void (batil): A marriage that is fundamentally defective from the outset — such as one involving a permanently prohibited relative. It has no legal effect whatsoever.
• Fasid (irregular/voidable): A marriage with a lesser defect that may produce some limited legal consequences while remaining subject to annulment.

Practical Advice for Expats

• If you are on a second marriage: Confirm your former wife's idda period has fully expired before any new marriage documentation is attempted.
• In blended or extended families: Carefully map relationships before proceeding — Saudi courts apply these rules strictly.
• Non-Muslims: Article 8(3) confirms that non-Muslim marriages are documented through a separate authority, but the general prohibition framework still applies where Islamic law governs the parties.
• Always consult a qualified Saudi lawyer if any doubt exists about prohibited relationships — entering a void marriage can carry serious legal and immigration consequences.