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

Search this collection

  1. أحكام المسكن والطاعة

    Principle 355A decree of judicial divorce. Requires dismissal of the action for marital obedience. Reason thereof. A divorced woman owes no obedience to the man from whom she has been judicially divorced.Personal Status · Source page ٣٨٦
  2. Principle 356An obedience action. Its difference from a judicial divorce action. Its implication is that a judgment requiring the wife to enter into obedience to her husband does not negate her allegation of harm in the judicial divoPersonal Status · Source page ٣٨٦
  3. Principle 357Judicial separation of spouses. Its cases. It occurs where either spouse suffers harm for material reasons from which injury may be inferred, or for other reasons such as aversion or intense hatred, even if injury is notPersonal Status · Source page ٣٨٦
  4. Principle 359Understanding the facts of the action, assessing its evidence and documents, and assessing whether the husband meets the conditions of trustworthiness and the obedience residence meets the Sharia requirements. Within thePersonal Status · Source page ٣٨٦
  5. Principle 361Understanding the facts of the action, assessing its evidence, the Sharia-compliance of the home designated for marital obedience, and the extent to which it contains all facilities and basic necessities of life. A questPersonal Status · Source page ٣٨٦
  6. Principle 363A wife's maintenance owed by her husband. Its basis. The marriage contract and her being reserved for his right. Proof of her refusal to comply with the final judgment requiring her to enter into obedience to him. Its imPersonal Status · Source page ٣٨٧
  7. Principle 364Assessment of the obedience residence's compliance with Sharia and the extent to which the husband meets the conditions of trustworthiness. Within the authority of the court of merits. Condition for this. - A witness mayPersonal Status · Source page ٣٨٧
  8. Principle 365The court's refusal to grant a request to inspect the home designated for marital obedience because the papers contain sufficient material to form its conviction and dispense with further evidentiary measures. No defect.Personal Status · Source page ٣٨٧
  9. Principle 366An obedience action is a matrimonial action brought while the marriage subsists. Its implication. A divorced woman owes no obedience to the person from whom she was divorced, whether the divorce was effected by the husbaPersonal Status · Source page ٣٨٧
  10. Principle 367The wife's maintenance. The condition for its being obligatory. That she surrender herself to her husband, even constructively. Its basis: the valid marriage contract by which she is reserved for the husband's right; herPersonal Status · Source page ٣٨٧
  11. Principle 368An obedience action differs from an action for judicial divorce on grounds of harm. The former is based on the wife's breach of the duty of shared residence in the matrimonial home, and the latter on the wife's allegatioPersonal Status · Source page ٣٨٨
  12. Principle 370The matrimonial home is a home suitable for the husband's peers. Article 84, Law 51/1984 concerning Personal Status. A home suitable for peers. Its nature: custom, developments over time, the husband's circumstances, difPersonal Status · Source page ٣٨٨
  13. Principle 371The wife may refuse to move to the marital home if the husband is not trustworthy toward her or has not prepared Sharia-compliant accommodation for her. The basis for this. An example of reasonable reasoning requiring thPersonal Status · Source page ٣٨٨
  14. Principle 373An obedience action. One of the matrimonial actions during the subsistence of marriage. - A divorcing husband has no right to obedience from the woman divorced from him, whether the divorce was pronounced by the husband Personal Status · Source page ٣٨٩

  15. نشوز

    Principle 374Execution of an obedience judgment. Its manner: the husband submits the obedience judgment to the competent authority for execution. The wife, whether a virgin or not, does not go to the house of obedience on her own iniPersonal Status · Source page ٣٨٩
  16. Principle 375Considering 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 extinction of the wife's right toPersonal Status · Source page ٣٨٩
  17. Principle 376The underlying basis for prescribing consolatory maintenance is to redress the loneliness caused by the husband to the woman from whom he has separated and to console her. Divorce occurring with the wife's consent. EffecPersonal Status · Source page ٣٨٩
  18. Principle 377Forfeiture of a wife’s maintenance. Its criterion. Establishment of her recalcitrance through her refusal to execute the final judgment of obedience. - 389 - Personal StatusPersonal Status · Source page ٣٨٩
  19. Principle 378Lapse of the wife's maintenance due to her marital disobedience. Its condition. Proof of her refusal to execute the final obedience judgment after its service upon her. - The papers containing no evidence of a final obedPersonal Status · Source page ٣٩٠
  20. Principle 379The wife's disobedience. Its criterion and 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 ordering hePersonal Status · Source page ٣٩٠
  21. Principle 381Extinguishment of the wife's right to maintenance. Its criterion. Her refusal to submit to the husband's obedience despite a final judgment to that effect, her service with it, and her being deemed maritally disobedient.Personal Status · Source page ٣٩٠
  22. Principle 382Establishment of the wife's disobedience forfeiting her maintenance. Criterion for its realization: issuance of a judgment obligating her to enter into her husband's obedience in the Sharia-compliant housing prepared forPersonal Status · Source page ٣٩٠
  23. Principle 383The wife's departure from the matrimonial home with a Sharia justification. No marital disobedience. Its implication: maintenance is obligatory for her.Personal Status · Source page ٣٩٠
  24. Principle 384Admissibility of an action for marital disobedience. Its condition. Service of the obedience judgment on the wife and her refusal to comply with it. The court must ascertain this. - 390 - Personal StatusPersonal Status · Source page ٣٩٠
  25. Principle 386A wife's disobedience. Established only by her refusal to comply with a final judgment of obedience. Article 87/2 of Law No. 51 of 1984 on Personal Status. Example. - The challenged judgment's award of maintenance to thePersonal Status · Source page ٣٩١
  26. Principle 388Forfeiture of marital maintenance. It occurs only after her disobedience is established. - The means of proving disobedience. A procedural matter. Kuwaiti law must be applied to it as the law of the judge before whom thePersonal Status · Source page ٣٩١
  27. Principle 391Determining the date on which the person obliged to pay maintenance refused to pay it. Within the sole discretion of the judge of merits. - Extinguishment of the wife's right to maintenance. Its condition. Her marital diPersonal Status · Source page ٣٩٢
  28. Principle 392A woman observing the waiting period following a revocable divorce. She must spend her waiting period in the matrimonial home. The exception. In cases of necessity, her transfer to the home designated by the judge. Her lPersonal Status · Source page ٣٩٢
  29. Principle 393The wife's marital disobedience that forfeits her maintenance. Established by her refusal to execute the final judgment requiring her to enter into the husband's obedience.Personal Status · Source page ٣٩٢
  30. Principle 395Marital recalcitrance in the Ja'fari school may be on the part of the wife or the husband. The husband's recalcitrance. Is established by withholding from the wife her rights incumbent upon him, such as failing to maintaPersonal Status · Source page ٣٩٢
  31. Principle 397What is meant by the divorced woman obliged to remain in the matrimonial home during the waiting period. A woman divorced while present in the matrimonial home, not one divorced after leaving it, being expelled from it, Personal Status · Source page ٣٩٣
  32. Principle 398It being established that both parties are Palestinian nationals. The Personal Status Law issued by decision of the President of the Palestinian Authority dated 20/5/1994 must be applied as regards the substantive rules Personal Status · Source page ٣٩٣

  33. دعوى الزوجية (قواعدها وشروطها)

    Principle 399Spousal maintenance. Its extinction after proof of the wife's refusal to execute the final judgment ordering her obedience to her husband after service upon her, because she is disobedient. 6- Action to establish marriagPersonal Status · Source page ٣٩٣
  34. Principle 400The criterion for the court's adherence to the limits of the claims submitted to it is the final claims. - The judge's ratification of a settlement—in matters other than those relating to public policy—conclusively resolPersonal Status · Source page ٣٩٣
  35. Principle 404An action to establish marriage. The rule is that it is not heard in the event of denial. The exception. Its establishment by an official document or acknowledgment of marriage in official papers. Unless the action is thPersonal Status · Source page ٣٩٤

  36. فسخ عقد الزواج

    Principle 412Either spouse’s request for annulment of the marriage. Its condition. The existence of an entrenched defect in the other marriage, among repulsive or harmful defects. Either one’s knowledge of the defect before the contrPersonal Status · Source page ٣٩٧

  37. الطلاق

    Principle 413The stipulation must be recorded in the marriage contract document. Art. 41, Law 51 of 1984. The reason - 397 - Personal Status therefor. To preclude disputes and falsehood in claiming and proving any of these stipulatioPersonal Status · Source page ٣٩٧
  38. Principle 415The law applicable to a divorce action. Is the law of the last nationality acquired by the spouses during marriage and before divorce or before bringing the action therefor. Absence of a common nationality. Its effect. APersonal Status · Source page ٣٩٩
  39. Principle 416Divorce pronounced in the form of three. In the opinion of some jurists. The Maliki school. Takes effect as a single divorce otherwise than under this opinion. Its effect is cassation of the judgment.Personal Status · Source page ٣٩٩
  40. Principle 417Provisions on judicial divorce for harm under Egyptian law. Proof of harm. Reference is made to the preponderant opinions in the school of Abu Hanifa. Article 280 of the Regulations for the Organization of Sharia Courts.Personal Status · Source page ٣٩٩
  41. Principle 420Annulment of marriage for desertion. Its difference from a request for judicial divorce for conflict and discord between the spouses. - Requesting a judgment of judicial divorce for desertion, not for conflict and discorPersonal Status · Source page ٤٠٠
  42. Principle 421The rights and prohibitions arising from divorce. Denial thereof by either spouse after it has occurred. Not to be credited.Personal Status · Source page ٤٠٠
  43. Principle 422Appointment of the arbitrator by a judgment. Not necessary. Basis for this. Article 127 of the Personal Status Law.Personal Status · Source page ٤٠٠
  44. Principle 423Establishing 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 concerning another right. TPersonal Status · Source page ٤٠٠
  45. Principle 424Separation on grounds of harm, where caused by the wife, is that which is established only by a judge's judgment. - A request for separation on grounds of harm. Not restricted to the wife. The husband may request it evenPersonal Status · Source page
  46. Principle 425Divergence of the arbitrators' opinions concerning discord between the spouses or identifying which of them is at fault for the purpose of determining - 400 - Personal Status the financial obligations resulting from sepaPersonal Status · Source page
  47. Principle 426Separation on grounds of harm. The admissibility of testimony by a relative and a person connected to the party for whom testimony is given, provided they are competent to testify, as an exception to the general rule. ArPersonal Status · Source page
  48. Principle 427An action for judicial divorce on grounds of harm. The court must intervene to end the dispute by reconciliation. This relates to public policy. Reconciliation between them proving impossible. Effect thereof. The court uPersonal Status · Source page
  49. Principle 428An obedience action and a recalcitrance action. Their difference from an action for judicial divorce on grounds of harm. The reason for this. The former is based on desertion and the wife’s breach of the duty of shared rPersonal Status · Source page
  50. Principle 429A wife’s entitlement to consolatory compensation. Its case. The husband’s effecting divorce by his unilateral will without her consent, to redress the estrangement caused by the husband. It is not due to her where she rePersonal Status · Source page
PreviousPage 7 of 20Next