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The most important questions in the personal status law........ do you know them?




1- How can marriage be proven?

The marriage can be proven either by the testimony of witnesses, or by the party who denied the marriage with him, or by asking the denying party to take an oath that he is not married, but he refuses to take the oath. In the event that the wife obtains a divorce judgment, the wife shall take the deferred dowry and the expenses of the mut`a and the waiting period if she claimed it in the lawsuit.




2- Is a lawsuit to establish parentage or deny it from customary marriage accepted?

A claim is accepted for proving parentage or banishing it from customary marriage




3- Does customary marriage, which was denied by one of the parties, establish the right of inheritance between the spouses?

The denounced customary marriage does not arrange inheritance between the spouses




The forbidden customary marriage does not lead to inheritance between the spouses

The wife has the right to request a divorce without prejudice to her rights in the following cases: Insulting or beating the wife, not spending money, imprisoning the husband for more than three years, and she has the right to file a lawsuit after one year, due to impotence (impotence) and leprosy, marrying another woman. The intended harm in the law is not mentioned exclusively, meaning that any harm that the wife can prove is entitled to request a divorce.




5- What is a dowry?

A dowry is the money that a man pays to a woman when marrying her, and it is not one of the pillars of marriage




6- What is the reason for the obligation of spousal maintenance?

That the wife be in obedience to her husband and submit herself to him at the time of his request




7- Is the wife's right to claim the spousal maintenance debt forfeited?

The debt of alimony does not waive even if the alimony is not agreed upon between the spouses or a judgment is issued. The wife may claim alimony prior to filing the lawsuit, provided that it does not exceed one year prior to the date of filing the lawsuit.




8- Does the debt of marital alimony waive by the death of one of the spouses or by divorce?

The marriage can be proven either by the testimony of witnesses, or by the party who denied the marriage with him, or by asking the denying party to take an oath that he is not married, but he refuses to take the oath. In the event that the wife obtains a divorce judgment, the wife shall take the deferred dowry and the expenses of the mut`a and the waiting period if she claimed it in the lawsuit.




9- Is alimony obligatory for a wife who has not consummated the marriage with her?

Yes, alimony is obligatory for the wife who is not entitled to it from the date of the marriage contract, because the husband's failure to consummate his wife does not prevent him from imposing her alimony.




10- How is the alimony estimated?

Alimony is estimated according to the husband's financial condition and his marital status at the time when he must support his wife.


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11- Is it permissible to impose spousal support on the absent?

Yes, it is permissible because the absence of the husband does not prevent the imposition of alimony on him.




12- What are the conditions for a wife's entitlement to alimony?

1- That the marriage contract be valid 2- Retention is achieved for the benefit of the husband or the willingness to be retained, even if it is not achieved due to a reason not on the part of the wife




13- Does the wife's illness, her left, or her differences in religion with her husband prevent her from being entitled to alimony?




14- Is it permissible for the wife to stipulate in the marriage contract the right to study or work?

Yes, it is permissible and it follows from that that the husband is not allowed to rely on her being disobedient to her leaving the marital home for work or study, unless her going out to work is harmful to the interest of the family or exhausts the wife's strength or illness.




15- What is the expense of the waiting period?

The alimony for the waiting period is, in fact, a marital alimony, because the divorced woman is counting, and it includes food, clothing, and housing in the rule of the wife during the waiting period.




16- Who is obligated to spend the waiting period?

The rule is that the waiting period is obligatory for all divorced women, except for the divorced woman before consummation or seclusion, for she is the only one who does not have to wait for the expiry of the time period between divorce and marriage.




17- What is the time period for the waiting period to expire?

The waiting period for a revocable or irrevocable divorced woman is three menstrual cycles for those who menstruate, or three Arab months for those who do not see menstruation due to their young age or reaching menopause.




18- When does the waiting period begin?

It starts from the date of divorce, that is, from the date of its occurrence, and not from the date of knowledge of the divorce.




19- What is the period for which the waiting period is due?

The divorced woman is entitled to alimony for the waiting period for a period of not less than sixty days, which is the shortest period for the waiting period, and does not exceed one Gregorian year, which is the maximum period for the waiting period




20- When does the right to alimony for the waiting period expire?

The alimony for the waiting period is forfeited in cases of the wife's disobedience or apostasy from Islam, or the death of the divorced woman after the judiciary.


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21- Is it permissible for the wife to waive the maintenance of the waiting period in advance during the marriage?

It is not permissible unless the waiver of alimony is in exchange for divorce.




22- What is fun?

Mut'ah is compensation for the divorced woman for the pain that befell her as a result of the divorce, and to remove the description of abuse from her.




23- What is the reason for the obligation of pleasure?

The reason for the obligation of mut'ah is the tyrannical divorce from the husband, and the wisdom of its legislation is reparation for the divorced woman from the husband's abuse of his right to divorce.




24- What are the conditions for entitlement to mut'ah?

In order to be eligible for pleasure, 4 conditions must be met:
• That the wife be consummated in a valid marriage
• The occurrence of divorce between spouses of any kind
• That the divorce took place without the consent of the wife (extracting the availability of consent is an objective issue that the judge is independent of).
• The wife should not be the cause of the divorce




25- Is a divorced woman entitled to exoneration compensation for pleasure?

The divorced woman does not have the right to claim pleasure in divorce over exoneration, except by claiming that she was forced to give up her right to pleasure.




26- Is a woman who is divorced by court ruling worth the pleasure?

The marriage can be proven either by the testimony of witnesses, or by the party who denied the marriage with him, or by asking the denying party to take an oath that he is not married, but he refuses to take the oath. In the event that the wife obtains a divorce judgment, the wife shall take the deferred dowry and the expenses of the mut`a and the waiting period if she claimed it in the lawsuit.




27- Does a disobedient wife deserve mut`ah?

The ruling on the wife's disobedience indicates that the divorce is due to the wife and her insult, but the wife can prove the opposite.




28- How is pleasure estimated?

Mut'ah is estimated at the expense of at least two years. Mut'ah may be imposed for a longer period, depending on the financial and social status of the divorced, the circumstances of the divorce and the duration of the marriage.




29- Is it possible to pay the amount spent as a treat?

Yes, it is permissible - but this must be based on the request of the defendant, and it is permissible to pay in installments upon execution




30- What are the conditions for the child's obligation to support his father?

Three conditions are:-
• That the son is poor and has no money. If he has some money, but it is not sufficient for his maintenance, the father is obliged to complete the rest of it.
• That the son is incapable of earning due to his youth, femininity, disability, or to seek knowledge.
• That the father be rich or able to earn.


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31- Is the son's maintenance obligatory on his father even if he disagrees with him about religion?

Yes, you answer




32- Who bears the burden of proving the child's financial condition and his need for alimony?

The origin of the son is the state of poverty, and the father, if he claims otherwise than this origin, must prove the opposite by all methods of proof prescribed until the age of fifteen - after this age, the burden of proof falls on the son.




33- How is the son's maintenance for his father estimated?

The son's alimony to his father is assessed according to the father's left hand, and the provision of housing for him is included in it




34- Is there a time limit on hearing a child support claim?

There is no time limitation on hearing this case, and a small alimony may be claimed for any period prior to filing the case.




35- Is the alimony for the deceased son waived?

If the son dies and the mother spends on him while he is alive, she may obtain what she spent on the child from the father, given that the child's maintenance is a debt owed by the father.




36- Who is obligated to support the child in the event of the death of the father or his inability to earn?

Alimony for the minor shall be borne by any of his ascendants, male or female




37- Is the father committed to paying the tuition fees for the child?

Yes, he is obligated, because the tuition fees are similar to what the young child spends on his father, in the same way as food and clothing.




38- Is it permissible to file a claim for an increase or decrease in the course as alimony (spousal or minor)?

Yes, it is permissible, because the value of the alimony can be increased or decreased according to the economic conditions, as well as the circumstances of the one who is obligated to alimony and also the circumstances of the person in whose favor the alimony is imposed.




39- What is the claim for annulment or forfeiture of alimony?

It is a lawsuit filed by the convict by virtue of an alimony judgment - for the wife or children - with a request to annul or drop the imposed for them according to the judgment according to which execution is carried out against him in the event that the cause of the alimony entitlement ends.




40- What is the nursery fee?

It is the cash amount paid by the person obligated to alimony to the custodian in exchange for her doing a job that is serving the fostered child.




41- What is the period for which the nursery fee is due?

The incubator's right to the custody wage arises from the date of the start of the nursery if she is not the mother of the fostered child and from the date of the expiry of her waiting period for the father if she is the mother of the fostered child until the child reaches the maximum legally prescribed custody age.







42- What are the conditions for entitlement to the nursery fee?

The custodian's entitlement to the custody fee remains as long as the child is with her, provided that this wage does not continue to be imposed after the child reaches the maximum age prescribed for custody, because the hand after this age is a custody hand and does not have the status of custody.







43- Is it permissible for the custodian to claim the frozen custody wage without being restricted to a specific period?

Yes, the plaintiff may demand that the custody wage be frozen from the date it is due, not restricted to a specific period, and she may establish evidence of abstention, given that the custody wage is one of the wages that do not fall except by performance or exoneration, and the incubator deserves the custody wage even if she loses her validity for her as long as the child is with her.







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