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. - بوجه عام

    Principle 866The female custodian's entitlement to receive the minor's maintenance. Its basis. His being in her care. The reason: authority over maintenance depends on actual care and ceases when it ceases. An example of refusal to oPersonal Status · Source page ٤٨٦
  2. Principle 867Custody of a minor in the Maliki school. Its termination upon puberty. The effect of such puberty. - The law's failure to specify a particular age for puberty. Its implication. The judge may assess it. The condition for Personal Status · Source page ٤٨٦
  3. Principle 868Custody under the Ja'fari school. It ends when the child reaches the age of majority, whether male or female, and the child has the choice to join whichever parent or other person the child wishes.Personal Status · Source page ٤٨٦
  4. Principle 869Adoption of the school of Imam Malik as the general law under the Kuwaiti Personal Status Law, or non-adoption thereof and application of the particular schools. Its basis. The dispute concerning the personal status of tPersonal Status · Source page ٤٨٦
  5. Principle 870Custody under Sharia. Its nature, the reason for the mother’s entitlement to it, and the conditions she must satisfy. - Assessment of the grounds for forfeiture of custody. A question of fact for the trial judge. Its conPersonal Status · Source page ٤٨٧
  6. Principle 872Depriving the female custodian of custody because of an involuntary or voluntary impediment, followed by its cessation. Its effect: custody returns to her. The reason thereof. Custody is a right of the custodian and the Personal Status · Source page ٤٨٧
  7. Principle 873Custody of a boy in the school of Imam Malik. Its termination upon puberty, whether through the appearance of its natural signs or completion of 15 years without their appearance. Establishing that: a factual matter assePersonal Status · Source page ٤٨٧
  8. Principle 874Custody of the child under the Ja'fari school. Belongs to the mother: its forfeiture by her. Its circumstances: her relinquishment of it or her marriage to a stranger, whereupon it transfers to the father, who follows hePersonal Status · Source page ٤٨٧
  9. Principle 875The parents and grandparents have the right to see the child. The female custodian's prevention of the father from seeing him: a breach of kinship ties and of the father's right to see him and supervise his upbringing, aPersonal Status · Source page ٤٨٧
  10. Principle 876A mother's custody of a female child in Imami jurisprudence. Until seven, then to the father until nine, after which she chooses to join either parent.Personal Status · Source page ٤٨٨
  11. Principle 877The parties to the dispute share the same nationality (both Saudi). The rules of the Hanbali school must apply to the action. - The mother's travel with the child in custody to another country for residence and settlemenPersonal Status · Source page ٤٨٨
  12. Principle 878The general rule is that if the female custodian and the ward’s guardian disagree on matters other than his care, such as directing him toward a particular type of education or trade, the decision belongs to the guardianPersonal Status · Source page ٤٨٨
  13. Principle 879Women’s custody of a female ends upon her marriage and the husband’s consummation thereof. Article 194 of Law 51/1984. - Custody is a right of the female custodian and the child in custody. - The general rule is that cusPersonal Status · Source page ٤٨٨
  14. Principle 880The respondent's request to establish her custody of her children and have them placed with her. The court of first instance granting her requests. Appeal against this judgment on the ground that the respondent resides iPersonal Status · Source page ٤٨٩
  15. Principle 881Establishment that the father is a Saudi national. Its implication. Application of the Hanbali school followed under Saudi law. The boy's attainment of seven years of age. Effect. If of sound mind, he is given a choice bPersonal Status · Source page ٤٨٩
  16. Principle 882The binding effect of a judgment that precludes resubmission of the dispute to the court. Its basis: the judgment must have finally determined an essential issue that has not changed, which the parties contested in the fPersonal Status · Source page ٤٨٩
  17. Principle 883Circumstances in which the female custodian is not entitled to an allowance for the accommodation of the child in custody. - The appellant's allocation of accommodation for the custody of his children and the court's satPersonal Status · Source page ٤٨٩
  18. Principle 884The two conditions for establishing the right to custody for the parents or others in the jurisprudence of the Ja'fari school. The father's lack of either condition. The mother's absolute priority entitlement to the chilPersonal Status · Source page ٤٩٠
  19. Principle 885The father's lack of the trustworthiness required for custody. Its effect. The mother remains more entitled to custody until a judgment extinguishes it because the two children in custody have exceeded the age at which cPersonal Status · Source page ٤٩٠
  20. Principle 886The general rule in custody is that it belongs to the mother. Her absence or the forfeiture of her custody. Its effect. The right to custody passes to those mentioned in Article 189 of Law 51/1984 in the order stated thePersonal Status · Source page ٤٩٠
  21. Principle 887The cost of housing for the minor’s custody is part of his maintenance. Its import. A request for comprehensive maintenance for him includes housing costs. The wife’s custody of her son in her custody in the wife’s home.Personal Status · Source page ٤٩٠
  22. Principle 888Custody of a boy ends upon puberty, and of a female upon marriage and its consummation by the husband. Consequence. Neither may be compelled to join either parent or whoever takes their place. Article 194 of Law 51/1984 Personal Status · Source page ٤٩٠
  23. Principle 889Disputation concerning the trial court's right to assess the evidence in the case and the requirements for establishing or forfeiting custody. Its inadmissibility before the Court of Cassation.Personal Status · Source page ٤٩٠
  24. Principle 890Custody is a right of the child in custody and the custodian. The child's right is stronger than the custodian's right. The general rule is that custody belongs to women. Its condition: fulfillment of the conditions for Personal Status · Source page ٤٩٠
  25. Principle 891Forfeiture of custody owing to an impediment. Its implication. Upon the removal of that impediment, custody is restored to the female custodian. The reason for this. Regard for the interests of the child in custody. The Personal Status · Source page ٤٩١
  26. Principle 892Assessment of the grounds for forfeiture of custody. A question of fact. The independence of the court of merits. Its condition. - Judgments rendered in certain personal status matters that are susceptible to alteration,Personal Status · Source page ٤٩١
  27. Principle 893The right to custody. Its forfeiture through the silence of the person entitled to it for one year without excuse. Its condition. Knowledge of this right. A claim of ignorance is not considered an excuse.Personal Status · Source page ٤٩١
  28. Principle 894The general rule is that there is no time restriction on the female custodian's bringing a custody action. The exception. The female custodian's marriage to someone who is not a mahram of the child in custody and the husPersonal Status · Source page ٤٩١
  29. Principle 895Establishment of custody for the female custodian. Its condition: that she reside with the father in the same locality. - The female custodian’s travel to another country other than the country of the ward’s guardian to Personal Status · Source page ٤٩١
  30. Principle 896Choosing the type of education for the child in custody. A right of the guardian of the person. The condition thereof. No abuse in exercising this right.Personal Status · Source page ٤٩٢
  31. Principle 897A boy reaching seven years of age while of sound mind under the Hanbali school. His right to choose between his parents. A female reaching seven. She must be with her father. The reason for that. He is more protective ofPersonal Status · Source page ٤٩٢
  32. Principle 898Establishment of the mother's relationship with an unrelated man and her meeting with him in a private house, even if the crime of adultery is not thereby established against her. Its implication. Her loss of one of the Personal Status · Source page ٤٩٢
  33. Principle 899Government housing. A divorced woman has only a right of residence when she is a custodian, even if the allocation decision listed her as a wife to whom housing was allocated at the time it was issued. Issuance of the tiPersonal Status · Source page ٤٩٢
  34. Principle 900An appellate judgment reversing the first-instance judgment that ordered forfeiture of custody and the minors' maintenance. Its status as an enforceable instrument authorizing the Enforcement Department to restore the siPersonal Status · Source page ٤٩٢
  35. Principle 901Custody judgments have temporary res judicata effect. They are subject to change and alteration, and forfeiture may apply upon a change in - 492 - Personal Status their grounds and the circumstances in which they were rePersonal Status · Source page ٤٩٢
  36. Principle 904Women's custody of a female ends upon her marriage and its consummation, as long as the female custodian remains fit for custody. - The presumption is the mother's fitness for custody. Example of reasonable reasoning estPersonal Status · Source page ٤٩٤
  37. Principle 905Women’s custody of a boy ends upon his attaining puberty. Article 194 of Law 1/1984 concerning personal status. - A ruling establishing the respondent’s custody of the minor without addressing his attainment of puberty. Personal Status · Source page ٤٩٤
  38. Principle 906The allowance for the minor's accommodation is payable by his father. The exception. The female custodian owns accommodation in which she resides or which is designated for her residence. An example.Personal Status · Source page ٤٩٤
  39. Principle 907Forfeiture of the father's right to custody of his children if he does not seek it within a year from the date he learns of the female custodian's marriage to a man who is not a mahram of the minor and consummation of thPersonal Status · Source page ٤٩٤
  40. Principle 908The female respondent's final requests in the first action, "relied upon against her," were for a judgment allocating a custody dwelling to her in the disputed dwelling in her capacity as custodian. This differs in causePersonal Status · Source page ٤٩٥
  41. Principle 909The respondent’s request that she and her children in her custody be enabled to reside in the dwelling allocated for their residence until the end of custody by a decision of the Public Authority for Housing Welfare. NotPersonal Status · Source page ٤٩٥
  42. Principle 910A divorced woman's right to reside in the government accommodation allocated to the head of the family until custody ends, pursuant to the decision of the Public Authority for Housing Welfare, is separate from the rightsPersonal Status · Source page ٤٩٥
  43. Principle 911The law of the father's nationality applies to guardianship over the person and to custody. Article 43, Law 5 of 1961 concerning the regulation of legal relations involving a foreign element. - Maintenance obligations bePersonal Status · Source page ٤٩٥
  44. Principle 912The silence of the person entitled to custody for one year without an acceptable excuse after learning of consummation of the wife's marriage to another extinguishes his right to custody. The reason therefor. The interesPersonal Status · Source page
  45. Principle 913Women’s custody of a female ends upon the latter’s marriage and its consummation. The female custodian has the right to claim and receive the minor girl’s maintenance until that is completed. The right to request maintenPersonal Status · Source page
  46. Principle 914The mother has the greatest entitlement to custody, whether she is the wife of the minor’s father or divorced from him, so long as she satisfies the conditions of fitness for custody. These conditions are presumed to be Personal Status · Source page
  47. Principle 915The appellant's insistence at both levels of litigation that he had prepared a Sharia-compliant residence for the respondent and her son, and his submission of evidence thereof. A material defense. The judgment's failurePersonal Status · Source page
  48. Principle 916Judgments rendered in certain personal status matters are susceptible to change and alteration because of changed circumstances, including maintenance and custody. The reason for this: they have temporary res judicata efPersonal Status · Source page
  49. Principle 917Custody of the child under the Ja'fari school belongs to the mother until he reaches the age of seven unless she marries a stranger, and to the father when he reaches seven or eight years until puberty; it ends upon his Personal Status · Source page
  50. Principle 918The court of first instance’s exclusion of the incidental claim—establishment of custody of the minor—for failure to pay the fee due thereon. Its consequence: the claim falls outside the scope of the appellate proceedingPersonal Status · Source page
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