المسؤوليَّة الجنائيَّة عن التصديق الإلكتروني لعقد النكاح من غير الزوجين

Abstract

The marriage contract holds significant importance in both individual and societal contexts. Consequently, laws and regulations deem the unauthorized Certification of such contracts as forgery, subject to criminalization. However, the introduction of electronic certification, particularly in the Kingdom of Saudi Arabia through verification codes, prompts inquiries into the criminal liabilities pertaining to its validation by individuals other than the involved parties. The electronic certification of marriage contracts by non-spouses gives rise to three main scenarios: coercion into marriage, renunciation of marriage, and falsification of medical reports.
The study reveals that several legal provisions can criminalize the electronic validation of marriage contracts by non-spouses, resulting in multiple criminal charges. In such cases, the judiciary may resort to moral crime statutes and enforce the most stringent penalties, notwithstanding the considerable challenges posed by inconsistent judicial rulings.
To address these issues, the study recommends implementing biometric signature authentication for marriage contract ratification, amending the Personal Status Law to address legislative gaps, and explicitly stipulating the accountability of non-spouses involved in ratifying marriage contracts.