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 161The final claims are decisive in determining the court's adherence to the limits of the claims submitted to it. - The judge's ratification of a settlement—in matters other than those relating to public policy—conclusivelPersonal Status · Source page ٣٥٠
  2. Principle 162The plea that a matrimonial-status action may not be heard in the event of denial. Its aim and the reason for its establishment. Its relation to public policy. Effect thereof. The court may rule on it of its own motion.Personal Status · Source page ٣٥٠
  3. Principle 163The judgment’s requiring the appellant to pay the respondent her dower because it becomes due under a valid marriage contract. The ground of challenge that this obligation had not been confirmed by consummation or valid Personal Status · Source page ٣٥٠
  4. Principle 164Divorce attributed to a past date. The general rule is that it takes effect from the time the husband acknowledges it. The wife's confirmation of the attribution of her divorce to a past date. Waiver of her right to mainPersonal Status · Source page ٣٥٠
  5. Principle 165The court of fact's obligation to adhere to the litigants' claims and not go beyond them. The challenged judgment granting the respondent's request for separation without addressing the determination of financial obligatPersonal Status · Source page ٣٥٠
  6. Principle 166The substantive conditions for the validity of marriage. Their determination. Its reference point. The spouses' nationality if it is the same. - 350 - Personal Status Their differing in nationality. Its effect. Recourse Personal Status · Source page ٣٥٠
  7. Principle 167Challenging a contract as void for failure to observe the legal formalities for its formation or validity. Permissible only for those for whose protection these formalities were prescribed.Personal Status · Source page ٣٥١
  8. Principle 169There is no marriage without a guardian—in the school of Imam Malik—unless it is established that he previously declared his daughter legally mature or that he unjustifiably obstructed her marriage. Example.Personal Status · Source page ٣٥١
  9. Principle 173An action concerning marriage. The general rule is that it shall not be heard upon denial. The exception. Its establishment by an official document or acknowledgment of the marital relationship in official papers. UnlessPersonal Status · Source page ٣٥٢
  10. Principle 174Conclusion of a valid marriage. Its condition. Offer by the wife’s guardian and acceptance by the husband or their representatives. - The statutory provision being unqualified in identifying who has guardianship to conclPersonal Status · Source page ٣٥٢
  11. Principle 175The guardian's obstruction of the girl's marriage and his refusal to marry her off without a valid reason. Its effect. Referral of the matter to the judge to order her marriage after verifying the suitor's suitability. TPersonal Status · Source page ٣٥٢
  12. Principle 176A request by one spouse for annulment of the marriage. Its condition. The existence in the other spouse of an entrenched defect among repellent or harmful defects. Either spouse's knowledge of the defect before the contrPersonal Status · Source page ٣٥٣
  13. Principle 177The plea that a matrimonial-status action may not be heard in the event of denial. Its cases: where the marriage is not established by an official document, or where the denial was not preceded by an acknowledgment of thPersonal Status · Source page ٣٥٣
  14. Principle 178Maintenance is obligatory for a woman observing a waiting period following divorce, annulment, or consummation of an irregular marriage or intercourse under a mistaken belief of lawfulness. Article 162 of Law 51/1984 conPersonal Status · Source page ٣٥٣
  15. Principle 179Authentication of a marriage contract or divorce at the Ja'fari Authentication Department does not, in itself, indicate that the litigants belong to a particular school of jurisprudence. Example concerning the court's apPersonal Status · Source page ٣٥٣
  16. Principle 180The husband's capacity. The provisions of Law No. 51/1984 concerning Personal Status apply thereto, rather than the Civil Code. The reason for this. It is a special law containing rules governing capacity to marry. - ConPersonal Status · Source page ٣٥٤
  17. Principle 181Marriage of a Muslim woman to a non-Muslim man. A void marriage producing none of the effects of a valid marriage. Its condition. Establishment of knowledge of the prohibition and its reason. Ignorance is not regarded asPersonal Status · Source page ٣٥٤
  18. Principle 182The rules for which reference must be made to the law of the husband's nationality at the time of contracting marriage. They are substantive rules, not procedural matters. - Establishment that both parties are PalestiniaPersonal Status · Source page ٣٥٤
  19. Principle 183A wife's claim for a housing allowance as part of the maintenance due to her because she is reserved for the husband's right and benefit. Its distinction from a claim for a custodial housing allowance, which forms part oPersonal Status · Source page ٣٥٥
  20. Principle 184The condition must be recorded in the marriage contract document. Article 41, Law 51 of 1984. The reason for that. To preclude disputes and falsehood in alleging and proving any such conditions. The consequence of that. Personal Status · Source page ٣٥٥

  21. الولاية في الزواج والعضل

    Principle 185An action concerning the marital relationship. The general rule is that it shall not be heard upon denial. The exception. Its establishment by an official document. Acknowledgment of marriage recorded in an official papePersonal Status · Source page ٣٥٥
  22. Principle 191The father has authority to compel his virgin daughter to marry, provided he has not previously declared her of sound judgment and wrongful obstruction of marriage has not been established against him. - Meaning of the sPersonal Status · Source page ٣٥٦
  23. Principle 192The rule established in the Maliki school that a legally competent father may marry off his adult virgin daughter compulsorily without her consent. The legislature’s departure from it in Law 51/1984 to require a wife betPersonal Status · Source page ٣٥٧
  24. Principle 198Conclusion of a valid marriage. Its condition. Offer by the wife's guardian and acceptance by the husband or those acting in their stead. - The statutory provision being unrestricted in specifying who has guardianship toPersonal Status · Source page ٣٥٨
  25. Principle 199The husband's capacity. The provisions of Law No. 51/1984 concerning Personal Status apply thereto, rather than the Civil Code. The reason for this. It is a special law containing rules governing capacity to marry. - ForPersonal Status · Source page ٣٥٨
  26. Principle 200Obstructing a woman’s marriage means unjustly preventing her from marrying. A guardian’s obstruction of the marriage of a girl under his guardianship. Effect thereof. Entrusting the matter to the judge, not to the guardiPersonal Status · Source page ٣٥٨

  27. توثيق عقد الزواج وآثاره

    Principle 203Compatibility in marriage in Islamic jurisprudence means equality or closeness between the spouses in specified matters, such that the husband is not inferior to the wife, lest she or her guardians be reproached. ElementPersonal Status · Source page ٣٥٩

  28. الدخول

    Principle 206The respondent's—the wife's—request to obtain a marriage contract for herself with the addition of the designation “undetermined nationality” in the field for the wife's nationality. It is in truth a dispute in which thePersonal Status · Source page ٣٦٠
  29. Principle 207The judgment's order requiring the appellant to pay the respondent her dower because it is due under the valid marriage contract. The complaint that this obligation had not been confirmed by consummation or valid seclusiPersonal Status · Source page ٣٦٠

  30. الخلوة

    Principle 208The spouses’ disagreement concerning consummation. The denier’s statement is accepted upon oath according to the Jaafari school. Criterion for applying this rule. - Proving the alleged fact by any means of proof prescribPersonal Status · Source page ٣٦٠
  31. Principle 211Dissolution of a valid marriage after consummation. Its implication. The obligation to pay consolatory compensation. Absence of a provision concerning consolatory compensation for a woman divorced after private seclusionPersonal Status · Source page ٣٦١

  32. الزواج الباطل

    Principle 212Consolatory payment upon divorce according to the Hanafi school. It is obligatory for the woman who delegated her affairs to her guardian if she is divorced before consummation and seclusion. For a woman who did not so dPersonal Status · Source page ٣٦١
  33. Principle 213Challenging a contract as void for failure to observe the legal formalities for its formation or validity. Permissible only for those for whose protection these formalities were prescribed.Personal Status · Source page ٣٦١

  34. المهر

    Principle 217Where the spouses disagree as to receipt of the dower, the wife's word prevails before consummation and the husband's thereafter, unless there is evidence or custom to the contrary. Example of an adequate response to thePersonal Status · Source page ٣٦٢
  35. Principle 218The legal fact giving rise to the right to deferred dower is marriage, and to waiting-period maintenance and consolatory compensation is divorce. Its implication. The legal cause of each is separate. Inclusion of both inPersonal Status · Source page ٣٦٢
  36. Principle 219The legal event giving rise to the right to deferred dower is marriage. With respect to a claim for maintenance - 362 - Personal Status during the waiting period and consolatory maintenance, it is divorce. Implication thPersonal Status · Source page ٣٦٢
  37. Principle 220Mistreatment on the wife’s part. Its implication. Her obligation to return the dowry she received and forfeiture of her financial rights arising from marriage and divorce. Article 130/b of Law 51 of 1984. Example.Personal Status · Source page ٣٦٣
  38. Principle 221Under the Ja'fari school, the wife may withhold conjugal access before receiving the immediately payable dower, whether or not the husband is able to pay. Her granting him access to herself. She may not thereafter withhoPersonal Status · Source page ٣٦٣
  39. Principle 222The general rule is that judgments rendered in personal status matters are first-instance judgments subject to appeal regardless of the value of the dispute. Exception: judgments concerning inheritance, wills, endowmentsPersonal Status · Source page ٣٦٣
  40. Principle 223The spouses' disagreement over the wife's receipt of the prompt dower before consummation. Its implication. Her statement prevails upon her oath. Exception: the existence of contrary evidence or custom. Example.Personal Status · Source page ٣٦٣
  41. Principle 224The legal basis for claiming dower and the wife's maintenance is a valid marriage contract. The action is valued at their combined amount. Continuing maintenance is of indeterminate value. Judgments awarding it may be apPersonal Status · Source page ٣٦٣
  42. Principle 225Deferral of dower under the Ja'fari school. Its condition: the term must be specified. Leaving the term unspecified. Effect thereof: lapse of the term and immediate maturity of the dower. Implication thereof. It may be cPersonal Status · Source page ٣٦٤
  43. Principle 226Determination of financial rights in separation on grounds of harm. Its basis. Identifying the offending spouse. Mistreatment on the husband’s part. Its implication. Requiring him to discharge all rights arising from marPersonal Status · Source page ٣٦٤
  44. Principle 227Obliging the wife to return the dower she received. Its condition. That the wrongdoing be entirely on her part. - The judgment's conclusion rejecting the request to oblige the wife to return the dower because the papers Personal Status · Source page ٣٦٤
  45. Principle 228The wife's right to consolatory maintenance. Its forfeiture where she requests separation and it is impossible to identify the party at fault. Her right to collect deferred dower and waiting-period maintenance. Its forfePersonal Status · Source page ٣٦٤
  46. Principle 229A woman divorced before consummation is entitled to half the specified dower under the Ja'fari school. The judgment's adherence to this. A correct ruling. What does not alter that.Personal Status · Source page ٣٦٤

  47. الجهاز ومتاع البيت

    Principle 230Judgments rendered in personal status matters. Their appealability as a general rule regardless of the value of the action. The exception. Matters relating to inheritance, wills, endowments, and dower. Article 34/2 of thPersonal Status · Source page ٣٦٤
  48. Principle 232Financial rights under Sharia. Such as deferred dower and maintenance. Their collection by agreement before they fall due. This is regarded as cancellation of the term fixed for them.Personal Status · Source page
  49. Principle 233The incidental claim raised for the first time before the Court of Appeal for termination of custody. A new claim aimed at terminating custody and not merely dismissing the maintenance action. The judgment's refusal to aPersonal Status · Source page
  50. Principle 234Deduction from or attachment of an employee's salary is impermissible except to satisfy maintenance awarded by judgment, to discharge sums claimed from him by the Government on account of the performance of his duties, oPersonal Status · Source page
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