المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Personal Status

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 986 available principles

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  1. ن – التفريق للضرر

    Principle 565An action for divorce on grounds of harm. The court may attempt reconciliation between the spouses. Impossibility of this. Consequence. Appointment of two arbitrators from the spouses' families. Agreement of the two arbiPersonal Status · Source page ٤٢٦
  2. Principle 566Assessment of the reasons for separation and the party at fault. A question of fact. The court of merits has sole discretion to assess it. Example.Personal Status · Source page ٤٢٧
  3. Principle 567Separation on grounds of harm. Its meaning: either spouse being harmed by remaining in the marriage, whether for a material cause, in word or deed, or for another cause of discord, such as aversion and intense hatred, evPersonal Status · Source page ٤٢٧
  4. Principle 568Testimony of an ascendant for his descendant and of a descendant for his ascendant. Its inadmissibility. The reason: the witness must be free of suspicion of bias. Testimony of other relatives for one another. AdmissiblePersonal Status · Source page ٤٢٧
  5. Principle 570Assessment of maintenance of its various types, the financial means of the person obligated to pay it, and the extent of the wife's consent to divorce. A factual matter within the authority of the court of merits. An exaPersonal Status · Source page ٤٢٧
  6. Principle 571Dissolution of a valid marriage after consummation. Effect thereof. The wife's entitlement to consolatory maintenance. Exception. Separation on grounds of harm where caused by the wife, and divorce with her consent. ArtiPersonal Status · Source page ٤٢٧
  7. Principle 572One spouse harming the other by word or deed. Its implication. Each has the right to request separation. The court's failure to reconcile them. Its effect: appointment of 2 arbitrators. Their disagreement. The court may Personal Status · Source page ٤٢٨
  8. Principle 573Divorce on grounds of harm effected by the judge through a final judgment. An irrevocable divorce. Its implication: the wife may not be taken back, even during her waiting period. Its effect: she may not be obligated to Personal Status · Source page ٤٢٨
  9. Principle 574The court hearing the divorce action. Its right to order separation without referring the dispute to 2 arbitrators. The condition: conclusive proof of the occurrence of harm. The reason: avoiding futile prolongation of tPersonal Status · Source page ٤٢٨
  10. Principle 575One spouse's mistreatment of the other in marital life. Its implication: a judicial divorce may be sought. The condition for this. Separation between the parties must continue for at least three consecutive years withoutPersonal Status · Source page ٤٢٨
  11. Principle 576The judge’s authority to decree divorce under the Ja‘fari school. Condition for its existence: the husband’s disobedience of the Sharia judge’s order to live with the wife honorably or release her graciously. - Ruling toPersonal Status · Source page ٤٢٩
  12. Principle 577Conclusive establishment of the occurrence of harm. Sufficient for the court to decree divorce. Referral of the dispute to 2 arbitrators. Its condition: failure to establish harm or inability to demonstrate it, with the Personal Status · Source page ٤٢٩
  13. Principle 579The court hearing the divorce action. Its right to decree separation whenever the occurrence of this harm is conclusively established before it. Reason for this. Avoiding prolongation of litigation. Implication. AppointmPersonal Status · Source page ٤٣٠
  14. Principle 580The court must exert its utmost effort to reconcile the spouses before granting divorce for harm. Offering reconciliation before the court of first instance and its rejection by either spouse suffices to establish its faPersonal Status · Source page ٤٣٠

  15. ه: التفريق لحبس الزوج

    Principle 581Divorce on grounds of harm pronounced by the judge. An irrevocable divorce. It terminates the marriage immediately. Its effect. The divorcing husband may not lawfully enjoy intimacy with his divorced wife and has no powePersonal Status · Source page ٤٣٠

  16. آثارها في الزوجية

    Principle 585Assessing the data, drawing circumstantial inferences, assessing witnesses’ statements, and adopting what is deemed reliable. Within the authority of the judge of merits whenever the inference is sound and does not contrPersonal Status · Source page ٤٣٢
  17. Principle 587The presumption is that no taking back has occurred. - Whoever relies on what is established originally, apparently or presumptively does not bear the burden of proof; rather, it lies on whoever alleges the contrary.Personal Status · Source page ٤٣٢
  18. Principle 588The requisite complement of witnesses for proving verbal resumption of marriage. Two men or one man and two women. The Personal Status Law contains no rule on proof of resumption by conduct. Its implication. Recourse to Personal Status · Source page ٤٣٢
  19. Principle 589The husband may take back his revocably divorced wife by words or deeds, by his sole will. The condition for this. Her being within the waiting period. Its implication. This right is not extinguished by waiver. The reasoPersonal Status · Source page ٤٣٣

  20. العدة

    Principle 591The husband may take back his revocably divorced wife by word or act of his own volition. Condition for this. Her being within the waiting period. This right is not extinguished by waiver. Articles 149, 150 of Law 51/198Personal Status · Source page ٤٣٣
  21. Principle 592A revocably divorced woman. Her status is that of a wife. The effect thereof. Her entitlement to maintenance, and what applies to a wife applies to her until her waiting period expires.Personal Status · Source page ٤٣٤
  22. Principle 593Assessment of information, drawing inferences, assessing witness statements and accepting what is found trustworthy. Within the authority of the judge of merits whenever his inference is reasonable and does not contradicPersonal Status · Source page ٤٣٤
  23. Principle 595Maintenance during the waiting period. Entitlement thereto from the date it becomes due. It is extinguished only by payment or release. The rule in Article 78 of the Personal Status Law precluding the hearing of an actioPersonal Status · Source page ٤٣٤
  24. Principle 596The waiting period of a nonpregnant woman in cases other than death. It expires after three menstrual periods or a period of one year. - The waiting period of a woman whose waiting period is calculated by cycles under thPersonal Status · Source page ٤٣٤
  25. Principle 598The divorced woman required to remain in the matrimonial home during the waiting period. The person intended thereby. She whose divorce occurred while she was present in that home.Personal Status · Source page ٤٣٥
  26. Principle 599The husband may take back his revocably divorced wife by word or deed solely of his own will. The condition for this. That she is within the waiting period. Its implication. This right is not extinguished by waiver. The Personal Status · Source page ٤٣٥

  27. – نفقة العدة

    Principle 601The divorced woman obliged to remain in the matrimonial home during her waiting period is the woman revocably divorced while present in the matrimonial home, not one divorced after leaving it. Article 61 of Law 51 of 198Personal Status · Source page ٤٣٥
  28. Principle 602The trial court’s obligation to adhere to the requests presented by the litigants in the action does not prevent it from adjudicating what necessarily and factually falls within the scope of those requests. A claim for mPersonal Status · Source page ٤٣٦
  29. Principle 605Maintenance is obligatory for a woman observing a waiting period following divorce, annulment, consummation of an irregular marriage, or intercourse under a mistaken belief of lawfulness. It is extinguished only by paymePersonal Status · Source page ٤٣٦
  30. Principle 608The spouses being of different nationalities and neither being Kuwaiti. Consequence. The law of the husband's nationality applies to matrimonial disputes, including maintenance and the waiting period. Example concerning Personal Status · Source page ٤٣٦
  31. Principle 609Dissolution of a valid marriage. Its effect. The wife's entitlement to waiting-period maintenance. The standard for its assessment. The waiting period is obligatory following separation, whatever its cause. Its implicatiPersonal Status · Source page ٤٣٧
  32. Principle 610A woman observing the waiting period following a revocable divorce. Obligation to spend her waiting period in the matrimonial home. The exception. In a case of necessity, her relocation to the home designated by the judgPersonal Status · Source page ٤٣٧
  33. Principle 611Waiting-period maintenance in the Hanbali school is not due to an irrevocably divorced woman unless she is pregnant. The basis thereof.Personal Status · Source page ٤٣٧
  34. Principle 612The husband may take back his revocably divorced wife by words or deeds, by his sole will. The condition for this. Her being within the waiting period. Its implication. This right is not extinguished by waiver. The reasoPersonal Status · Source page ٤٣٧
  35. Principle 613The spouses' financial rights where separation on grounds of harm is sought. The criterion for determining them is mistreatment by either of the other, mutual mistreatment between them, or inability to identify which of Personal Status · Source page ٤٣٧
  36. Principle 614The entitlement to maintenance of a woman observing a waiting period following divorce, annulment, consummation of an irregular marriage or intercourse under a mistaken belief of lawfulness is extinguished only by paymenPersonal Status · Source page ٤٣٨
  37. Principle 615A revocably divorced woman must observe her waiting period in the matrimonial home. Her departure from it with a lawful justification is not considered marital disobedience extinguishing waiting-period maintenance. ArticPersonal Status · Source page ٤٣٨

  38. – نفقة المتعة

    Principle 617The waiting period. Its nature and conditions. - Divorce before consummation or private seclusion. Does not require a waiting period. The effect thereof. The divorced woman is not entitled to waiting-period maintenance. Personal Status · Source page ٤٣٨
  39. Principle 618Entitlement to consolatory maintenance. Its basis is divorce occurring without the wife's consent or for a cause not attributable to her. Assessment thereof. Within the authority of the court of fact, provided it is reasPersonal Status · Source page ٤٣٨
  40. Principle 620Consolatory compensation is compensation due to separation after consummation and following expiry of the waiting period. Law 51/1984. - Consolatory compensation under the school of Malik applicable before Law 51/1984 enPersonal Status · Source page ٤٣٩
  41. Principle 621Separation on grounds of harm precluding entitlement to consolatory compensation is separation by judicial judgment which is upon it and whose procedures and conditions for judgment were regulated in Articles 126 to 135 Personal Status · Source page ٤٣٩
  42. Principle 622Consolatory maintenance is due from the end of the waiting period. The manner of its calculation and payment. Law 51/1984. Assessment of consolatory maintenance concerns the merits.Personal Status · Source page ٤٣٩
  43. Principle 623The consolatory payment due to a divorced woman and the time at which it becomes due. - The criterion for assessing and paying the consolatory payment. Its calculation with the basis of the monthly maintenance amount perPersonal Status · Source page ٤٣٩
  44. Principle 624The divorced woman's request for judicial divorce does not preclude her entitlement to consolatory compensation. The condition for this. That the divorce was not for a cause attributable to her. - Assessment of whether oPersonal Status · Source page
  45. Principle 625The principle of non-retroactivity of laws. Its implication. Exception. The provisions of the new law relating to public policy. Example concerning the non-application of the Personal Status Law, insofar as it contains aPersonal Status · Source page
  46. Principle 626The consolatory compensation to which a divorced woman is entitled and the time at which it becomes due. - The criterion, assessment, and payment of consolatory compensation. Its calculation with the basis of the amount Personal Status · Source page
  47. Principle 627The wife's entitlement to consolatory maintenance. Its criterion. - Assessment of whether or not the wife consented to divorce. A factual matter within the trial court's authority. - The exceptional cases in which the wiPersonal Status · Source page
  48. Principle 628Assessment and payment of consolatory maintenance. The criterion for it. Calculation on the basis of the monthly maintenance amount at the time of entitlement. Condition for this. It must not exceed one year's maintenancPersonal Status · Source page
  49. Principle 629The divorced woman's lack of entitlement to consolatory maintenance. Its criterion. Her consent to divorce. - Assessment of the wife's consent to divorce. A factual matter assessed by the court of merits. The condition tPersonal Status · Source page
  50. Principle 630The husband’s effecting divorce by his unilateral will without the wife’s consent entitles her to consolatory compensation. The basis and reason for that. - Assessment of the existence or absence of consent to divorce. APersonal Status · Source page
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