Presided over by Mr Falah Shaye Al-Hajri, Judge and Chairman of the Department And the membership of Judges Juma’ Ibrahim Mohammed Al-Otaibi and Al-Tayyib Abdul-Ghafur Abdul-Wahhab.
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(1) Marriage contracts: ‘Mut’ah: conditions for entitlement’.
(1) The wife’s entitlement to the dowry in a valid marriage of mut’ah. Condition: that the husband divorces her of his own accord and without her request. Meaning: there is no mut’ah payable in the event of separation or reconciliation, nor in the event of the marriage being annulled due to a temporary defect or an accident.
(2) Divorce cases: ‘Divorce by court order: Divorce on the grounds of harm and discord: Who has the right to seek a divorce?’
(2) A claim for divorce on the grounds of harm rendering the marital relationship untenable. This is a right of both spouses, notwithstanding the husband’s right to initiate divorce unilaterally. The rationale for this is that the husband may be exempted from the financial consequences of divorce—namely, maintenance during the ‘iddah, maintenance during the divorce pr...