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. – نفقة المتعة

    Principle 631Legislating divorce consolation compensation. The reason therefor. Exceptional cases in which divorce consolation compensation is not obligatory. Their nature. - Assessing the existence or absence of the wife’s consent tPersonal Status · Source page ٤٤٠
  2. Principle 633The legal fact giving rise to the right to deferred dower is marriage, and to waiting-period maintenance and consolatory compensation is divorce. Its implication. The legal cause of each is separate. Inclusion of both inPersonal Status · Source page ٤٤١
  3. Principle 634A revocably divorced woman. Her status is that of a wife as regards entitlement to maintenance until her waiting period expires. - The wife's consent to divorce. Effect thereof. Her lack of entitlement to consolatory maiPersonal Status · Source page ٤٤١
  4. Principle 635Consolatory compensation is assessed at no more than one year's maintenance according to the husband's circumstances, payable in monthly instalments after the expiry of the waiting period unless the parties agree otherwiPersonal Status · Source page ٤٤١
  5. Principle 637The Court of Appeal. Its right to hear the action and review the decision of the court of first instance within the limits of what has been appealed. An example concerning assessment of consolatory compensation. - 441 - Personal Status · Source page ٤٤١
  6. Principle 638A divorced woman's entitlement to consolatory compensation after consummation. Its condition. The divorce must not have occurred with her consent. Assessment of the existence of such consent is within the trial court's aPersonal Status · Source page ٤٤٢
  7. Principle 639The institution of consolatory maintenance. Its basis. The desolation caused by the husband to the woman from whom he has separated and consoling her. Cases in which consolatory maintenance is not obligatory. Their naturPersonal Status · Source page ٤٤٢
  8. Principle 642The rule is the divorced woman's entitlement to consolatory maintenance after consummation. Exception. The cases exhaustively specified by law, including separation for harm where the cause is attributable to the wife anPersonal Status · Source page ٤٤٢
  9. Principle 644Divorce consolation compensation in the Hanbali school is due only to a woman divorced before consummation without a dower having been stipulated for her. The basis thereof. Its consequence: a divorced woman for whom a dPersonal Status · Source page ٤٤٣
  10. Principle 645Consolatory compensation redresses the loneliness caused by the husband to the woman from whom he has separated and consoles her. Her consent to divorce bars her from consolatory compensation. Assessment of the existencePersonal Status · Source page ٤٤٣
  11. Principle 648The underlying basis for prescribing consolatory maintenance. Redressing the loneliness caused by the husband to the woman from whom he has separated and consoling her are part of the magnanimity required by Sharia. - 44Personal Status · Source page ٤٤٣

  12. النسب: (ثبوت النسب)

    Principle 650The ruling on consolatory compensation in the predominant opinion of the Maliki school is that it is recommended. Its implication. It is a commendable matter between a person and his Creator, for which he is religiously Personal Status · Source page ٤٤٤
  13. Principle 651The marriage contract. Its nature. - Valid conclusion of marriage. Its effect. Establishment of the marital relationship and binding the spouses by its rules from the time of the contract. - Establishment of parentage. APersonal Status · Source page ٤٤٥
  14. Principle 652A lineage action involving attribution of lineage to another person. It is heard if the claimant asserts a financial right therein, and that assertion is its primary purpose.Personal Status · Source page ٤٤٥
  15. Principle 654A condition of acknowledgment of parentage is that the person whose parentage is acknowledged be of unknown parentage and that there be no evidence that the acknowledging person is lying.Personal Status · Source page ٤٤٥
  16. Principle 655Lineage is established through the marital bed, and the minimum gestation period is six months. No regard is given to the divorced woman's acknowledgment that she is not pregnant. Reason for this. - 445 - Personal StatusPersonal Status · Source page ٤٤٥
  17. Principle 657The basis of children's inheritance is establishment of their lineage to the deceased. The basis of the wife's inheritance is establishment of her marriage to him and his death while she remained his wife. Means of proviPersonal Status · Source page ٤٤٦
  18. Principle 658A child’s lineage from his father is established by the marital bed, acknowledgment, and evidence. The marital bed. It is the subsisting marriage. A person who acknowledges a child’s lineage may not deny that lineage.Personal Status · Source page ٤٤٦
  19. Principle 660Lineage is established by the marital bed, acknowledgment, and evidence. The meaning of the marital bed, acknowledgment, and evidence. Under the school of Malik. Testimony based on hearsay. Permissible in establishing liPersonal Status · Source page ٤٤٦
  20. Principle 661Acknowledgment by an upright heir of another heir alongside him. Not considered, according to the school of Malik, an acknowledgment of lineage. Rather, it is considered testimony. The court of merits may assess it.Personal Status · Source page ٤٤٦
  21. Principle 667Acknowledgment of a child's lineage, namely acknowledgment of paternity, in the school of Imam Malik. May be made only by the father.Personal Status · Source page ٤٤٧
  22. Principle 668The father's acknowledgment of the child's filiation to him is evidence binding on him alone and does not establish the child's filiation to the mother.Personal Status · Source page ٤٤٧
  23. Principle 670An action denying lineage against a nonexistent person having no existence. Its inadmissibility. The reason for this.Personal Status · Source page ٤٤٧
  24. Principle 671A birth certificate is not authoritative proof establishing lineage but merely a rebuttable presumption.Personal Status · Source page ٤٤٧
  25. Principle 672An action to deny lineage. Hearing it from anyone other than the father, mother, or son. Impermissible unless a financial right is connected with it.Personal Status · Source page ٤٤٧
  26. Principle 673The meaning of acknowledgment of paternity. Under the school of Imam Malik. - Establishment of the newborn’s filiation to the woman who bore it by the fact of birth. The reason for that. - The father’s acknowledgment of Personal Status · Source page ٤٤٧
  27. Principle 674Applications concerning lineage and correction of names. They must be submitted to the committee formed to investigate these applications before being brought before the courts, as of the effective date of Law 1/1988. CoPersonal Status · Source page ٤٤٨
  28. Principle 676Grounds for establishing lineage. Mere reliance in this respect on the issuance of a passport. Does not indicate the existence of any of these grounds. - Denial of lineage by mutual imprecation.Personal Status · Source page ٤٤٨
  29. Principle 677Name-correction actions which the Personal Status Circuit has jurisdiction to hear are actions brought where filiation is disputed. Example concerning a name-correction action in which there is no dispute over filiation.Personal Status · Source page ٤٤٨
  30. Principle 678Birth is the material event establishing lineage. Its implication. The law in force at birth applies to proof of lineage. - Lineage is established by the marital bed, and its conditions under the school of Imam Malik. - Personal Status · Source page ٤٤٨
  31. Principle 679The provisions of the law in force when the events sought to be proved occurred govern the admissibility and probative force of evidence. - Birth is the event establishing parentage. Its implication. The law in force at Personal Status · Source page ٤٤٨
  32. Principle 680A birth certificate is a presumption of lineage. Its evidentiary force is not conclusive. Effect. Evidence to the contrary is permissible.Personal Status · Source page ٤٤٩
  33. Principle 681Personal Status Law 51/1984. Its scope of application as regards persons. Those subject to the Maliki school, to the exclusion of others. - The rule in the Ja'fari school. The child belongs to the marital bed; a man may Personal Status · Source page ٤٤٩
  34. Principle 682Lineage to a deceased person is established only within an action concerning a right or property. The basis for that. The judgment’s contravention of that. An error in the application of the law.Personal Status · Source page ٤٤٩
  35. Principle 683Admissibility and validity of evidence are governed by the law in force when the facts sought to be proved occurred. - A person’s lineage to his father attaches to him from the date of his birth. The event creating lineaPersonal Status · Source page ٤٤٩
  36. Principle 684The established rule in the school of Imam Malik, in the event of separation between spouses by irrevocable divorce, is that establishment of lineage requires the wife to give birth to the child within one year of the diPersonal Status · Source page ٤٤٩
  37. Principle 685A lineage action admissible only within another right is one in which the dispute concerns establishing or denying lineage. If lineage is not disputed and the matter is confined to correcting the name entered in travel dPersonal Status · Source page ٤٤٩
  38. Principle 686Filiation. How it is established. - The minimum gestation period is six lunar months and does not exceed 365 days, provided that the spouses could have met during it. - Assessing whether the spouses met or not and whethePersonal Status · Source page ٤٥٠
  39. Principle 687Lineage on the man’s side is established by the marital bed, acknowledgment, and evidence. The meaning of acknowledgment and its form under the school of Imam Malik.Personal Status · Source page ٤٥٠
  40. Principle 689Methods of establishing parentage. The marital bed, acknowledgment and evidence. The meaning of the marital bed. - Minimum gestation period. 6 lunar months.Personal Status · Source page ٤٥٠
  41. Principle 690Establishment of lineage to a deceased person. Its cases. Their absence. Its effect. A ruling that the action is inadmissible. An example.Personal Status · Source page ٤٥٠
  42. Principle 691Filiation to a deceased person may be established only within an action asserting a right or property against an opposing party. Absence thereof. Effect thereof. Inadmissibility of the action. Example.Personal Status · Source page ٤٥٠
  43. Principle 692Intervention by the Public Prosecution is mandatory in matters considered part of public policy, including lineage and name-correction actions. Omission of this. Its effect. Absolute nullity. - Litigation procedures in lPersonal Status · Source page ٤٥٠
  44. Principle 693Intervention by the Public Prosecution in matters regarded as matters of public policy. Mandatory. The effect of its omission. Absolute nullity. - Parentage and name-correction actions. Their connection with public policPersonal Status · Source page
  45. Principle 694Establishment of a child's lineage to his father through the marital bed. Its condition. Subsistence of the marriage and the lapse of at least six lunar months thereof, with the possibility of the spouses meeting. DenialPersonal Status · Source page
  46. Principle 695Establishment of a child's lineage by the marital bed under the Ja'fari school. Its condition. Consummation with the child's mother, the passage of six months or more from intercourse, and non-exceedance of the maximum gPersonal Status · Source page
  47. Principle 698Lineage to a deceased person is established only within an action concerning a right or property. The reason for that. - A judgment against a deceased person, like a judgment against an absent person, is permissible onlyPersonal Status · Source page
  48. Principle 699The Births and Deaths Committee must investigate applications concerning lineage or correction of a name before actions concerning them are instituted. Articles 1, 3, and 4 of Decree-Law 1 of 1988. - The appellant’s requPersonal Status · Source page
  49. Principle 700Lineage in a valid marriage. It is established for the child when a gestation period of not less than six lunar months and not more than one year has elapsed, with the possibility of the spouses meeting during that perioPersonal Status · Source page
  50. Principle 701Establishment of lineage to a deceased person. Its cases. Their absence. Its effect: a judgment declaring the action inadmissible. Example.Personal Status · Source page
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