Separation by Judicial Decree under Qatari Law of Marriage

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Separation by Judicial Decree under Qatari Law of Marriage

Unread postby Admin » Mon Dec 23, 2013 9:36 am

Separation by Judicial Decree under Qatari Law of Marriage
Separation on the Ground of Defect or Illness
i. Each of the spouses may request separation on the ground of a defect or chronic illness which makes marital life impossible to continue, and for which there is no cure or for which a cure can be hoped for only after an elapse of more than one Year, whether such illness is mental or physical and whether contracted before or after the marriage contract.
ii. The right to request separation on the ground of defect or chronic illness shall lapse if the defect or chronic illness was made known before the marriage contract, or expressly accepted after it.
iii. Notwithstanding the provisions of the preceding Article, the wife's right to request separation because of the husband's defects such as impotency or castration, whether congenital or accidental, shall not lapse even if she explicitly accepts such defects.
iv. If, by medical checkup, it is proved that impotency is incapable of being cured or that a cure can be hoped for only after an elapse of more than one Year, the Court shall separate the spouses upon the request of the wife without adjourning the decision of the claim. The court has the right to postpone divorce proceeding for a year if it can be proven that impotency can be treated in less than a year. If after adjourning the decision of divorce, it is proven that the husband has been cured; the divorce claim shall be rejected. In case of insistence the court shall separate the spouses.
v. To identify defects or illnesses, the Court shall consult experienced medical experts.
Separation on the ground of Not setting Due Dowry
A wife who has not consummated her marriage shall be granted a separation decree for not settling her due dowry in the following two cases:
1. If the husband has no ostensible property to settle the dowry.
2. If the husband's insolvency is apparent or his financial status is unknown and the period fixed by the Court expired without settling the dowry.
No separation decree shall be made for failure to settle the due dowry to a wife after consummation of marriage and the dowry shall remain a debt of the husband to be paid to the wife.
Separation on the ground of Detirment (Dhara) and Breach (Shiqaq)
(i) The wife, before or after consummation of marriage, shall have the right to request separation on the ground of detriment which makes marital life impossible to continue for her like. The Judge shall attempt to reconcile between the spouses.
(ii) If reconciliation cannot be achieved and detriment is proved, separation shall be decreed. Detriment may be proved by Evidence including hearsay testimony.
(iii) If detriment is not proved and breaches between the spouses continue while reconciliation by the Judge cannot be achieved, the Judge shall appoint two arbitrators from their respective relatives who are likely to have the ability to reconcile between the couple; if there are no such arbitrators from their relatives, then appointment shall be from outside their families. The Judge shall decide the duration of the arbitration.
(iv) The arbitrators shall seek the causes of marital breaches and attempt to reconcile the couple. The arbitrators shall make a report to the Judge of their attempts and state to what extent each of the spouses has contributed to the breaches together with their opinion.
(v) The Judge may adopt the report of the two arbitrators if it complies with the provisions of the preceding Article, otherwise he shall appoint other arbitrators by a substantiated decision to start reconciliation afresh, or add a third arbitrator to join the existing two arbitrators
(vi) The Judge may decree separation based on the two arbitrators' report in cases where reconciliation cannot be achieved and breaches continue between the spouses. If the two arbitrators do not make their report and differences between the spouses are intensifying, he shall decree their separation.
(vii) If the Judge is of the opinion that the separation of the spouses should be decreed and that the wife is largely or wholly to blame, he shall separate between them with property to be given by the wife as determined by the Judge after perusal of the two arbitrators' report. If the husband is largely or wholly to blame, or both are to blame or blame cannot be established, he shall separate between them without property to be given by one to the other.
(viii) If the spouses agree to separate with consideration, but differ over the amount of such consideration, the Judge shall attempt to reconcile such difference. If the Judge cannot achieve reconciliation and the difference becomes intensified, he shall decree their separation upon consideration to be determined by him.
(ix) If a wife requests separation before consummation of marriage, and offers her dowry and all property received and waives her financial rights, and the husband refuses to divorce her upon a reasonable justification, the Judge shall attempt to reconcile between them. If the Judge cannot achieve such reconciliation and the difference becomes intensified, he shall decree their separation upon the property offered by the wife.
Separation on the ground of Non-Support and Insolvency
(i) If a wife requests separation on the ground of lack of spending on her by her present husband, who has no ostensible property, and refuses to spend, and claims insolvency and insists not to spend, their immediate separation shall be decreed
(ii) If a wife requests separation on the ground of lack of spending on her by her present husband, who has no ostensible property, and refuses to spend, and claims insolvency and proves it, the Judge shall grant him a respite period not exceeding three Months; if he does not spend on his wife thereafter, the Judge shall decree their separation
(iii) If a wife requests separation on the ground of lack of spending on her by her present husband who has no ostensible property, and refuses to spend, and claims insolvency, but he is unable to prove it, the Judge shall fix a period for him, of not exceeding one Month, during which to spend on his wife, otherwise they shall be separated thereafter.
(iv) If a wife requests separation on the ground of lack of spending on her by her husband, who is absent in a known place at which he can be served notice, and he has no ostensible property or left her no property to spend from, the Judge shall grant him a period of four Months during which to spend on his wife, otherwise they shall be separated.
(v) If the wife requests separation on the ground of lack of spending on her by her husband, who is absent in an unknown place, and he has no ostensible property, and left her no property to spend from, the Judge shall decree their separation.
(vi) Subject to the provisions of the preceding two Articles, the Judge shall decree separation between the spouses only after proving the claim and the wife taking the judicial oath that that her maintenance has not been satisfactory
Separation on the Ground of Absence, Being Missing and Imprisonment
(1) A wife may request separation on the ground of the absence of her husband, whose domicile or place of residence is known, for a period of one Year or more, even if he has left property from which maintenance can be satisfied. The Judge shall fix a date for him not exceeding two Months cautioning him either to come back to live with her or transfer her to him or divorce her; otherwise their separation shall be decreed.
(2) A wife may request separation from her husband who is missing or absent in an unknown place for a period not less than one Year. The Judge shall decree their immediate separation without adjourning, even if the husband has property.
(3) If the missing husband returns or it transpires that he is alive, he shall take his wife, unless she has consummated marriage with another husband without knowledge of the first husband still living, in which case she shall be the second husband's wife.
(4) If a husband is imprisoned by a final judgment for a period of not less than two Years, the wife may request separation. However, separation may be decreed only after the elapse of one Year from the date of imprisonment.
Separation on the Ground of Ila, Zihar, Li’aan, Apostasy and the wife converting to Islam
(i) ILaa” occurs when the husband make an oath to cease copulation with his wife permanently or for a period of time with a minimum four months
(ii) A wife may request separation on the ground of ILaa, unless the husband breaks his oath before the elapse of four Months after ILaa.The Judge shall order the husband to either break his oath or divorce her; if he refuses, separation shall be decreed
(iii) Zihar occurs when a husband compares his wife and/or her body parts to that of another woman forbidden to him to marry.
(iv) Zihar must be made by express articulation, not by implication, unless the husband has intended it or there is circumstantial Evidence pointing thereto.
(v) A wife shall be entitled to request separation on the ground of Zihar if the husband refuses expatiation. The Judge shall caution him to expatiate for Zihar within four Months from the date of such cautioning; if he refuses, separation shall be decreed
(vi) Li'aan shall occur by a husband testifying four times, swearing by Allah that his accusation of his wife of adultery or his denial of parentage is true and a fifth testimony that the curse of Allah shall be upon him if his accusation is false.And the wife shall testify four times, swearing by Allah that his accusation of her of adultery or his denial of parentage is false and a fifth testimony that the wrath of Allah shall be upon her if his accusation is true. After completing Li'aan, the Judge shall decree the absolute separation between the spouses.
(vii) Separation shall occur between the spouses immediately upon one of them or both turning apostate if such apostasy occurred before consummation of marriage
(viii) The Judge shall separate between the spouses on apostasy of one of them after consummation of marriage after giving them time to repent and come back to Islam within a period the same as the waiting period of Iddat; if no such repentance occurs, he shall decree their separation.
(ix) If a wife, whose husband is not a Muslim, converts to Islam before or after consummation of marriage, the Judge shall give the husband time to convert to Islam within a period the same as the waiting period of Iddat; if no such conversion occurs, he shall decree their separation.
(x) If spouses convert to Islam or the husband converts to Islam and the wife is Christian or Jewish, there being no forbidding causes between them, their marriage shall remain valid.
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