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. النسب: (ثبوت النسب)

    Principle 702Determination of the possibility or impossibility of the spouses meeting and of an express or implied acknowledgment of lineage by the husband. A matter for the trial court. Provided it is reasonable. - The judgment’s diPersonal Status · Source page ٤٥٢
  2. Principle 703Denial of a child's parentage. Its condition. That it be within 7 days of the time of birth or knowledge thereof and that the father must not - 452 - Personal Status have acknowledged the child expressly or implicitly. -Personal Status · Source page ٤٥٢
  3. Principle 704Establishing lineage to a deceased person is like a judgment against an absent person. It is permissible only against a present adversary. The nature of this adversary. An action to establish lineage to a deceased personPersonal Status · Source page ٤٥٣
  4. Principle 705The new law. Its nonapplication to the past. Its application, from the date it comes into operation, to legal positions arising after its entry into force. The reason for that. Example. - Establishment of lineage arisingPersonal Status · Source page ٤٥٣
  5. Principle 706Law 51/1984. Its application to those to whom the school of Imam Malik applied. Others. The provisions specific to them apply to them. Both parties being of the Ja‘fari school. Its consequence is that Ja‘fari jurisprudenPersonal Status · Source page ٤٥٤
  6. Principle 707An action to establish lineage. Its existence depends upon proof of a valid marriage or intercourse under a mistaken belief of lawfulness. Failure to establish either. Its effect. The examination is considered futile whaPersonal Status · Source page ٤٥٤
  7. Principle 708A child’s lineage to his father. Its establishment by the marital bed, acknowledgment, or evidence. - What is meant by the marital bed existing between the man and woman when pregnancy begins. The wife’s pregnancy duringPersonal Status · Source page ٤٥٤
  8. Principle 709Establishment of pregnancy and birth within a valid marital union, birth occurring after the minimum gestation period has elapsed, establishment of the possibility of meeting, the husband's failure to dispute the possibiPersonal Status · Source page ٤٥٥
  9. Principle 710Lineage to a deceased person. It is established only within an action concerning a right or property. The reason for this: its establishment in relation to the deceased requires a judgment against him. Example. - An intePersonal Status · Source page ٤٥٥
  10. Principle 711A marriage action. The rule is that it is not heard where denied. The exception. Its establishment by an official document or acknowledgment of the marital relationship in official papers. Unless the action is a basis foPersonal Status · Source page ٤٥٥
  11. Principle 712Establishing lineage to a deceased person is permissible only within an action for a right or property against an opposing party. Reason: - 455 - Personal Status establishing lineage to a deceased person requires a judgmPersonal Status · Source page ٤٥٥
  12. Principle 713Applications concerning establishment of lineage and correction of names. They must be submitted to the competent committee before being brought before the courts. The scope of what is submitted to this committee. The rePersonal Status · Source page ٤٥٦
  13. Principle 714Lineage to a deceased person. It is established only within an action concerning a right or property against a proper legal adversary. The reason for that: establishing lineage to a deceased person entails a judgment agaPersonal Status · Source page ٤٥٦
  14. Principle 715Methods of establishing parentage. The marital bed, acknowledgment, and evidence. What is meant by the marital bed: a valid marriage subsisting at the commencement of pregnancy with the child. The reason for this. - EstaPersonal Status · Source page ٤٥٦
  15. Principle 716Establishment of parentage through valid marriage. Its condition. Pregnancy for a period of not less than six lunar months and not - 456 - Personal Status more than three hundred and sixty-five days, with the possibilityPersonal Status · Source page ٤٥٦
  16. Principle 717The man's acknowledgment of marriage to the woman and of cohabiting with her as spouses. Implication thereof. His denial of the filiation of her child is inadmissible. Reason thereof. His failure to take proceedings to dPersonal Status · Source page ٤٥٧
  17. Principle 718Lineage. Its establishment by the marital bed, acknowledgment, and evidence. What is meant by the marital bed: the existence of a marital relationship and the elapse since the marriage contract of the minimum gestation pPersonal Status · Source page ٤٥٧
  18. Principle 719Applications concerning filiation and correction of names—except matters within the jurisdiction of the Births and Deaths Committee—must, before being brought before the judiciary, be submitted to the committee stipulatePersonal Status · Source page ٤٥٧
  19. Principle 720Changing the first name of a person not exceeding six years of age and correcting clerical errors in this entry. Falls within the jurisdiction of the Committee for Parentage Claims and Correction of Names. Law 1 of 1988.Personal Status · Source page ٤٥٨
  20. Principle 722Name-correction actions. The Public Prosecution must intervene in them where filiation is disputed and their determination depends on the outcome of the examination of filiation. Articles 337, 338 of Law 51/1984 concerniPersonal Status · Source page ٤٥٨

  21. اللعان (نفي النسب)

    Principle 723Lineage to a deceased person is established only within an action concerning a right or property. The reason for this. - The intentional adversary and the constructive adversary in Islamic Sharia. What is meant by each. Personal Status · Source page ٤٥٨
  22. Principle 724The challenged judgment's rejection of the appellant's defence denying the parentage of his two children on the basis that the marital relationship between the parties was established by a final judgment or that denial oPersonal Status · Source page ٤٥٩
  23. Principle 726Denial of lineage within seven days from the date of birth or knowledge thereof. Procedures of a li'an action. They must be undertaken before fifteen days have elapsed from that date. Condition for this. No express or imPersonal Status · Source page ٤٥٩

  24. دعوى النسب(*)

    Principle 727Denial of a child's lineage. Its time limit. Within seven days from birth or knowledge thereof. Its condition. The husband's non-acknowledgment of lineage, expressly or implicitly. Article 176, Law 51/1984. Determining dPersonal Status · Source page ٤٥٩
  25. Principle 734Name-correction actions which the Personal Status Circuit has jurisdiction to hear are actions brought where lineage is disputed. Example concerning a name-correction action in which lineage is not disputed.Personal Status · Source page ٤٦٢
  26. Principle 735The provisions of the law in force when the facts sought to be proved occurred govern the admissibility and probative force of evidence. - Birth is the event creating lineage. The consequence thereof. The law in force atPersonal Status · Source page ٤٦٢
  27. Principle 739The admissibility and validity of evidence are governed by the law in force at the time of occurrence of the facts sought to be proved. - 462 - Personal Status - A person's filiation to his father attaches to him from thPersonal Status · Source page ٤٦٢
  28. Principle 740The established rule in the school of Imam Malik, where spouses separate by irrevocable divorce, is that establishing parentage requires the wife to give birth within a year of the divorce and not to have acknowledged thPersonal Status · Source page ٤٦٣
  29. Principle 741A parentage action that is admissible only as part of another right is one involving a dispute over establishing or denying parentage. If parentage is not disputed and the action is confined to correcting the name recordPersonal Status · Source page ٤٦٣
  30. Principle 742Filiation. 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 that period. - Assessment of whether or not the spouses mPersonal Status · Source page ٤٦٣
  31. Principle 743Restriction of the deceased's inheritance to his lawful heirs as regards fathers, children, or agnates. Its condition: verification that their lineage to the deceased is established. - Actions in which a dispute over linPersonal Status · Source page ٤٦٣
  32. Principle 748The established rule under 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 thePersonal Status · Source page ٤٦٤
  33. Principle 762Descent from a deceased person is established only within an action for a right or property. The reason therefor. - Judgment against a deceased person, like judgment against an absent person, is permissible only in procePersonal Status · Source page ٤٦٦
  34. Principle 763The Births and Deaths Committee must investigate applications concerning parentage or correction of names before actions concerning either are brought. Articles 1, 3, 4 of Decree-Law 1 of 1988. - The appellant's request Personal Status · Source page ٤٦٦
  35. Principle 768Lineage to a deceased person is like a judgment against an absent person. It is impermissible except against a present adversary. The nature of this adversary. An action for lineage against a deceased person. InadmissiblPersonal Status · Source page ٤٦٨
  36. Principle 774Lineage to a deceased person. It is established only within an action concerning a right or property. The reason for that is that its establishment in relation to the deceased entails a judgment against him. Example. - TPersonal Status · Source page ٤٧٠
  37. Principle 775An action to establish marriage. The general rule is that it shall not be heard upon denial. The exception. Its establishment by an official document or acknowledgment of marriage in official papers. Unless the action isPersonal Status · Source page ٤٧٠

  38. الرضاع

    Principle 789Custody of a child during the breastfeeding period according to the Ja‘fari school. Belongs equally to both parents. The father may not separate the child from its mother during that period even if it is female, and mustPersonal Status · Source page ٤٧٤

  39. - بوجه عام

    Principle 790Remuneration for breastfeeding is considered part of the minor's maintenance and becomes a debt. It is extinguished only by payment or release. - The mother's lack of entitlement to remuneration for breastfeeding during Personal Status · Source page ٤٧٤
  40. Principle 791Assessment of the grounds for depriving the appellant of custody. A matter for the court of merits. It may not be raised before the Court of Cassation.Personal Status · Source page ٤٧٥
  41. Principle 792The Court of Appeal’s inference that the appellant designated the dwelling for the residence of his children and the respondent in her capacity as their custodian, from the ruling of a previous judgment awarding her mainPersonal Status · Source page ٤٧٥
  42. Principle 793A judgment being based on a set of mutually complementary presumptions. Effect thereof. Each presumption may not be discussed separately. Example concerning the appellant's lack of entitlement to custody. - Challenging tPersonal Status · Source page ٤٧٥
  43. Principle 795The young or older age of the female child in custody. Has no effect on assessing the mother's right to custody. The reason for that.Personal Status · Source page ٤٧٥
  44. Principle 796The challenged judgment's reversal of the judgment under appeal and dismissal of the appellant's action based on his knowledge of his divorced wife's marriage to a man unrelated to the minor girl and his silence in not sPersonal Status · Source page
  45. Principle 797Interpretation of agreements and instruments. Within the trial court's authority. The condition therefor. An example concerning inference from the wording of the divorce declaration that the appellant had not waived takiPersonal Status · Source page
  46. Principle 798Custody is a right of both the custodian and the child in custody. The general rule is that it belongs to women, and the mother may claim it after relinquishing it.Personal Status · Source page
  47. Principle 799The binding authority of a custody judgment. Temporary. Its basis is the circumstances in which the interests of the child in custody are realized.Personal Status · Source page
  48. Principle 800The enactment of a law raising the age of custody merely permits a claim for custody of the minor girl.Personal Status · Source page
  49. Principle 805Assessing the presence or absence of the female custodian's fitness for custody is within the trial court's authority. - 476 - Personal StatusPersonal Status · Source page
  50. Principle 808Lapse of the female custodian’s right to custody if she marries a man unrelated to the minor. Its period. Its conditions. And the person entitled to invoke it.Personal Status · Source page
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