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12 August 2022

15 Muharram 1444

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Law No. 5 of 2014 on National Service

Law Summary Record Type: LawNumber: 5Date: 11/03/2014 Corresponding to 10/05/1435 HijriNumber of Articles: 50Status: In force

Official Gazette :Issue: 6Offcial Journal Issue Publication Date: 07/04/2014 Corresponding to 07/06/1435 HijriPage from: 3

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Chapter Four: Deferment of Active service

16 Article

1. Active service shall be deferred for a renewable one-year period for each of the following categories:

Being the only provider (breadwinner) for his parents or for his father, provided that the father is medically incapacitated or incapable of earning a living;
Being the only provider (breadwinner)for his mother, if she is widow or irrevocably divorced or if her husband is medically incapacitated or incapable of earning a living;
Being the only provider (breadwinner)for his brother or brothers who are incapable of earning or have not reached the age of eighteen, or for his sisters if they are unmarried;
A designee who, upon the resolution of the competent medical committee, is proven to suffer from a disability, handicap or illness which temporarily prevents him from active service, pursuant to the requirements of medical fitness applicable to service;
Being one of the two sons of his parents or a father or mother, if any of them has two sons of the age of conscription;
Being the provider (breadwinner) for the children of a captive or missing soldier until he returns or a verdict is issued confirming that he is missing;
A person whose only wife has died, has minor children, and did not marry another woman.

Where a person has been sentenced to a freedom-restricting sanction, active service shall be deferred for the duration of the execution of the sentence. The same shall apply to a person under provisional custody.
The cases of deferment specified in this Article shall be applied to a conscript during active service whenever he meets the conditions for deferment.

Active service shall be deferred for one renewable year for high school students and above, or their equivalent, within the State or abroad, until the completion of their studies according to the following conditions:

A student shall not be enrolled in night school or complete his studies by correspondence or affiliation;
He shall be a regular student and shall not have discontinued his study or been expelled therefrom;
The age categories shall not exceed the following:

Twenty-one years for secondary school study;
Twenty-five years for study at pre-university institutes after obtaining a secondary school certificate;
Twenty-eight years for study in universities.

Where a student attains the aforesaid maximum age during the school year, his conscription shall remain deferred until the end of that year.
In all cases, deferment shall be repealed in the event of his expulsion from secondary or university study.

18 Article

1. Upon a resolution of the Commander-in-Chief or his authorised representative, active service may be deferred for graduates of universities and institutes of higher education, for graduates of institutes below the university level after the high school certificate (HSC), and for students delegated to study at the State's or at their own expense, whether they are inside or outside the country, until the end of the study or the attainment of the age of thirty-three, whichever is sooner.

Active service may also be deferred for graduates of colleges and institutes if the nature of their study requires a period of training after obtaining the qualification, in accordance with the controls issued by a resolution of the Commander-in-Chief or his authorised representative.

19 Article

The Supreme Education Council (SEC) shall undertake annually to provide the Ministry with the following:

The names of students who are studying, who have suspended their enrolment, who have been expelled, and who have completed their studies;
The names of students in their final year of secondary school;
Any change in the status of the students referred to above.

20 Article

Upon a resolution of the Commander-in-Chief or his authorised representative, the service of a designee accompanying his wife to study abroad at the State's or her own expense may be deferred for two years, renewable for a maximum of four years, provided that the designee is not older than thirty-three years.

21 Article

Upon a resolution of the Commander-in-Chief or his authorised representative, the service of a designee who is a candidate for appointment to the organs of the State may be deferred for a period not exceeding one year or until the issuance of a resolution of appointment, whichever is earlier, provided that the designee has not reached thirty-three years of age.

22 Article

Upon the abatement of the reason for deferment prescribed in accordance with the provisions of this chapter, the person concerned shall submit himself to the Authority within thirty days from the date of such abatement.

23 Article

Upon a resolution of the Commander-in-Chief or his authorised representative, a single batch may be divided into several batches, and the recruitment of some batches may be deferred, in accordance with the requirements of the public interest.

24 Article

In case of war or general mobilization or a declaration of martial law, the deferment of active service may be annulled for some or all of the categories set forth in this chapter, upon a resolution of the Commander-in-Chief or his authorised representative.

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