Session on Monday, 6 January 2025
Headed by Judge Falah Shaye Al-Hajri, "Head of the Department", with the membership of Judges Juma Ibrahim Muhammad Al-Otaibi and Dr Mohammed Ali Ali Swilem
(1-3) Marriage "Effects of Marriage: Spousal maintenance: Conditions of forfeiture".
1. The wife abandons the marital residence, prevents herself from her husband, or refuses to move to the marital residence without a legitimate excuse. Its effect. Loss of alimony from the husband. The reason for this is the forfeiture of alimony fixed by a valid contract.This is based on the Maliki school of jurisprudence and Article 71 of the Personal Status Law.
2. Wife's alimony. It is obligatory on the husband to the extent of his capacity by a valid contract if she surrenders herself to him, even by judgement, and it is a debt on him without dependence on judgement or consent. The wife's departure from the matrimonial home without a legitimate reason or breach of obedience shall forfeit maintenance.
3. The judgement obliging the wife to obey her husband and her refusal to do so. Her disobe...