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 collectionالقانون الواجب التطبيق في مسائل الأحول الشخصية
Principle 51Invoking the application of provisions of a foreign law. Considered merely a material fact. Implication thereof. Evidence of it must be adduced. - Failure by the party invoking application of the foreign law to submit anPersonal Status · Source page ٣٢٧- Principle 52Egyptian law. It must be applied if both parties are Egyptian. Their being Copts. Its implication. Application to them of the provisions of the Personal Status Code for Orthodox Copts. - 327 - Personal StatusPersonal Status · Source page ٣٢٧
- Principle 53The final and conclusive judgment granting the female respondent a single irrevocable divorce from the appellant on grounds of harm and obliging him to satisfy her rights arising from marriage and judicial divorce, on thPersonal Status · Source page ٣٢٨
- Principle 54Divorce, judicial divorce, and separation. The law of the husband at the time the marriage was contracted applies thereto. - Invoking the application of foreign legislation. Treated as a mere fact. Consequence thereof. PPersonal Status · Source page ٣٢٨
- Principle 55Both parties’ adherence to the Ja'fari school. Its implication: application of its rules to them. The basis thereof. - A wife’s inheritance in the Ja'fari school. Its scope: movables, ships, and animals. She does not inhPersonal Status · Source page ٣٢٨
- Principle 56The spouses' adherence to the Ja'fari school. Its effect: its rules apply to them. The Ja'fari school does not restrict the hearing of a wife's maintenance action to a particular period. The basis for that.Personal Status · Source page ٣٢٩
- Principle 57Application of the law of the father's nationality in the country in guardianship over the person and in custody. Article 43 of Law 5 of 1961. Establishment that the husband is a Saudi national. Its necessary consequencePersonal Status · Source page ٣٢٩
- Principle 58The law of the husband’s nationality. Its application to matters of guardianship of the person and custody. Basis thereof. Invoking foreign law. A material fact. Evidence of it must be adduced before the trial court; othPersonal Status · Source page ٣٢٩
- Principle 59Women's custody under Syrian law ends when the boy reaches nine and the girl eleven. They are then placed with their father until the age of majority or the girl's marriage. If the natural guardian is someone other than Personal Status · Source page ٣٢٩
- Principle 60Disputes concerning divorce, judicial divorce and separation. Their subjection to the law of the last common nationality acquired by the spouses during and before divorce or before the action for judicial divorce or sepaPersonal Status · Source page ٣٣٠
- Principle 61A disposition made during death illness with donative intent is a disposition taking effect after death, to which the rules governing wills apply. - Islamic Sharia and the laws enacted concerning it constitute the law apPersonal Status · Source page ٣٣٠
- Principle 62The law of the father’s nationality applies to guardianship of the person and custody. Article 43 - Law 5 of 1961 concerning the regulation of legal relationships involving a foreign element. - The obligation of maintenaPersonal Status · Source page ٣٣٠
- Principle 63The law of the husband's nationality. Recourse to it at the time of conclusion of the contract regarding the effects arising from marriage and divorce or judicial divorce. Articles 39 and 40 of Law 5 of 1961. Absence of Personal Status · Source page ٣٣٠
- Principle 64The Ja'fari school. It must be applied if both litigants are its followers. One of them differing in school. Its implication. Application of the school of Imam Malik to them both. - Matters relating to religious belief. Personal Status · Source page ٣٣١
- Principle 65The law applicable to a divorce action. Is the law of the last nationality acquired by the spouses during the marriage and before the divorce or before the action for it was filed. Absence of a common nationality. EffectPersonal Status · Source page ٣٣١
- Principle 66The rules of the Ja‘fari school. Must be applied if both parties are its adherents. Their differing in school, even if one is Ja‘fari. Its necessary consequence. Application of Law 51 of 1984. - Matters relating to religPersonal Status · Source page ٣٣١
- عدم الاعتذار بالجهل بأحكام قانون الأحوال الشخصية
Principle 68The rules in respect of which reference must be made to the law of the husband's nationality at the time the marriage was contracted. They are the substantive rules, not procedural matters. - It being established that boPersonal Status · Source page ٣٣٢- الاعتقاد الديني
Principle 69Publication of Personal Status Law No. 51/1984 in the Official Gazette on 23/7/1984. Its consequence: everyone is presumed to know it, and no person’s plea of ignorance of its provisions is accepted from that date. ExampPersonal Status · Source page ٣٣٢- Principle 70Matters concerning religious belief. Rulings thereon are based on acknowledgment through outward verbal expression. Its motives and reasons may not be investigated. A litigant's acknowledgment that he belongs to the SunnPersonal Status · Source page ٣٣٢
- Principle 71In matters relating to religious belief, acknowledgment according to the outward meaning of the words is accepted whenever the apparent circumstances - 332 - Personal Status do not belie it. Its motives should not be invPersonal Status · Source page ٣٣٢
- Principle 72Matters relating to religious belief. Judgments concerning them are based on the outward verbal declaration whenever the apparent circumstances do not belie it. Adjudication does not require examination of its motives, bPersonal Status · Source page ٣٣٣
- Principle 73Religious belief. Basing its rulings on outward verbal acknowledgment. Its condition. - The school of Imam Malik. Applies when one spouse is Sunni and the other Jaafari. Replacement thereof by the provisions of Law No. 5Personal Status · Source page ٣٣٣
- Principle 74Matters relating to religious belief. Adjudication thereof based on acknowledgment through outward verbal expression. Its condition: the apparent circumstances must not belie it. The judiciary may examine the consequencePersonal Status · Source page ٣٣٣
- Principle 75Matters relating to religious belief. Rulings thereon are based on acknowledgment through outward verbal declaration. Its condition. That the apparent circumstances do not belie it. Its implication. The judiciary may notPersonal Status · Source page ٣٣٣
- الإثبات في مسائل الاعتقاد الديني
Principle 78Matters concerning religious belief. Rulings thereon are based on acknowledgment through outward verbal expression.Personal Status · Source page ٣٣٥- الإثبات في مسائل الأحوال الشخصية
Principle 79Matters relating to religious belief. Rulings therein are based on acknowledgment through outward verbal expression. Example. - Proof in personal status matters:Personal Status · Source page ٣٣٥- Principle 80Testimony in the terminology of Islamic jurists. A truthful statement in a judicial session using the word of testimony. Its basis is sight or hearing. Testimony by repute. An exception to this principle and insufficientPersonal Status · Source page ٣٣٥
- Principle 81Harm warranting judicial divorce. Proof thereof by presumptions is permissible according to the school of Malik. Drawing these presumptions. Within the authority of the court of merits so long as it is reasonable.Personal Status · Source page ٣٣٥
- Principle 82Methods of establishing filiation in the school of Malik. The marital bed, acknowledgment, and evidence. What is meant by the marital bed.Personal Status · Source page ٣٣٥
- Principle 84Acknowledgment of lineage (affiliation) in the Maliki school. Establishment of filiation thereby. Its conditions.Personal Status · Source page ٣٣٥
- Principle 85Acknowledgment of a child’s lineage, that is, acknowledgment of paternity, in the school of Imam Malik. May only be made by the father.Personal Status · Source page ٣٣٥
- Principle 86The father's acknowledgment of the child's filiation to him. Its binding effect is confined to him, and the child's filiation to the mother is not established thereby. - 335 - Personal StatusPersonal Status · Source page ٣٣٥
- Principle 87The meaning of acknowledgment of paternity. In the school of Imam Malik. - Establishment of the child's filiation to the woman who bore it by the fact of birth. The reason for this. - The father's acknowledgment of the cPersonal Status · Source page ٣٣٦
- Principle 88Waqf in the Jaafari school. Methods of proving it. - Acknowledgment by some heirs, but not others, that the waqf was established. Consequence thereof. A ruling concerning their shares, to the exclusion of those of the otPersonal Status · Source page ٣٣٦
- Principle 89Li‘an (mutual imprecation) under the Hanafi school. Its purpose. Accusing the wife of adultery alone, or of adultery and disavowing the child. Its procedures, conditions and form of oath. - Li‘an in the Hanafi school. TePersonal Status · Source page ٣٣٦
- Principle 90Harm warranting judicial divorce. Its proof under the Iraqi Personal Status Law. Permissible by circumstantial evidence, direct testimony, testimony upon testimony, or testimony based on widely transmitted hearsay.Personal Status · Source page ٣٣٦
- Principle 92The requisite complement of witnesses differs according to the matter testified to. Where the matter testified to is ordinarily apparent to men and is unrelated to property, it is established by the testimony of two witnPersonal Status · Source page ٣٣٦
- Principle 93The witness must be free of suspicion of bias. A Sharia rule whose implication is the inadmissibility of an ascendant's testimony for his descendant - 336 - Personal Status and a descendant's for his ascendant. Other relPersonal Status · Source page ٣٣٦
- Principle 94Testimony of an ascendant for his descendant and of a descendant for his ascendant in the school of Imam Malik. Inadmissible under Sharia. The reason therefor. Example. - The judgment’s not relying in its ruling on the wPersonal Status · Source page ٣٣٧
- Principle 95Disagreement between the spouses as to whether maintenance has been provided, while agreeing on entitlement. Upon whom the burden of proof falls under the Ja'fari school. - Testimony by an ascendant for his descendant anPersonal Status · Source page ٣٣٧
- Principle 96The general rule concerning testimony is that a witness may not testify to something he has not personally observed. The exception. Matters of lineage, death and marriage. Hearsay testimony may be accepted in them. The cPersonal Status · Source page ٣٣٧
- Principle 98Divergence of the opinions of the arbitrators appointed in the action. Its effect. The court’s following ordinary procedures. Its resort to evidentiary investigation. Permissible. - The court’s inference from the statemePersonal Status · Source page ٣٣٧
- Principle 99Appointment of the two arbitrators. The general rule is that one should be from the husband's family and the second from the wife's family. The reason and basis for this. Appointment of the wife's father as her arbitratoPersonal Status · Source page ٣٣٨
- Principle 100Establishing marriage to a deceased person. Its requirement. Issuance of a judgment against him. - An action to establish marriage against a deceased person is admissible only within an action asserting another right. ThPersonal Status · Source page ٣٣٨
- Principle 101Disagreement between the spouses over receipt of the portion of the dower that has fallen due. The wife’s statement is accepted before consummation and the husband’s statement thereafter, unless there is evidence or custPersonal Status · Source page ٣٣٨
- Principle 102The requisite complement of witnesses to establish verbal resumption of marriage. Two men or one man and two women. The absence from the provisions of the Personal Status Law of a rule on proving resumption of marriage bPersonal Status · Source page ٣٣٨
- Principle 103Testimony by an ascendant for his descendant and by a descendant for his ascendant. Its inadmissibility. The reason therefor. The witness must be free from suspicion of partiality. Testimony by other relatives for one anPersonal Status · Source page ٣٣٨
- Principle 104Testimony. The general rule is that it must be direct. Testimony by common repute. Its admissibility in proving a husband's harm to his wife, whereby a witness testifies to something he did not personally perceive by sigPersonal Status · Source page ٣٣٨
- Principle 105Household furnishings and effects. Their nature: everything brought by the spouses for use in the matrimonial home. Their disagreement concerning them. Consequence: what is recognized as belonging to men is awarded to thPersonal Status · Source page ٣٣٩
- Principle 106Household furnishings and effects. Their meaning: what the spouses bring after consummation for use in the home. A dispute between them concerning these. Its implication: what is recognised as belonging to the man is awaPersonal Status · Source page ٣٣٩