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. - الإثبات في مسائل الأحوال الشخصية

    Principle 107Failure to raise the issue of the appearance of signs of puberty in the child before the Court of Appeal. A new defence involving mixed questions of fact and law. Its effect. Its inadmissibility before the Court of CassaPersonal Status · Source page ٣٣٩
  2. Principle 108The general rule in testimony is that a witness may not testify to something he did not personally perceive by sight or hearing. The exception: matters including lineage, death, and marriage. The Sharia-compliance of thePersonal Status · Source page ٣٣٩
  3. Principle 109Maintenance is due to a woman observing the waiting period following divorce, annulment, or consummation of an irregular marriage or intercourse under a mistaken belief of lawfulness. It is extinguished only by payment oPersonal Status · Source page ٣٣٩
  4. Principle 110Testimony by hearsay in the school of Malik. Permissible, contrary to the general rule, in establishing lineage, unless the period of hearing has been prolonged. - Women’s testimony in the Maliki school. Accepted from thPersonal Status · Source page ٣٣٩
  5. Principle 111Dispute concerning establishment of paternity in respect of an infertile man or one suffering from a congenital defect or disease preventing him from fathering a child. The trial court may seek assistance from experts. TPersonal Status · Source page ٣٤٠
  6. Principle 112The substantive rules of the law of the husband's nationality at the time of the marriage contract apply to the effects arising from the marriage contract, whereas procedural rules are governed by Kuwaiti law as the law Personal Status · Source page ٣٤٠
  7. Principle 113What counts as testimony is the testimony given by the witness before the court after taking the oath, and written declarations submitted by the litigants have no value.Personal Status · Source page ٣٤٠
  8. Principle 114A witness may not testify to something he did not personally perceive by sight or hearing. - The Court of Appeal may differ from the court of first instance in assessing witnesses' statements. Example.Personal Status · Source page ٣٤٠
  9. Principle 115The absence from the Personal Status Law and the doctrine of Imam Malik of a provision governing how testimony is recorded before the courts. The Evidence Law No. 39 of 1980 must be applied. - The distinction between eviPersonal Status · Source page ٣٤٠
  10. Principle 116The minimum gestation period is six lunar months and the maximum is three hundred and sixty-five days. The basis for this. - The nature of the two conditions for establishing a child's parentage in a valid marriage. AbsePersonal Status · Source page ٣٤١
  11. Principle 117The spouses’ disagreement over whether maintenance was provided and their agreement on entitlement. The wife’s statement is accepted upon her oath if the husband is absent or the wife lives apart from him. And he must prPersonal Status · Source page ٣٤١
  12. Principle 118The witness. Must be free of suspicion of bias. Its implication. Testimony by an ascendant for his descendant and vice versa, or by one spouse for the other. Inadmissible. Testimony of other relatives may be relied upon.Personal Status · Source page ٣٤١
  13. Principle 119Spouses disputing the furnishings of the matrimonial home. Its implication. If either adduces proof of his or her claim, judgment is rendered in accordance with it. Absence of proof. Its effect. What is suitable only forPersonal Status · Source page ٣٤١
  14. Principle 120Procedures of proof are subject to the Code of Civil Procedure. Rules of evidence relating to the evidence itself, such as specifying the conditions necessary for its validity and stating its weight and legal effect. ThePersonal Status · Source page ٣٤١
  15. Principle 121The burden of proof rests upon whoever asserts a departure from the presumed position. - Custody. The presumption is that it belongs to women. Conditions of entitlement to it. Example.Personal Status · Source page ٣٤٢
  16. Principle 122Identifying which spouse is at fault when the opinions of the two arbitrators differ. A discretionary power of the court of merits. Rationale thereof. It falls within its authority to ascertain the facts and examine the Personal Status · Source page ٣٤٢
  17. Principle 123The Sharia rule is that proof is incumbent on the claimant and the oath on the denier. Reason therefor. The claimant who asserts something contrary to the apparent state is required to produce strong evidence, namely proPersonal Status · Source page ٣٤٢
  18. Principle 124The rule that proof by testimony is inadmissible in cases where proof in writing is required. Not among the rules of evidence under Sharia. The implication thereof. It may not be invoked in personal status matters.Personal Status · Source page ٣٤٢
  19. Principle 125An ascendant's testimony for his descendant and a descendant's for his ascendant. Its inadmissibility. The reason for this: the witness must be free of suspicion of bias. The testimony of all other relatives for one anotPersonal Status · Source page ٣٤٢
  20. Principle 126Divergence of the arbitrators’ opinions or their failure to submit reports in the action. Its implication. Proving the action through ordinary procedures. - 342 - Personal StatusPersonal Status · Source page ٣٤٢
  21. Principle 127The spouses' disagreement as to whether maintenance has been provided, and their agreement as to entitlement under the Ja'fari school. Its implication where the husband is absent and the wife lives apart from him. Her stPersonal Status · Source page ٣٤٣
  22. Principle 128One spouse harming the other by words or deeds. Its consequence. Each has the right to seek judicial separation. The court's failure to reconcile them. Its effect. Appointment of two arbitrators. Their disagreement. The Personal Status · Source page ٣٤٣
  23. Principle 129An ascendant’s testimony for his descendant and a descendant’s testimony for his ascendant are inadmissible under Islamic law. Reason therefor. - Assessment of witness statements and preference for those found reliable. Personal Status · Source page ٣٤٣
  24. Principle 130Understanding the facts of the case and assessing evidence and testimony and accepting parts thereof. Matters for the trial court. Condition thereof. The court’s following the parties through the various aspects of theirPersonal Status · Source page ٣٤٣
  25. Principle 131The general rule is that testimony must be direct. The reason: testimony derives from observation. Permissibility of relying on testimony by common repute to establish a husband’s harm to his wife. The condition thereof.Personal Status · Source page ٣٤٣
  26. Principle 132A request by either spouse for annulment of the marriage. Its condition. The existence in the other spouse of an incurable defect among repellent or harmful defects. Either spouse's knowledge of the defect before the conPersonal Status · Source page ٣٤٤
  27. Principle 133The wife's right to consolatory compensation. Its forfeiture where she requests separation and it is impossible to identify which party is at fault. Her right to recover deferred dower and waiting-period maintenance. ItsPersonal Status · Source page ٣٤٤
  28. Principle 134Understanding the facts of the case, assessing evidence, including witness testimony, and preferring what is considered reliable. A matter for the trial court. Condition thereof. Example of sound reasoning for rejecting Personal Status · Source page ٣٤٤
  29. Principle 135Testimony by repute. Its admissibility to prove harm within marital life. Its condition: that the report be widespread among upright persons and come from trustworthy persons. Invalidity of the testimony if the witness sPersonal Status · Source page ٣٤٥
  30. Principle 136The requisite number of witnesses in Hanbali jurisprudence. It varies according to the subject of testimony. If it is neither property nor intended to obtain property, such as marriage, divorce, resumption of marriage, kPersonal Status · Source page ٣٤٥
  31. Principle 137Law 51 of 1984. Its failure to address how the occurrence of divorce is to be proven. Necessary consequence thereof. Recourse in this regard to the generally accepted opinion in the school of Imam Malik. Article 343 of tPersonal Status · Source page ٣٤٥
  32. Principle 139Authentication of a marriage or divorce contract at the Jaafari Authentication Section. Does not in itself indicate a particular school of the litigants. An example concerning the court's application of the rules of the Personal Status · Source page ٣٤٥
  33. Principle 140Household furnishings and effects are everything brought by the spouses or either of them for use in the matrimonial home. Their disagreement concerning them. Whichever of them establishes proof of their claim receives jPersonal Status · Source page ٣٤٦
  34. Principle 141The trial court is not obliged to undertake an evidentiary measure it does not consider necessary. Its condition. The evidence in the action is sufficient for it to form its conviction. Example of tenable reasons for estPersonal Status · Source page ٣٤٦
  35. Principle 142The wife's marital disobedience extinguishing her right to maintenance. The criterion for its occurrence. Bringing an obedience action against her and her refusal to execute the final judgment rendered therein after its Personal Status · Source page ٣٤٦
  36. Principle 143The wife’s oath relating to household effects. A special oath. Inapplicability of the Law of Evidence in this regard. Reason therefor.Personal Status · Source page ٣٤٦
  37. Principle 144The required complement of witnesses—in the Maliki school—varies according to the matter testified to. If it is a matter apparent to men and is neither property nor intended to obtain property—including custody and fitnePersonal Status · Source page ٣٤٦
  38. Principle 145The general rule is that testimony must be direct. - Testimony by common repute admissible to prove a husband's harm to his wife. Its meaning: testifying to something - 346 - Personal Status that the witness neither saw Personal Status · Source page ٣٤٦

  39. بوجه عام

    Principle 148A defect in either spouse—according to the jurisprudence of Imam Malik—entitles the other to choose rejection or retention. Rejection for a defect is dissolution by divorce. - Separation for one of the defects entitling Personal Status · Source page ٣٤٨
  40. Principle 149The two Muslim Kuwaitis whose marriage contract was concluded in Egypt: their marriage is governed by Kuwaiti law. Marriage under this law. Can only take place through the wife’s guardian.Personal Status · Source page ٣٤٨
  41. Principle 150Guardianship in marriage. Its nature. A Hanafi judge's approval of a marriage contracted by the girl herself. A Maliki judge may not overturn it. In hearing an action for annulment of marriage, the judge may examine the Personal Status · Source page ٣٤٨
  42. Principle 151The father’s refusal to marry his adult virgin daughter to a suitable match without a Sharia justification. Wrongful obstruction of marriage. The judge may marry her off as the person entrusted with averting injustice.Personal Status · Source page ٣٤٨
  43. Principle 153Proof of payment of a dower to the wife. Its effect. No type of shafar marriage is established. - 348 - Personal StatusPersonal Status · Source page ٣٤٨
  44. Principle 154The consent of a wife who has not previously been declared of sound judgment and whose guardian has not been found to have wrongfully obstructed her marriage is not a condition for the valid conclusion of her marriage.Personal Status · Source page ٣٤٩
  45. Principle 155A father has authority to compel his virgin daughter to marry, provided that he has not previously declared her legally competent or been found to have unjustifiably prevented her marriage. - The meaning of compatibilityPersonal Status · Source page ٣٤٩
  46. Principle 156The wife's entitlement to the whole specified dower under the Iraqi Personal Status Law upon consummation. This encompasses all types of consummation. Example.Personal Status · Source page ٣٤٩
  47. Principle 157The rule established in the Maliki school that a father of sound judgment may forcibly marry off his adult virgin daughter without her consent. The legislature departed from it in Law 51/1984 in favor of requiring a wifePersonal Status · Source page ٣٤٩
  48. Principle 158Marriage in the school of Imam Malik. The guardian's consent is required for its conclusion unless it is established that he previously declared his daughter legally competent or that he unjustifiably prevented her marriPersonal Status · Source page ٣٤٩
  49. Principle 159Publication of Personal Status Law No. 51/1984 in the Official Gazette on 23/7/1984. Its effect. Everyone is presumed to know it, and no person's plea of ignorance of its provisions is accepted from that date. Example coPersonal Status · Source page ٣٤٩
  50. Principle 160The effects arising from marriage are subject to the law of the husband's nationality at the time the marriage was contracted. - The basis of spousal maintenance under the Family Rights Law applicable in the Gaza Strip. Personal Status · Source page ٣٤٩
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