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. ن – التفريق للضرر

    Principle 502The wife's request for judicial divorce on account of her husband's drinking alcohol. It does not lapse within a specified time limit. Lapse applies to separation for defects. - 416 - Personal StatusPersonal Status · Source page ٤١٦
  2. Principle 504The two arbitrators are appointed only if the complaint is repeated and the wife is unable to prove harm. - A judgment adopting the conclusions of the arbitrators' report contrary to the conclusions of the evidentiary inPersonal Status · Source page ٤١٧
  3. Principle 505An obedience action. Its difference from an action for judicial divorce on grounds of harm. The reason therefor. Its effect. A judgment rendered in an obedience action does not preclude hearing an action for judicial divPersonal Status · Source page ٤١٧
  4. Principle 506The criterion for judicial divorce for harm is the realization of harm. Its cessation or an attempt to erase it after it has been established has no effect.Personal Status · Source page ٤١٧
  5. Principle 507Testimony by hearsay sufficient to establish harm warranting separation between the spouses. Its meaning. Example of its absence.Personal Status · Source page ٤١٧
  6. Principle 508The judge's obligation to follow what the arbitrators propose in an action for judicial divorce on grounds of harm. Its condition. That they, or a majority of them, have agreed upon one opinion. An example of divergent oPersonal Status · Source page ٤١٧
  7. Principle 509The arbitrators' report. No particular form is required for it. Presenting it orally before the court and recording it in the hearing minutes. Permissible.Personal Status · Source page ٤١٧
  8. Principle 510Khul‘ in exchange for the minor’s maintenance is not valid and cannot be invoked against him unless limited to a specified period. The reason for this. A previous judgment dismissing a maintenance action on the basis thaPersonal Status · Source page ٤١٧
  9. Principle 511Issuance of a final judgment according to the husband for a period of three years or more. Its effect. The wife may seek judicial divorce - 417 - Personal Status regardless of the date of conditional release. Article 130Personal Status · Source page ٤١٧
  10. Principle 512Separation between spouses through arbitration. What justifies it. Either spouse harming the other by word or act. The criterion of harm justifying separation is the impossibility of continued marital life between personPersonal Status · Source page ٤١٨
  11. Principle 513Assessment of evidence, deduction of the facts from it, and assessment of the husband's acknowledgment of his wife. A matter for the court of merits.Personal Status · Source page ٤١٨
  12. Principle 514Harm warranting judicial divorce. Proof thereof under the Iraqi Personal Status Law. Permissible by presumptions, direct testimony, testimony upon testimony, or available hearsay testimony.Personal Status · Source page ٤١٨
  13. Principle 518Appointment of the 2 arbitrators is linked to the court's inability to effect reconciliation, without requiring repetition of the wife's complaint. - The provision in Article 126 of the Personal Status Law is general andPersonal Status · Source page ٤١٨
  14. Principle 519A request for reconciliation before the Court of Appeal has no place once the first-instance court's inability to reconcile the spouses is established. The Court of Appeal's reversal of its decision to summon the spousesPersonal Status · Source page ٤١٩
  15. Principle 520The husband's harming his wife. A factual matter within the sole discretion of the court of merits. An example concerning the husband's desertion of his wife without a Sharia justification.Personal Status · Source page ٤١٩
  16. Principle 521A wife's request for separation on grounds of discord, made in her objection to an obedience notice because the disagreement between her and her husband has become entrenched, under Egyptian law. Its distinction from thePersonal Status · Source page ٤١٩
  17. Principle 522An obedience action differs in its subject matter and cause from an action for judicial divorce on grounds of harm. The implication thereof: a judgment ordering the wife to enter into obedience to her husband on account Personal Status · Source page ٤١٩
  18. Principle 523Identifying the offending spouse where the arbitrators' opinions differ concerning that spouse. Within the authority of the court of fact whenever reasonable. Example of what constitutes harm by the wife to her husband fPersonal Status · Source page ٤١٩
  19. Principle 524Separation on grounds of harm occurs when either spouse is harmed by remaining married, whether for a material cause from which injury by the other spouse through words or deeds can be inferred, or for other causes of diPersonal Status · Source page ٤١٩
  20. Principle 525Divergence of the arbitrators’ opinions in identifying the causes of discord. Its effect. The court of merits may hear - 419 - Personal Status the action under ordinary procedures. Article 13 of Law 51/1984. An example cPersonal Status · Source page ٤١٩
  21. Principle 526The court's efforts to reconcile the spouses before ruling on the wife's action for divorce on grounds of harm. Obligatory upon it. Its connection with public policy. The court's inability to effect such reconciliation. Personal Status · Source page ٤٢٠
  22. Principle 527Either spouse, before or after consummation, may seek judicial divorce because the other has harmed him or her by word or deed such that continued marital life is impossible between persons like them. The basis thereof. Personal Status · Source page ٤٢٠
  23. Principle 529Separation on grounds of harm. Its grounds. - The judge's obligation to follow what the arbitrators propose in an action for judicial divorce on grounds of harm. Its condition. They, or a majority of them, must have agrePersonal Status · Source page ٤٢٠
  24. Principle 530Assessing evidence, deducing the facts therefrom, and assessing the husband’s harm to his wife. Within the prerogative of the court of merits. - The husband’s accusing his wife of adultery without evidence. Harm to her. Personal Status · Source page ٤٢٠
  25. Principle 531Cases of judicial divorce for harm in the school of Imam Malik. Their nature and governing criteria. - Assessing evidence, deducing the facts therefrom, and assessing the husband’s harm to his wife. Within the authority Personal Status · Source page ٤٢١
  26. Principle 532The challenged judgment's reliance on the reports of the arbitrators appointed by the appellate court, rather than the statements of the respondent's witnesses, in inferring the harm warranting separation, contrary to thPersonal Status · Source page ٤٢١
  27. Principle 533The Sharia requirements that an arbitrator must satisfy. What they are. - Failure to satisfy the Sharia requirements in the arbitrator because he suffers from psychological and mental disorders and graduated from one of Personal Status · Source page ٤٢١
  28. Principle 535Judicial separation between spouses through arbitration. What justifies it: either spouse harming the other through words or deeds. The criterion of harm justifying separation is the impossibility of continued marital liPersonal Status · Source page ٤٢١
  29. Principle 538The scope for proving a divorce action under ordinary procedures. Disagreement among the arbitrators' opinions or their failure to submit their reports. - Agreement between the respondent's arbitrator and the deciding arPersonal Status · Source page ٤٢٢
  30. Principle 539A new ground unrelated to public policy. Invoking it for the first time before the Court of Cassation is inadmissible. Example concerning criticism of a judgment with respect to its contravention of the provisions governPersonal Status · Source page ٤٢٢
  31. Principle 540Separation for harm. Its grounds, rationale and basis. - An obedience action and a marital disobedience action. Each differs from an action for judicial divorce on grounds of harm. The criterion for bringing each. The efPersonal Status · Source page ٤٢٢
  32. Principle 541Separation on grounds of harm. Its grounds and rationale. - A judgment basing its ruling on the established facts that the husband consumed alcohol, assaulted his wife by beating her, refused reconciliation, and that conPersonal Status · Source page ٤٢٢
  33. Principle 542Judicial divorce for harm. Its condition. The judge’s inability to reconcile the spouses. The law has not prescribed a particular course for attempting reconciliation. - Adjournment of the hearing of the judicial divorcePersonal Status · Source page ٤٢٢
  34. Principle 543Disagreement among the three arbitrators in identifying the spouse at fault. The judgment nevertheless decreeing divorce. No defect.Personal Status · Source page ٤٢٣
  35. Principle 544An obedience action and a disobedience action. Their difference from an action for judicial divorce on grounds of harm. The reason therefor. The former is based on abandonment and the wife's breach of the duty of shared Personal Status · Source page ٤٢٣
  36. Principle 546The wife's bringing an action for judicial divorce on grounds of harm and its dismissal. Her right to bring a subsequent action on the same ground. Condition thereof. That she rely on facts different from those on which Personal Status · Source page ٤٢٣
  37. Principle 547The impossibility of reconciliation between the spouses. Its consequence. The court may appoint 2 arbitrators from the spouses' families if possible. If they disagree, it joins to them a deciding arbitrator from outside Personal Status · Source page ٤٢٣
  38. Principle 548Separation on grounds of harm. It is realized when either spouse is harmed by remaining married to such an extent that continued marital life between them is impossible. Reason and basis for this.Personal Status · Source page ٤٢٤
  39. Principle 549Harm warranting judicial divorce. It rests on a personal, not a material, standard. Assessment of its elements belongs to the court of merits so long as it relies on admissible evidence. Example.Personal Status · Source page ٤٢٤
  40. Principle 550No fault attaches to the court in forming its conviction from the statements of witnesses heard in another action as circumstantial evidence. - Proof in an action for judicial divorce for harm. Circumstantial evidence maPersonal Status · Source page ٤٢٤
  41. Principle 551Separation for harm without compensation or with compensation proportionate to the mistreatment. Cases in which it is decreed.Personal Status · Source page ٤٢٤
  42. Principle 552Both parties to the action being Lebanese. The Lebanese Family Rights Law must be applied. Implication thereof. The law of the spouses' nationality during the marriage and before divorce or before the action was brought Personal Status · Source page ٤٢٤
  43. Principle 554Assessment of arbitrators’ reports in a separation action, the sufficiency of the reasons on which they were based, the grounds for separation between the spouses, inferring the existence of discord between them, and idePersonal Status · Source page ٤٢٥
  44. Principle 556Appointment of a deciding arbitrator. Its criterion. Disagreement between the two arbitrators in their report. - The court's appointment of a deciding arbitrator where the husband's arbitrator has not submitted his reporPersonal Status · Source page ٤٢٥
  45. Principle 557The judgment's inference of harm warranting divorce from the wife's evidence and the case papers and documents: the husband's severe beating of her more than once, rendering continued marital life impossible. Disputing tPersonal Status · Source page
  46. Principle 558The court of merits has authority to understand the facts of the action, assess the evidence, and ascertain the elements of harm warranting judicial divorce, provided this is reasonable. - The judgment's reliance, as groPersonal Status · Source page
  47. Principle 559The husband's absence for a year or more with an acceptable excuse. Separation is impermissible. The reason therefor. - 425 - Personal Status - Proof of the husband's captivity and the absence of a statutory provision foPersonal Status · Source page
  48. Principle 560Appointment of the 2 arbitrators. Its condition: the court's inability to achieve reconciliation. Repeated complaints by the wife are not required by the statutory provision. Article 126 of Law 51 of 1984.Personal Status · Source page
  49. Principle 561Granting judicial divorce on grounds of harm. Its condition. The judge's inability to reconcile the spouses. No particular method of reconciliation is prescribed. It suffices that the hearing minutes attest to that procePersonal Status · Source page
  50. Principle 564Separation on grounds of harm caused by the wife. Its nature. The husband may request it. The reason therefor. Exempting him from the consequences of divorce by unilateral will. Its implication. His effecting divorce by Personal Status · Source page
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