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

Search this collection

  1. - بوجه عام

    Principle 809Deducing the conditions of the female custodian’s fitness for custody. Within the authority of the court of merits. Disputing this before the Court of Cassation is impermissible.Personal Status · Source page ٤٧٧
  2. Principle 810The female custodian's trustworthiness regarding the person, morals, and religion of the child in custody, and her ability to raise and care for the child. A condition required of the female custodian by all Islamic schoPersonal Status · Source page ٤٧٧
  3. Principle 811Guardianship over the person of a minor lacking discernment, or possessing discernment but not having attained puberty under Sharia, belongs to his father, who is his legal representative. Even if he is in the mother’s cPersonal Status · Source page ٤٧٧
  4. Principle 812Custody under Egyptian Personal Status Law 25/1992. The general rule is that it belongs to women. The mother has the greatest entitlement to custody of her child. The condition thereof.Personal Status · Source page ٤٧٧
  5. Principle 813The suitability of the custody residence and the effect of the female custodian’s going out on the protection and care of the minor and on her fitness are matters independently determined by the court of disposition overPersonal Status · Source page ٤٧٧
  6. Principle 814Custody under Sharia. Its definition. Allocation of the minor's rights arising from it. The mother has the upbringing and care of the minor. The father has guardianship over dealings concerning his person and property. TPersonal Status · Source page ٤٧٨
  7. Principle 815Assessing whether the female custodian satisfies the conditions for custody and is fit for it. A matter for the trial court.Personal Status · Source page ٤٧٨
  8. Principle 816The father’s right of custody in the Ja‘fari school. It does not lapse by his relinquishment of it. The mother’s custody lapses by her relinquishment of it or her marriage, and custody passes to the father.Personal Status · Source page ٤٧٨
  9. Principle 817Custody. Its definition. The mother is the person most entitled to custody of her child whenever she satisfies its conditions. The rationale for this.Personal Status · Source page ٤٧٨
  10. Principle 818Custody of a minor. Its nature. - Custody remuneration. It is not part of the minor's maintenance. Rather, it is remuneration for work. Once imposed, it is not subject to increase or decrease according to the affluence oPersonal Status · Source page ٤٧٨
  11. Principle 819Custody accommodation allowance. The basis of entitlement to it. That the female custodian does not own a dwelling in which she resides or which is allocated for her residence, or that accommodation for the child's custoPersonal Status · Source page ٤٧٨
  12. Principle 822Limiting the claims to spousal maintenance. Their exclusion of custody remuneration and custody housing. The reason therefor. - The cost of housing for the minor's custody is payable by the person obliged to maintain himPersonal Status · Source page ٤٧٩
  13. Principle 823Custody of a boy ends at puberty. Once it has ended, adjudication in his capacity to his father. A sound donkey.Personal Status · Source page ٤٧٩
  14. Principle 824Contending for the first time before the Court of Cassation that the female custodian is unfit for custody and that the minor's interests do not require his remaining in her custody. Impermissible.Personal Status · Source page ٤٧٩
  15. Principle 825Custody under Sharia. Its meaning. - The upbringing and care of a minor in the first stage of his life belong to his mother. Guardianship over dealings concerning his person and property, however, belongs to his father. Personal Status · Source page ٤٧٩
  16. Principle 826Assessment of evidence, inference of presumptions, and assessment of whether the female custodian meets the conditions for custody and is fit for it. Within the authority of the trial court.Personal Status · Source page ٤٧٩
  17. Principle 827Judgments rendered in custody actions. Their res judicata effect is temporary and is subject to extinguishment.Personal Status · Source page ٤٧٩
  18. Principle 829The relocation of custody with her minor to any place in the same town or to a nearby town to which the father can go - 479 - Personal Status and see him there and return before nightfall. The female custodian’s residencPersonal Status · Source page ٤٧٩
  19. Principle 830A mother's custody. Of her children under the Jordanian Personal Status Law. Its continuation until they reach puberty, provided that she devotes herself to raising them. - The young virgin girl who attains womanhood is Personal Status · Source page ٤٨٠
  20. Principle 831The mother has priority in custody of her child in the Ja'fari school, followed by the father. Custody lapses upon the mother's waiver or her marriage to an unrelated man. The effect of the mother's loss of custody. Its Personal Status · Source page ٤٨٠
  21. Principle 832Travel with the child in custody that is prohibited for the female custodian or guardian without the other's permission is travel to another country with the intention of residing there. Travel for recreation is permissiPersonal Status · Source page ٤٨٠
  22. Principle 833The mother's marriage to a stranger affecting the minor—under the Ja'fari school. Its effect. Forfeiture of her custody of him and its transfer to the father, who takes precedence over the maternal grandmother.Personal Status · Source page ٤٨٠
  23. Principle 834Women's custody of a female. Ends upon the marriage of the female in custody and consummation of the marriage by her husband. Custody. The rule is that it belongs to the mother, then to those mentioned in Article 189 of Personal Status · Source page ٤٨٠
  24. Principle 835Custody under Sharia. Its nature. The mother is the person most entitled to it. Reason thereof. - Assessment of the grounds for forfeiture of custody. A matter of fact within the exclusive authority of the court of fact,Personal Status · Source page ٤٨٠
  25. Principle 836Travel with the child in custody that is prohibited to the female custodian or the guardian without the other is travel to another country to reside there, not for recreation, however distant it is from the State of KuwaPersonal Status · Source page ٤٨١
  26. Principle 838Custody of a minor under French law. As a rule. It belongs to one of the parents. The exception. To any other person, with preference given to relatives. If that proves impossible. It is entrusted to an educational instiPersonal Status · Source page ٤٨١
  27. Principle 839The duration of a divorced mother's custody of a female child under the Imami school. Seven years, after which custody belongs to the father until she completes nine years, whereupon she chooses to join either parent. ThPersonal Status · Source page ٤٨١
  28. Principle 840The mother, during the marriage or upon its dissolution, has priority in entitlement to custody. - Assessing fulfillment of the conditions of the female custodian's fitness for custody. A matter of fact independently detPersonal Status · Source page ٤٨١
  29. Principle 841Assessment of the fulfillment of the conditions for custody and fitness for it is left to the trial court without review whenever it is - 481 - Personal Status reasonable. Example of what does not detract from the trustwPersonal Status · Source page ٤٨١
  30. Principle 842Custody is a right of the custodian and the child in custody. The right of the child in custody is stronger than the right of the female custodian. The general rule is that custody belongs to women, and the mother is thePersonal Status · Source page ٤٨٢
  31. Principle 844The applicable rule of the Ja'fari school is that, if a woman becomes irrevocably separated from a man and has a child by him, then, if the child lacks discernment, she has the greater right to the child, without disagrePersonal Status · Source page ٤٨٢
  32. Principle 845The female custodian may travel with the child in custody to any country without the guardian's permission so long as the travel is temporary and not intended for residence and settlement. - The right conferred on the lePersonal Status · Source page ٤٨٢
  33. Principle 846Custody. Its nature. - A wife is not entitled to custody remuneration so long as she is married to the father of the child in custody, or is observing a waiting period during which she is entitled to maintenance, or duriPersonal Status · Source page ٤٨٢
  34. Principle 847Forfeiture of custody. Its requirements. Cessation of the impediment to forfeiture in respect of the female custodian. Its effect. Custody reverts to her. The reason therefor. - 482 - Personal Status - Assessment of whetPersonal Status · Source page ٤٨٢
  35. Principle 849Custody under Sharia. Its meaning. - The matter of raising and caring for a young child during the first stage of life. Belongs to the mother. Guardianship over dealings concerning the child's person and property belongsPersonal Status · Source page ٤٨٣
  36. Principle 850Women's custody of a male. When it ends: upon puberty, namely the appearance of the known natural signs or the male's completion of his fifteenth year without their appearance. The effect thereof. Guardianship over his pPersonal Status · Source page ٤٨٣
  37. Principle 851Women’s custody of a female does not end upon her attaining a particular age. Rather, it ends upon her marriage and its consummation. - The female custodian in whose care the female is has the right to receive her maintePersonal Status · Source page ٤٨٣
  38. Principle 852Article 191 of Law 51 of 1984 concerning lapse of the father’s right to custody of his children if he does not request it within a year from the date of his knowledge of the female custodian’s marriage. Applying it by anPersonal Status · Source page ٤٨٣
  39. Principle 853Women’s custody of a female ends upon her marriage and its consummation. Failure of that to occur. The female custodian has the right to receive and claim her maintenance. The basis therefor. An example. - Termination ofPersonal Status · Source page ٤٨٣
  40. Principle 854The female custodian's lack of entitlement to an accommodation allowance for the child in custody pursuant to Article 198 of Law 51 of 1984. Its criterion. - Transfer of ownership of the sold property whose price has notPersonal Status · Source page ٤٨٤
  41. Principle 855The period of a divorced mother's custody of a female child under the Ja'fari school is seven years, after which custody transfers to the father until she completes her ninth year, whereupon the girl in custody may choosPersonal Status · Source page ٤٨٤
  42. Principle 857Women's custody. Its termination in respect of a boy and a girl. For the former, upon puberty, and for the latter, upon marriage. The basis thereof. - The female custodian has authority to claim maintenance for the childPersonal Status · Source page ٤٨٤
  43. Principle 858The female custodian's right to claim rent for the child's accommodation as part of maintenance. Lapse of this right. Its criterion: proof that she owns a dwelling in which she resides or which is designated for her resiPersonal Status · Source page ٤٨٤
  44. Principle 859Rent for the custody dwelling forms part of the maintenance due to the minor. Its condition. - The female respondent's waiver of her remuneration for custody of the minor does not deprive her of her right to rent for hisPersonal Status · Source page
  45. Principle 860Bringing the action by the female custodian of the children of the person whose interdiction is sought. Permissible. The reason for that. Averting harm and safeguarding the interests of her children by him.Personal Status · Source page
  46. Principle 861Women’s custody of a minor. Its termination upon puberty, and for a female upon her marriage and its consummation. The basis thereof. - The female custodian’s entitlement to receive the minor’s maintenance. Its criterionPersonal Status · Source page
  47. Principle 862Maintenance of a poor minor child, including a servant's wages. Obligatory upon the child's father. Its condition. That he be financially able. It changes with changes in circumstances and conditions. The female custodiaPersonal Status · Source page
  48. Principle 863Waiver of a minor’s maintenance. Its condition. That it be temporary for a specified period. Otherwise, it is invalid, may not be invoked against the minor, and is deemed nonexistent. The reason thereof. The female custoPersonal Status · Source page
  49. Principle 864The rent for accommodation for the custody of a minor is borne by his father, with no one else sharing it. Exception. The female custodian's ownership - 485 - Personal Status of accommodation in which she actually residePersonal Status · Source page
  50. Principle 865The accommodation allowance due to the wife as part of her maintenance in return for her confinement for the husband's right and benefit. Its distinction from the custodial accommodation allowance, which forms part of thPersonal Status · Source page
PreviousPage 13 of 20Next