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. الطلاق

    Principle 430Either spouse inflicting harm upon the other such that continued marital cohabitation is impossible under the Jordanian Personal Status Law. A justification for separation between them. Such harm must be proved.Personal Status · Source page ٤٠٢
  2. Principle 431Separation on grounds of harm. Its cases. Either spouse being harmed by remaining married because the other injures that spouse by act or word, or for other causes of discord. Whenever this is established. - The wife's rPersonal Status · Source page ٤٠٢
  3. Principle 432A revocably divorced woman. Her position is that of a wife as regards entitlement to maintenance until her waiting period expires. - The wife's consent to divorce. Its effect. She is not entitled to consolatory compensatPersonal Status · Source page ٤٠٢
  4. Principle 433Dissolution of the marital bond by divorce. Its effect. The divorced wife is not entitled to maintenance other than maintenance for the waiting period, even if maintenance had been determined by a judgment. The reason thPersonal Status · Source page ٤٠٢
  5. Principle 435Changing the category of social allowance payable to an employee married to a sole wife to the single-person category upon the wife's divorce or death. Its timing. From the date the divorce becomes irrevocable or the datPersonal Status · Source page ٤٠٢
  6. Principle 437A woman divorced after consummation not being entitled to consolatory maintenance. Its condition. That the divorce was with her consent. The court of merits has sole discretion to assess the existence of that consent andPersonal Status · Source page ٤٠٣
  7. Principle 438Divorce: its occurrence under Sharia by an express, immediately operative pronouncement. Conditions for divorce by unilateral will. Its freedom from impairments, including anger. What is meant by anger at the time of proPersonal Status · Source page ٤٠٣
  8. Principle 439The husband’s authorization of the wife or a third party to effect divorce. Its permissibility under the Ja‘fari school. This is not altered by the condition being a restriction upon the principal. Unconditional immediatPersonal Status · Source page ٤٠٣
  9. Principle 441Assessment of the existence of the wife's consent to divorce. A question of fact. The trial judge has exclusive authority to determine it. Its condition. Example.Personal Status · Source page ٤٠٣
  10. Principle 443A woman observing the waiting period following a revocable divorce. She must spend her waiting period in the marital home. Exception. In a case of necessity, her move to the house designated by the judge. Her departure fPersonal Status · Source page ٤٠٤
  11. Principle 444The prescription of consolatory compensation. Its rationale. The husband's causing desolation to the woman from whom he parted. Cases in which consolatory compensation is not obligatory. Their nature. Assessment of the ePersonal Status · Source page ٤٠٤
  12. Principle 445Divorce. Neither spouse is believed in denying it after it has occurred. The reason therefor: it creates rights and prohibitions whose observance God has enjoined. Acknowledgment of divorce takes effect judicially, not rPersonal Status · Source page ٤٠٤
  13. Principle 446The Family Counseling Section affiliated with the Sharia Documentation Department. Its task is to examine cases of divorce intended to be effected in absentia and to notify the wife before and after the divorce is effectPersonal Status · Source page ٤٠٤
  14. Principle 447Separation on grounds of harm arises when either spouse suffers harm from continuation of the marriage, whether attributable to a material cause or otherwise, such as aversion or intense hatred rendering continued maritaPersonal Status · Source page ٤٠٤
  15. Principle 448The court hearing the divorce action. Its right to decree separation whenever the occurrence of this harm is conclusively established before it. Reason for this. Avoiding prolongation of litigation. Implication. AppointmPersonal Status · Source page ٤٠٥
  16. Principle 449The rule is that testimony must be direct. The reason: testimony derives from witnessing. Testimony based on common report may be accepted to establish the husband's harm to his wife. The condition thereof. Its distinctiPersonal Status · Source page ٤٠٥
  17. Principle 450A 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 ٤٠٥
  18. Principle 451The husband has the right to authorize another to effect divorce. The import thereof. - Determining the extent of the agency. Within the authority of the court of merits. The condition thereof. - Issuance of a power of aPersonal Status · Source page ٤٠٦
  19. Principle 452Proof that the agent exceeded the limits of his agency, which did not include his right to effect divorce. Its implication. The divorce effected by the agent is not recognized.Personal Status · Source page ٤٠٦
  20. Principle 453The spouses' financial rights where separation on grounds of harm is requested. The criterion for determining them is mistreatment by either of them of the other, mutual mistreatment, or the inability to identify the offPersonal Status · Source page ٤٠٦
  21. Principle 454The husband's imprisonment. A form of harm warranting judicial divorce. - Issuance of a final judgment sentencing the husband to imprisonment for 3 years and commencement of its execution. It permits the wife, after - 40Personal Status · Source page ٤٠٦
  22. Principle 455Marital recalcitrance in the Ja'fari school may be on the part of the wife or the husband. The husband's recalcitrance. It occurs by denying the wife her rights obligatory upon him, such as failure to provide maintenancePersonal Status · Source page ٤٠٧
  23. Principle 458The rights and prohibitions arising from divorce. Either spouse's denial of it after its occurrence. Not to be credited. - An acknowledgment of divorce, even if false, effects divorce judicially, not religiously. - An acPersonal Status · Source page ٤٠٧
  24. Principle 459An action for judicial divorce on grounds of harm. The court must intervene to end the dispute amicably. This concerns public policy. The law prescribes no particular method for this procedure. The court may take whatevePersonal Status · Source page ٤٠٨
  25. Principle 460An action for divorce on grounds of harm. The court may order separation of the spouses whenever the occurrence of harm is conclusively established before it, without referring the dispute to 2 arbitrators. The reason: aPersonal Status · Source page ٤٠٨
  26. Principle 462Law 51 of 1984. Its failure to address how the occurrence of divorce is proved. Its necessary consequence. Recourse in this respect to the predominant opinion in the school of Imam Malik. Article 343 of the said Law. ProPersonal Status · Source page ٤٠٨
  27. Principle 463The mother's lack of entitlement to breastfeeding remuneration during the marriage or the waiting period following revocable or irrevocable divorce. Reason: the husband is obliged to maintain her in those circumstances. Personal Status · Source page ٤٠٩
  28. Principle 465Divorce before consummation or private seclusion. Does not require a waiting period. The effect of this. The divorced woman is not entitled to waiting-period maintenance. Example.Personal Status · Source page ٤٠٩
  29. Principle 466Divorce takes effect when pronounced by any sane, adult husband acting voluntarily and aware of what he says, using words customarily explicit for it. It does not take effect through written wording except with intentionPersonal Status · Source page ٤٠٩
  30. Principle 468Entitlement to consolatory maintenance. Its criterion. Divorce occurring without the wife's consent. Assessment of the wife's consent or lack of consent to divorce. A question of fact. The court of merits has sole discrePersonal Status · Source page ٤١٠
  31. Principle 469The person pronouncing divorce—in Ja'fari jurisprudence—must have attained puberty, be of sound mind, and act freely without coercion. - Coercion in divorce. Its conditions. Pronouncing divorce when the threatened husbanPersonal Status · Source page ٤١٠
  32. Principle 470Divorce under the Ja'fari school. Its conditions. The specific formula for divorce, immediate unconditional effect, and attestation by witnesses. Attestation is an essential condition of its validity, and two upright malPersonal Status · Source page ٤١٠

  33. ب: أنواع الطلاق

    Principle 471Divorce is a right of the husband, seeking to protect the woman and sanctify the marital bond. The husband's right to refer the matter to the Sharia judge in the Ja'fari school. Its condition. The wife's disobedience. HePersonal Status · Source page ٤١٠
  34. Principle 472Assessing the information, drawing presumptions, assessing witness statements, and adopting what is found credible. Within the authority of the judge of fact whenever his inference is reasonable and does not contradict wPersonal Status · Source page ٤١١
  35. Principle 473The husband’s right to take back his divorced wife by his sole will during her waiting period, whether she consents or refuses. This right is not extinguished by waiver. The reason for this. - The husband’s taking back hPersonal Status · Source page ٤١١

  36. طلاق بائن

    Principle 475A woman observing the waiting period following a revocable divorce. She must spend her waiting period in the marital home. The exception. In a case of necessity, her transfer to the home designated by the judge. Her leavPersonal Status · Source page ٤١١

  37. الخلع

    Principle 479Waiting-period maintenance in the Hanbali school is not due for an irrevocable divorce unless she is pregnant. Basis for this. See also: Divorce in general, divorce on grounds of harm. - 412 - Personal Status 2- Khul':Personal Status · Source page ٤١٢
  38. Principle 481Maintenance of a minor unable to earn a living. Owed by his father. The mother may waive it. Its condition: the waiver must be for a specified temporary period. Articles 117, 202 of Law 51/1984 and the Ja'fari school andPersonal Status · Source page ٤١٣

  39. الفرق بالقضاء (التطليق)

    Principle 482Khul' extinguishes what has been agreed upon, whether expressed in terms of consensual divorce for consideration or mutual release. The reason therefor. - Financial rights arising from a valid marriage are extinguished bPersonal Status · Source page ٤١٣
  40. Principle 483Issuance of a decree of judicial divorce for failure to provide maintenance under Jordanian law. The husband's taking his wife back in this divorce. Conditional upon referring the matter to the court to examine the validPersonal Status · Source page ٤١٤
  41. Principle 484The husband’s refusal to provide maintenance. Its effect under the Ja‘fari school: the wife may resort to the courts seeking judicial divorce.Personal Status · Source page ٤١٤
  42. Principle 485Assessment of the husband's refusal to provide maintenance after the judge has ordered him to do so. A factual matter within the trial court's exclusive authority, provided its assessment is sound.Personal Status · Source page ٤١٤
  43. Principle 486A request for judicial divorce for refusal to provide maintenance. Impermissible where the refusing husband has apparent assets. The reason for this.Personal Status · Source page ٤١٤

  44. ج – طلاق على مال

    Principle 488Divorce attributed to a past time. The rule is that it runs from the time of the husband's acknowledgment of it. The wife's confirmation of attributing her divorce to the past. A waiver of her right to maintenance and thPersonal Status · Source page ٤١٤
  45. Principle 492Annulment 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
  46. Principle 493The husband's causing his wife harm justifying her judicial divorce from him: its assessment falls within the authority of the judge of fact, provided it is reasonable. - 415 - Personal StatusPersonal Status · Source page
  47. Principle 495A husband’s harm to his wife justifying her judicial divorce from him. It may occur before consummation.Personal Status · Source page
  48. Principle 498A husband’s sexual intercourse with his wife. Deviant intercourse. Harm permitting her to request judicial divorce. Proof of this harm is permissible even through circumstantial inferences.Personal Status · Source page
  49. Principle 499If the wife suffers harm from the husband's mistreatment of her, she may seek judicial divorce under the Maliki school. - The criterion of mistreatment—in the school—is the husband's doing what is impermissible under ShaPersonal Status · Source page
  50. Principle 501The husband's infliction of harm upon his wife justifying her divorce from him. Its inference concerns the merits, provided it is reasonable. Example of a reasonable inference.Personal Status · Source page
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