208 Shariah petitions filed in 2007
Altogether 39 Shariah petitions have been filed in the Shariah Court so far this year, while 208 were filed in 2007 and 158 in the previous year, said a judge who handles Shariah-related cases.
Judge Khaled Yahya Al Housny, the only judge who presides over the proceedings in Shariah-related cases, attributed the rise in marital disputes to the changing lifetsyles and increasing financial problems in daily life, including the high cost of living and spiralling rents, in addition to some social factors, primarily, extra-marital relationships.
According to Al Housny, the petitions, which may be filed by either of the spouses, are usually related to provisional custody, alimony, financial dues and delivery of personal belongings.
Divorce cases
“The petitioners in divorce cases usually seek urgent and provisional procedures awaiting verdict. On approval of the petition, the judge of the Shariah summary proceedings issues an express order to be executed within 48 hours,” the judge said.
Judge Al Housny further explained: “The petition can be filed and executed upon the judge’s order in the absence of the second party, that is, the spouse. Petitions like these necessitate a provisional measure to solve a situation or a circumstance, which may otherwise lead to a potential risk.”
The urgent order may be pertaining to a provisional custody of minors “when a toddler is left alone in a house without any proper care, when a husband leaves his family without power in the scorching temperatures during summer. Those factors are humanitarian and exceptional. Hence the spouse resorts to us for intervention,” Judge Al Housny pointed out.
Life risk factor
“The life risk factor should be mentioned in the petition, otherwise it would be beyond my competence to decide on giving the custody of the child to the petitioner. The custody is considered, in general, a right to which both parties are basically entitled,” he said.
Judge Khaled Yahya Al Housny, the only judge who presides over the proceedings in Shariah-related cases, attributed the rise in marital disputes to the changing lifetsyles and increasing financial problems in daily life, including the high cost of living and spiralling rents, in addition to some social factors, primarily, extra-marital relationships.
According to Al Housny, the petitions, which may be filed by either of the spouses, are usually related to provisional custody, alimony, financial dues and delivery of personal belongings.
Divorce cases
“The petitioners in divorce cases usually seek urgent and provisional procedures awaiting verdict. On approval of the petition, the judge of the Shariah summary proceedings issues an express order to be executed within 48 hours,” the judge said.
Judge Al Housny further explained: “The petition can be filed and executed upon the judge’s order in the absence of the second party, that is, the spouse. Petitions like these necessitate a provisional measure to solve a situation or a circumstance, which may otherwise lead to a potential risk.”
The urgent order may be pertaining to a provisional custody of minors “when a toddler is left alone in a house without any proper care, when a husband leaves his family without power in the scorching temperatures during summer. Those factors are humanitarian and exceptional. Hence the spouse resorts to us for intervention,” Judge Al Housny pointed out.
Life risk factor
“The life risk factor should be mentioned in the petition, otherwise it would be beyond my competence to decide on giving the custody of the child to the petitioner. The custody is considered, in general, a right to which both parties are basically entitled,” he said.
Urgent order
The urgent order may also be related to a provisional seizure or delivery of personal belongings. “If the wife has any fear or doubts that her husband might leave the country before the divorce case is settled then she resorts to the Shariah summary proceedings,” he added.
“Pending the verdict in any Shariah case, I can issue an urgent and provisional order to restrain the husband from travelling, impose a provisional seizure of any of his belongings so that he pays the dues to his wife. The dues may include the alimony and the deferred dowry,” he said.
Judge Al Housny pointed out that the marital cases were usually subject to the Personal Status Law. “If there is no explicit text or article that could be made useful in the settlement of the dispute subject of the case then the judge might resort to the Civil Procedural Law.”
Papers, documents
According to him, the order the Shariah summary proceedings judge issues is based on the papers and documents he receives. Police intervention can be sought when the other spouse refuses to abide by the urgent order.
The police officers make sure the child is delivered to the petitioner or the due alimony or deferred dowry deposited in the court treasury. The other spouse has the right to challenge the petition before the same judge.
Judge Al Housny concluded by saying: “The judge of the Shariah summary proceedings usually abides by two principles: first the urgency factor, and second, not affecting the other party’s right.”
The judge of the Shariah Summary Proceedings is available at the Shariah Court from 7.30am to 2.30pm and from 5pm to 8.30pm. Source
No comments:
Post a Comment