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 294Maintenance under the Ja'fari school. It has no amount fixed by Sharia. Its criterion is meeting the wife's living needs in a manner appropriate to her standing relative to her husband. Each case differs according to itsPersonal Status · Source page ٣٧٥
  2. Principle 295The maintenance forfeited through divorce by mutual release is that whose waiver was stipulated. The wife's waiver, in the attestation of divorce by mutual release, of waiting-period maintenance, consolatory compensationPersonal Status · Source page ٣٧٥
  3. Principle 296A claim for spousal maintenance and the immediately payable dowry. The legal fact giving rise to the right to both is a valid marriage contract. The first claim being incapable of valuation. Its implication. It may be apPersonal Status · Source page ٣٧٥
  4. Principle 297A valid marriage contract is the basis of the husband’s obligation to maintain his wife in return for his reserving her for himself. The reason for this. Termination of marriage by divorce or judicial divorce. Its effectPersonal Status · Source page ٣٧٥
  5. Principle 302The primary obligation regarding maintenance in the Ja'fari school is the actual food, drink, housing and the like. The exception is an agreement to provide the price of those maintenance items. - The wife's residence inPersonal Status · Source page ٣٧٦
  6. Principle 303Maintenance fixed by agreement admits of change and alteration and is subject to extinguishment, increase, and reduction owing to changes in its grounds and the circumstances under which it was agreed. Assessment thereofPersonal Status · Source page ٣٧٧
  7. Principle 304A judgment refusing to order the appellant to pay the price of a car and the expenses of recruiting a driver, while ordering him to pay a driver's wages despite the existence of a car for the driver to operate not being Personal Status · Source page ٣٧٧
  8. Principle 305Understanding the facts of the case, assessing maintenance, and determining the date of refusal to pay it. A matter for the court of fact. The condition for that. Example of adequate reasoning for imposing spousal and miPersonal Status · Source page ٣٧٧
  9. Principle 306The court of merits may order a stay of the action if it considers that judgment on its subject matter is contingent upon determination of another issue on which the judgment depends. Article 90 of the Procedures Law. ItPersonal Status · Source page ٣٧٧
  10. Principle 309Marital maintenance under the Ja‘fari school is incumbent upon the husband from the contract until the wedding, provided that she is a permanent wife and obedient to him in matters in which she must obey him. Her maintenPersonal Status · Source page ٣٧٨
  11. Principle 310Determining the date of refusal to pay maintenance and the duration of the refusal. A factual matter within the authority of the court of merits. The condition and reason for this. Example.Personal Status · Source page ٣٧٨
  12. Principle 311Financial rights arising from a valid marriage are extinguished by expressions capable of conveying waiver, such as khul', as it is a contract for consideration. - Understanding the facts of the action, ascertaining its Personal Status · Source page ٣٧٨
  13. Principle 314The obligation to provide the matrimonial home. The rule is that it be provided in kind. Its availability: its implication. The obligation does not shift to rent.Personal Status · Source page ٣٧٩
  14. Principle 316Assessment of maintenance in its various forms, its increase or reduction, and the extent of the financial means of the person liable for it. Matters of fact for the trial court. The condition therefor. - The Court of ApPersonal Status · Source page ٣٧٩

  15. ج – نفقة العلاج

    Principle 318A wife is entitled to maintenance from her husband in all its forms, including medical treatment, domestic service, and other items, according to custom and the husband's financial circumstances. - Assessment of maintenaPersonal Status · Source page ٣٨٠

  16. أحكام المسكن والطاعة

    Principle 319The legislature has required the husband to provide his wife with maintenance of its 3 types and the associated medical treatment, servant’s wages, and other items, according to custom and the husband’s financial ease orPersonal Status · Source page ٣٨٠
  17. Principle 320Assessment of the appellant's failure to prepare a dwelling for his wife as a condition for her making herself available to him. For the court of merits.Personal Status · Source page ٣٨٠
  18. Principle 321An obedience action differs from an action for judicial divorce on grounds of harm. Appointment of two arbitrators to reconcile the spouses is not required in an obedience action. - 380 - Personal StatusPersonal Status · Source page ٣٨٠
  19. Principle 322Assessment of whether the husband is trustworthy toward his wife. Within the authority of the trial court, provided that it is reasonable.Personal Status · Source page ٣٨١
  20. Principle 323Examining whether the conditions of the obedience residence are satisfied. A factual matter independently determined by the court of merits.Personal Status · Source page ٣٨١
  21. Principle 324An obedience action differs from an action for divorce on grounds of harm. Reason for this. A judgment rendered in an obedience action does not preclude hearing an action for divorce on grounds of harm.Personal Status · Source page ٣٨١
  22. Principle 325Assessment of whether the home designated for marital obedience contains basic necessities of life and adequate facilities. Within the authority of the court of merits, provided it is reasonable.Personal Status · Source page ٣٨١
  23. Principle 326The Sharia-compliant dwelling is a dwelling appropriate to comparable persons. What is to be considered in it. - Assessing whether the house of obedience contains basic necessities of life and facilities and is consistenPersonal Status · Source page ٣٨١
  24. Principle 327The husband's possession of the trustworthiness necessary for the wife to enter into his obedience. Its assessment is a matter of fact.Personal Status · Source page ٣٨١
  25. Principle 328The obedience dwelling containing the basic necessities of life and complete facilities consistent with the husband's social standing, and the husband's satisfaction of the requirements of trustworthiness. Their assessmePersonal Status · Source page ٣٨١
  26. Principle 329The wife's leaving the matrimonial home without a Sharia justification. Marital disobedience forfeiting her maintenance. If there is a Sharia justification, she is not deemed disobedient or entitled to maintenance. - 381Personal Status · Source page ٣٨١
  27. Principle 330The wife’s maintenance. Its forfeiture through marital disobedience by her refusal to comply with the final judgment of obedience after being served with it.Personal Status · Source page ٣٨٢
  28. Principle 331The criterion for spousal maintenance under the Family Rights Law applicable in the Gaza Strip. The wife's obedience and residence in the lawful matrimonial dwelling. Failure to comply. The wife's marital disobedience anPersonal Status · Source page ٣٨٢
  29. Principle 332Issuance of a final obedience judgment. Its effect on the marital disobedience action: matters it determined and upon which it based its ruling may not be raised again.Personal Status · Source page ٣٨٢
  30. Principle 333A defense not raised before the court of merits. Raising it for the first time before the Court of Cassation. Is inadmissible unless it concerns public policy. An example concerning a request to inspect an obedience dwelPersonal Status · Source page ٣٨٢
  31. Principle 334An action for marital obedience differs in its subject matter and cause from an action for judicial divorce on grounds of harm. Basis thereof. Example.Personal Status · Source page ٣٨٢
  32. Principle 335Inferring that the home of obedience contains the basic necessities of life and that the husband is trustworthy. Within the authority of the trial court. The condition for this.Personal Status · Source page ٣٨٢
  33. Principle 336The court of merits' adherence to the claims submitted by the litigants in the action does not prevent it from awarding what necessarily and factually falls within the scope of those claims. A claim to terminate the custPersonal Status · Source page ٣٨٢
  34. Principle 337Deeming the wife disobedient under the Palestinian Family Rights Law issued by Order 303 / 1954. Its conditions. The husband's abandonment of his right to obedience does not entail forfeiture of the wife's right to maintPersonal Status · Source page ٣٨٣
  35. Principle 338Hearing an action for marital obedience is conditional upon the subsistence of the marriage. Absence thereof. Its effect. A man has no right to obedience from a divorced woman whose divorce from him has been decreed.Personal Status · Source page ٣٨٣
  36. Principle 339Acceptance of testimony based on common report as to harm. The reason. An example in an obedience action.Personal Status · Source page ٣٨٣
  37. Principle 340Assessment of whether the husband satisfies the conditions of trustworthiness for the wife to enter into obedience to him. A matter of fact.Personal Status · Source page ٣٨٣
  38. Principle 341The difference between an obedience action and a marital disobedience action, on the one hand, and an action for judicial divorce for harm, on the other. The points of difference. What they are. - The judgment requiring Personal Status · Source page ٣٨٣
  39. Principle 342The court of merits deciding the obedience action and the judicial divorce action each by a separate ruling. Absence of an interest in challenging this. - A judicial divorce necessarily entails dismissal of the obediencePersonal Status · Source page ٣٨٣
  40. Principle 343An action for marital obedience and an action for marital disobedience. Each differs from an action for judicial divorce on grounds of harm. The criterion for bringing each. The consequence thereofPersonal Status · Source page ٣٨٣
  41. Principle 344The husband may accommodate with his wife in the matrimonial home his children who have not attained discernment and those whom - 383 - Personal Status necessity requires him to accommodate with him from among his other Personal Status · Source page ٣٨٣
  42. Principle 345A wife’s departure from the marital home with a Sharia justification. No recalcitrance. Its implication. Maintenance is due to her.Personal Status · Source page ٣٨٤
  43. Principle 346Forfeiture of spousal maintenance. Its criterion. Proof of her refusal to comply with a judgment of obedience issued and served upon her, thereby rendering her disobedient.Personal Status · Source page ٣٨٤
  44. Principle 347A wife’s maintenance. Its basis. The marriage contract by which she is reserved for the husband’s right; her maintenance is therefore payable from his property even if she is in her father’s home, prepared to obey him. HPersonal Status · Source page ٣٨٤
  45. Principle 348The Personal Status Law's lack of a specification of the required complement of witnesses in matters concerning marital obedience. Its effect. Recourse to the school of Imam Malik, which specifies a complement of 2 men aPersonal Status · Source page
  46. Principle 349The husband must house his wife in housing appropriate to persons like him, taking into account, in determining it, custom, changes over time, the husband's circumstances and his social standing. Contravention of this. IPersonal Status · Source page
  47. Principle 350The absence in Egyptian law of substantive rules applicable to spouses in matters of obedience and marital disobedience. Its effect. Application of Kuwaiti law as the law of the judge before whom the dispute is brought. Personal Status · Source page
  48. Principle 352A husband owes his wife maintenance under a valid contract if she has surrendered herself to him, even constructively. Article 74 of Law 51 of 1984. Maintenance is a right for the husband's confinement; it is not forfeitPersonal Status · Source page
  49. Principle 353The respondent including in her statement of appeal that the house of obedience stated in the statement of claim differs from the dwelling inspected, and concluding with a request to set aside the appealed judgment. The Personal Status · Source page
  50. Principle 354Assessment of the husband's satisfaction of the requirements of trustworthiness necessary for the wife to enter into obedience to him, and of the Sharia compliance of the obedience dwelling. Rests with the court of meritPersonal Status · Source page
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