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. أ – بوجه عام

    Principle 235Payment of loan installments by the person obliged to pay maintenance. Does not indicate impaired financial circumstances. The reason for that.Personal Status · Source page ٣٦٦
  2. Principle 236Understanding the facts, assessing the evidence submitted in the action, and awarding maintenance of its various types. Within the authority of the court of merits. The condition for this. - The Court of Appeal. Its righPersonal Status · Source page ٣٦٦
  3. Principle 237Maintenance in the Ja'fari school is not limited as to its types. The consideration therein is what a person needs for subsistence among life's requirements. This means that it varies in type, quantity, and manner accordPersonal Status · Source page ٣٦٦
  4. Principle 238Maintenance in the Ja'fari school is of two categories: the first comprises things whose benefit is obtained through consumption of their substance, such as food, drink and medicine; the second comprises things whose benPersonal Status · Source page ٣٦٦
  5. Principle 240The dwelling itself and its rental allowance in cash may not be combined at the same time. The general rule is performance of the obligation in kind. The person liable for maintenance showing respect for the dwelling. ItPersonal Status · Source page ٣٦٧
  6. Principle 241The housing obligation. The rule is that it is to be performed in kind. Providing it in kind. Its effect. No monetary allowance is awarded in its stead. The reason for that. The two may not be combined simultaneously. ThPersonal Status · Source page ٣٦٧
  7. Principle 242A settlement contract in Ja‘fari jurisprudence. Binding in itself and not dissolved except by the mutual consent of the settling parties or by rescission by the party entitled to rescind under the settlement. The necessaPersonal Status · Source page ٣٦٧
  8. Principle 243Forfeiture of the wife’s maintenance. Its criterion is her marital disobedience. When the wife is considered disobedient. - 367 - Personal StatusPersonal Status · Source page ٣٦٧
  9. Principle 247The criterion for forfeiture of a wife's maintenance on grounds of marital disobedience. Issuance of a final judgment requiring her obedience to her husband and proof of her refusal to comply with it.Personal Status · Source page ٣٦٨
  10. Principle 248Once the wife's maintenance becomes obligatory upon her husband. It is extinguished only by payment or release.Personal Status · Source page ٣٦٨
  11. Principle 250Assessment of maintenance is a matter of fact independently determined by the court of the merits, provided it bases its ruling on material having a foundation in the papers. Departure from this. Vitiates the judgment. EPersonal Status · Source page ٣٦٨
  12. Principle 251The Ja'fari school of jurisprudence. Its not including a temporal limit for the period of entitlement to spousal maintenance.Personal Status · Source page ٣٦٨
  13. Principle 252A wife’s maintenance under the school of Malik is extinguished only by payment or release. - The rule that a claim for a wife’s maintenance for a preceding period exceeding two years, ending on the date the action is filPersonal Status · Source page ٣٦٨
  14. Principle 253Lapse of the wife's maintenance. Its criterion. Establishment of her marital disobedience. Disobedience is established by her refusal to comply with the final judgment requiring her obedience to her husband after its serPersonal Status · Source page ٣٦٩
  15. Principle 254The rent for a minor's housing is borne by his father, with no one sharing that obligation. Exception. The female custodian's ownership of housing in which she actually resides or which has been allocated for her residenPersonal Status · Source page ٣٦٩
  16. Principle 255Assessment of the wife's maintenance payable by her husband according to their circumstances of affluence or hardship and the husband's financial capacity. Article 27 of Iraqi Law 188/1959. Its implication. The wife's afPersonal Status · Source page ٣٦٩
  17. Principle 256A husband owes his wife maintenance by virtue of a valid contract. An action therefor shall not be heard for a period exceeding two years ending. On the date the action is filed, except by mutual agreement.Personal Status · Source page ٣٦٩
  18. Principle 257The wife's housing in Ja'fari jurisprudence. It is the responsibility of her husband and must be appropriate to the circumstances of them both.Personal Status · Source page ٣٦٩
  19. Principle 258The wife going out to work under the Jordanian Personal Status Law. Conditional upon the husband's consent. Consent may be express or implied. The husband may withdraw it if an acceptable justification exists involving tPersonal Status · Source page ٣٦٩
  20. Principle 259The wife's entitlement to spousal maintenance despite leaving the matrimonial home. The Sharia criterion governing it. When the wife is not considered disobedient. The Jordanian Personal Status Law. - 369 - Personal StatPersonal Status · Source page ٣٦٩
  21. Principle 260Assessment of spousal maintenance in a manner appropriate to the husband's circumstances. And maintenance for the 2 young children in an amount sufficient for their needs. Within the authority of the court of fact.Personal Status · Source page ٣٧٠
  22. Principle 261Forfeiture of a wife’s maintenance. Its case. Proof of her refusal to execute the final judgment rendered in favor of her husband after service upon her, thereby rendering her recalcitrant.Personal Status · Source page ٣٧٠
  23. Principle 262Maintenance during the waiting period is spousal maintenance and is considered a strong debt in the school of Imam Malik, so it is extinguished only by payment or release. Personal Status Law 51/1984 does not apply to itPersonal Status · Source page ٣٧٠
  24. Principle 263Forfeiture of the wife's maintenance upon proof of her marital disobedience. An example concerning spouses of the Ja'fari school.Personal Status · Source page ٣٧٠
  25. Principle 264Waiting-period maintenance and consolatory maintenance. The divorced woman's entitlement to both. Exception. Divorce with the wife's consent. Example: concerning. Summoning the wife to obedience, her refusal, the establiPersonal Status · Source page ٣٧٠
  26. Principle 266A valid marriage contract is the basis of the husband's obligation to maintain his wife even if she is in her father's home. The condition thereof. - Extinguishment of the wife's maintenance. Its criterion. EstablishmentPersonal Status · Source page ٣٧٠
  27. Principle 267Under the Ja'fari school, where a husband refuses to maintain his wife, she may bring her matter before the judge to compel him to do one of two things: provide maintenance or divorce. The husband's refusal to do either Personal Status · Source page ٣٧٠
  28. Principle 268The wife's marital disobedience. Its basis and its effect in forfeiting her maintenance. The requirements for proving it are that the husband request her to surrender herself to him in execution of the final judgment reqPersonal Status · Source page ٣٧١
  29. Principle 269The wife's disobedience extinguishing her right to maintenance. The criterion for its establishment: bringing an obedience action against her and her refusal to execute the final judgment rendered therein after being serPersonal Status · Source page ٣٧١
  30. Principle 270A legal defense involving matters of fact. It may not be raised for the first time before the Court of Cassation. Example concerning a housing allowance.Personal Status · Source page ٣٧١
  31. Principle 271The entitlement of a wife and a woman observing the waiting period to maintenance from her husband in return for her being reserved for his right and benefit. - A wife’s entitlement to a servant’s wages. Its criterion. -Personal Status · Source page ٣٧١
  32. Principle 272The housing allowance due to the wife as part of her maintenance in return for her confinement for the husband's right and benefit. Its difference from the allowance for the custody residence, which forms part of the minPersonal Status · Source page ٣٧١
  33. Principle 273Forfeiture of marital maintenance. Its criterion. Proof of her refusal to execute a judgment of obedience and service thereof upon her, thereby rendering her recalcitrant. - Assessment of maintenance of all kinds. WithinPersonal Status · Source page ٣٧١
  34. Principle 274Maintenance of an indigent minor, including housing allowance, educational expenses, and the wages of a female servant if needed. It is incumbent upon his financially capable father to the extent sufficient for the minorPersonal Status · Source page ٣٧٢
  35. Principle 275Redressing the wife's desolation for the one who parted from her and consoling her. Among the virtues required by Sharia. Exception: if the separation was at her request or for a cause attributable to her, or upon the huPersonal Status · Source page ٣٧٢
  36. Principle 276Restricting the hearing of an action for an increase or reduction in maintenance until a year has elapsed. Its limitation to spousal maintenance, excluding maintenance of relatives. The reason therefor. - Judgments rendePersonal Status · Source page ٣٧٢
  37. Principle 277Assessment of spousal maintenance in its various forms. A factual matter within the exclusive competence of the court of fact, provided it bases its ruling on adequate reasons grounded in the established record. - The wiPersonal Status · Source page ٣٧٢
  38. Principle 278The wife's residence in the matrimonial home. Extinguishes the husband's obligation to pay her a housing allowance.Personal Status · Source page ٣٧٢
  39. Principle 279Both parties to the maintenance action belonging to the Ja'fari school. Effect thereof. Maintenance is due from the date of judgment, not from the date the action was brought. Basis thereof. Article 205 of the Personal SPersonal Status · Source page ٣٧٢
  40. Principle 280Both spouses’ adherence to the Ja‘fari school. Its effect. Application of its rules to them, including the rules of evidence. The statement of the wife living in the husband’s home. Is accepted only with evidence; if shePersonal Status · Source page ٣٧٣
  41. Principle 282The legislature has imposed upon the husband maintenance for his wife in its 3 categories, together with the associated medical treatment, a servant's wages and other items, according to custom and the husband's circumstPersonal Status · Source page ٣٧٣
  42. Principle 284Maintenance for the wife is obligatory upon her husband, and for a poor child incapable of earning, however far down the line of descent, until becoming self-sufficient, upon his well-to-do father. - Maintenance includesPersonal Status · Source page ٣٧٣
  43. Principle 285The rule regarding the housing obligation. It is to be provided in kind. If that is available, the obligation does not shift to rent. The judgment's award, notwithstanding that, of housing rent within comprehensive spousPersonal Status · Source page ٣٧٤
  44. Principle 286The court’s omission to adjudicate a substantive claim through oversight or error. Leaves the claim pending before it without adjudication. The judgment’s ruling, in its reasons or operative part, expressly or implicitlyPersonal Status · Source page ٣٧٤
  45. Principle 287A wife’s entitlement to maintenance of all kinds, including housing rent, from her husband in return for her being reserved for his right and benefit. Forfeiture of her entitlement upon proof of her refusal to execute thPersonal Status · Source page ٣٧٤
  46. Principle 288An action for spousal maintenance for a period preceding the two years ending on the date the action is brought. It shall not be heard unless the maintenance was fixed by mutual agreement. The basis for this.Personal Status · Source page ٣٧٤
  47. Principle 290The Ja'fari school. It contains no temporal limitation on the period for which marital maintenance is due. Reason for this. It is extinguished only by payment or release.Personal Status · Source page
  48. Principle 291The wife's maintenance payable by her husband. Its basis. The marriage contract. The reason. Her being reserved for the husband's right. Its obligation - 374 - Personal Status according to the husband's affluence and harPersonal Status · Source page
  49. Principle 292The wife's maintenance in the Ja'fari school. The criterion for awarding it. Providing what she needs for her livelihood. Each case differs from the other. Reason for this.Personal Status · Source page
  50. Principle 293Assessment of maintenance in its various forms. A question of fact. The court of merits has sole discretion over it. Its condition. - Entitlement to a servant's wages. Its condition. The husband's affluence and the wife'Personal Status · Source page
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