Divorce under Qatari Law of Marriage 2006

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Divorce under Qatari Law of Marriage 2006

Unread postby Admin » Mon Dec 23, 2013 9:34 am

Divorce under Qatrai Law of Marriage 2006
1. Divorce, when expressed in the Islamic formula for divorce, shall be considered dissolution of a proper marriage contract.
2. Divorce may take effect by:
(i) Express pronouncement or writing, and in the case of inability to pronounce or write, by understandable gesture.
(ii) Metonymy (implication), if the husband intended divorce.
3. Divorce may not take effect:
(i) If it is equivocal or conditional, intended to pressure for doing or not doing something, or to believe or disbelieve in something.
(ii) For a wife who has consummated her marriage, during Iddat or menstruation cycle or during post-menstruation cleanness in which sexual intercourse occurred.
(iii) On breaking an oath to divorce or “tahreem” (to consider the wife as forbidden).
(iv) Repeating pronouncements of divorce or associating it with numbers, whether verbally, in writing or by gesture, shall be considered but only one divorce.
4. Divorce may be effected by the husband personally or his agent having a special power of attorney to that effect, or by the wife if the husband gave her such power.
5. For a divorcer to effect divorce, he must be of sound mind and act of his own free will. Divorce by an insane person, by a person under an intellectual disability, by a person under duress, or by a person who lacks comprehension because of intoxication, anger or otherwise, shall have no effect.
6. Divorce may be revocable and irrevocable:
(i) A revocable divorce shall not end the marriage contract until expiration of the Iddat waiting period.
(ii) An irrevocable divorce shall end the marriage contract immediately on occurrence of the same. It shall be of two kinds in terms of effect:
(iii) Minor disunion or separation: The divorced woman may not remarry her ex-husband except by a new contract and dowry.
(iv) Major disunion or separation: The divorced woman may not remarry her ex-husband until after the expiry of her Iddat period by a second proper marriage actually consummated according to Sharia law.
7. Every divorce shall be revocable except divorce for the third time, a divorce before consummation and a divorce stated in this Law to be irrevocable or rescinded.
8. Divorce may occur by the husband formally pronouncing it before the Judge. Before ordering such pronouncement, the Judge shall attempt to reconcile between the parties.
9. A divorce occurring outside the court room shall be proved by Evidence or admission and shall have been communicated to the wife.
10. After pronouncement of divorce, the Judge shall make an order as to the amount of alimony for the wife during her Iddat, Children support and the rights to Child custody and visitation. Such order shall have immediate enforceable effect.
11. A divorced woman shall be entitled to enjoyment compensation if the divorce is made by the husband without any fault on her part.
12. A divorce for non-support due to insolvency of the husband shall be exempted from the provisions of the preceding paragraph.
13. Enjoyment compensation shall be assessed based on the wealth of the husband and the status of the wife and shall not exceed three Years of her alimony.
14. A husband shall have the right to revoke the divorce and return to his divorcee before expiry of her Iddat if the divorce is revocable, and such right may not be waived
15. Revocation may occur by words or in writing and in the event of inability to speak, by understandable gestures. Revocation shall be notarized and immediately communicated to the wife.
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