ARTICLE -62

If the wife murders her husband, whereby her rights for inheritance is conclusively
forfeited, prior to consummation of marriage, she will have to return whatever she has
received of Al-mahar, and to consider whatever unpaid (by her husband) as canceled.
If the murder has taken place following consummation of the marriage, she shall not be
entitled to any unpaid portion of Al-mahar.
ARTICLE -63
8- The wife i entitled to half the quoted mahaf ifdivoroed prior to consummation of
marriage or confirmed marital privacy.
b- If she ba ' received more than half, she sbould pay that part in excess.
c- If she donates half or more of her mabar to her she may not return anything
if divorced prior to consummation or confinned marital privacy; if the part that she
has donated to her husband is less than half At the remaining portion to the half
may be reclaimed from her.
ARTICLE -64
The woman is entitled to a gratuity to be decided by the judge not exceeding half
Al-mahar of a compatible case if separation falls prior to consummation of marriage or the
confirmed marital privacy in cases indicated in paragraph (b) of article (55).
ARTICLE -65
The whole mahar or the gratuity shall be dropped if separation falls because of the wife
prior to consummation of marriage or confirmed marital privacy.
ARTICLE -66
If a man marries during his terminal illness leading to his death for an excess of
Al-mahar of a compatible case, the amount in excess shall be subject to the provisions of the
will.
ARTICLE -67
a- An action denying what is written in the marria.ge contrnct with regard to the
principal of Al-mahar or its amount may not heard,
b-Ifthe contract not sh w At-mahar, the following two artides shall apply,
ARTICLE -68
a- In case of a dispute between the spouses over the original quoted mahar after being
confinned, aud the inability of the prosecutor to prove otherwi he may judge
l-mahar quoted at the first otTer for marriage) lnd the equivalent fur a compatible case
upon taking the provided it does not exceed the amount claimed by th wire nor
does it have to be less than what is claimed by husb& d.
b- The same applie....; in cases of disputes t\ ood the other pants heirs,
c- In case ofa dispute among the heirs of any of the spouse-s, the quoted mahar shall
if 0 herwise, it is the equivalent for a compatible case,
d- If the di pute falls before confirmmg Al-mahar, halfsb.all be ruled if its quoted
amount is confirmed, and for the gratuity ifnot confirmed provided it do not
halfofwhat is claimed by th wife and is not less than half of what is claimed by the
husband.
ARTICLE -69
If the spouses dispute over the amount of the quoted mahar, the wife's statement shall be
conclusive, but if she is unable to prove it, it is the husband's statement upon taking an oath;
and if his statement is unacceptable for a compatible case according to customary practices,
the equivalent in a compatible case shall be judged provided it does not exceed the amount
quoted by the wife.
The same applies in cases of dispute between any of the spouses and the other party's
heirs, or among their heirs.
ARTICLE -70
a A guarantee for Al-mahur may be accepted from tUl providCid itS
acceptance i ' made during Al,mnjlis (the implicitly.
b- The wife may recourse on h r the or and the luamntor may
recQurse on the husband if the 1 tter has endorsed the guarnntoo,
c A guarantee made during the illnest of the termin 1guarnntor lending to hi is
'ubject to the provisions 0 - the wilL
ARTICLE -71
The guarantee may be held pending by an adequate condition, and shall not expire upon
death of the guarantor, the person being guaranteed or the beneficiary.
S ti
NA A & S NG F C
ARTICLE -72
a- he wife i not Obliged to provide any ofthe housing effutts 0 her mltrimonhtl
dwelling; if -he does. it is her own property.
b- The hu band may utilize whatever the wife may provide for the so
long as the wedlock exists, and he may not be responsible for it ex.cept in cases of
assault.
ARTICLE -73
If the spouses dispute over the housing effects without sufficient evidence to this effect,
the wife's statement shall be taken as conclusive upon taking the oath as customary to
women; and it is the husband's statement to be conclusive upon taking the oath, otherwise.
The same applies in cases of dispute between any of the spouses and the other party's
heirs or among their inheritors.
lyy
ARTICLE -74
The husband shall be responsible for providing for his wife under a true contract, even if
she is financially mouseera (solvent), or of another faith, if she gives herself to him even
judicially.
ARTICLE -75
The provision shall cover for feeding, clothing, housing and all relevant expenses
including medication, housing assistant services and others as customarily accepted.
ARTICLE -76
The provision shall be determined according to the condition of the husband, solvent or
insolvent, irrespective of the wife's condition, provided it is not less than the wife's
subsistence.
ARTICLE -77
a- A provision is subject to an Increase nr dett'@.J1se pending e.hanaina
condition or the price rates o. the country.
b- An action for increasing or decrea ing the provision \\1t\y not 00 herud one
year as from the date ofstipulating thereof for ttn in and
cases.
c- The increase or decrease 'hall be determined as frol'n the judgment date.
ARTICLE -78
8.- The wife alimony shall be detennined as from the d te ofretrninina from making
provision considering it is being legitimately ordnined on the husband which does not
allow for any otherwise Judgment or consent from the it may not also 00
forfeited except if paid or confinned as taking following parnlrnph into
consideration.
b- An action on this regard may not be heard for an. of more than two
years long, the end of which is the date of filing the a unless it is judged by

- Ifthe husband does not acknowledge such it may only be confirmed in
writing.
ARTICLE -79
a- he during review of an _limony action th husband to perfurm a
temporary alimony to the wife upon her request} to 00 renewed on 3. monthly ba is; sueh
order shall be issued on at immediate executing basis.
b- The husband may reduce or reclaim whatever he has performoo} pending the final
judgment.
ARTICLE -80
If the wife demanded a set-off between her alimony and her indebtedness to her husband,
her request shall be executed irrespective of the husband's consent.
ARTICLE -81
If the husband demands a set-off between his wife's ali mony and her indebtedness to
him, his request can only be executed provided she is solvent and able to pay the debt from
her own money.
ARTICLE -82
The wife's alimony shall have precedence over the husband's money upon execution,
even if it can only provide for the alimony.
ARTICLE -83
8- A guarantee for the wi fe's alimony is valid whether present or future and
whether ordered under aJudgment, or by consent or is not ordered,
b- Provision' ofanides 70 and 71 shall apply on the guanmt of an alimony,
S ec 0
SN A
ARTICLE -84
a- The husband is required to provid the \vile with the hOll 'ing fur his
compatibles.
b- And she is required, upon receipt of Al-mahar to move in with him,
ARTICLE -85
The husband may not bring a second wife to live with his wife against her will.
ARTICLE -86
The husband may not bring in anyone to live with his wife except for his minor children,
and whoever is deemed necessary for them to live with him from his other children, his
parents, provided they may not cause any harm to the wife.
ARTICLE -87
8- If the wife abstains from moving in to her matrimonial dwelling without any legal
basis, or has prevented the husband to move in with and he has not rejected to her
moving in, she her rights for an alimony fur the period of her a.bstention as
legally c.onfirmed.
b- A wile' nou ho lZ (disloyalty) sh 11 only be confirmed if reO in from
th tinal judgm nt on adh ne,
c- Her ab t nn n may be legnUy standing if her husband violates hi responsibilities ns
her has not paid her advance mahar, not provided her 1 gitimate dwelling,
or has refrained ' m making provisions for and she i" unabl to execute the
judgment for her alimony fur not having an apparent source of incom tbr him.
ARTICLE -88
The judgment on the wife's noushouz (adherence) may not be executed by force against
the wife.
ARTICLE -89
A wife may not be considered as nashez (disloyal) if her abstention is based on
legitimate reasons, or for doing something legitimate as long as it is not to the disinterest of
the family.
ARTICLE -90
The wife should move in with her husband unless otherwise determined by the court for
interest reasons.
ARTICLE -91
The wife may leave for performing pilgrimage to be accompanied by a mahram (a
forbidden relation), even against her husband's permit with her provisions to continue during
her leave.
ARTICLE -92
For cases taking place as from the date thereof:
8- Denial n a not be hea in matrimonial s it COl timl in an offidnl
malTiag document or that the d nial has come Uo nn ackl 0 L gmMt of
matrimony in mei 1documents.
Except for actions flIed as basis for an independent action to document a parenta e
or a relationship that should document a further right; a judgm nt I'llling on the
relationship sh 11 constitute a ruling of the matrimony as a. re ult
b- A matrimonial action may not Iso be heard ifth wire is below the age offiftoon or
the husband is less than sevent n years old at the time of filing th action.
ARTICLE -93
He shall be considered as competent on a matrimonial action and all its produced effects,
who is an adult of the said age stipulated in the above article.
ARTICLE -94
An action may be filed against the wife alone, however, if the spouses have together
signed the marriage document that demanded the consent of her wali, he should be included
as a litigant too.
ARTICLE -95
If the matrimony is alleged against an apparent husband, his litigation is also required.
ARTICLE -96
a- A matrimonial action shall not be considered as true ifthe plaintiff has previously
acted in a conclusive manner to its contradIction.
b- A person who acknowledged a woman to be a mahmm (forbidden) to him on redata
(lactation) basi, and later declared matrimony. his contradiction shall be pardoned
provided he withdraws his acknowledgment prior to the action.
ony)
e
Sf NS
ARTICLE -97
Divorce is the annulment of a true marriage at the husband's willing, or his representative
by uttering a specific pronouncement, as stated under article (104).
ARTICLE -98
a- There are two types ofdivoro : raj'ey (revocable) and balen (irrevocable).
b- At-Talaq Al-rarcy (revocable divorce) does not abolish matrimony oofore the end of
the ida'a (period of waiting).
c- AI-Talaq AI-ba' n (irrevocable divorce) abolishes tlultrimony immooiately.
ARTICLE -99
AI-Fase'kh (Annulment) of a marriage constitutes rescission of its contract, when no
longer is binding, or whereby its existence legitimately ends. It does not diminish the
number of divorce pronouncements.
ARTICLE -100
a- Annulm nt, in all cases, may only be executed pending the decision made by the
judge constituting no provision prior to that.
b- However, if the annulment renders the woman as mahmffi (forbidd n) to the IDan, ttl!
should be separated as from then until decision i made.
ARTICLE - lO l-
a- Annulm nt of marriage after consummation, or the confinnoo marital
entitles the wife ofthe quoted mahar or ofthe luivalen ' in oompatible
ifunquote an amount to her previous marital Stt\hlS of the women vil1linhy or
marriage to th period spent with her husband prior to the annulment.
b- fthe annulment comes after cOllsununation, or the contlnned marital privacy,
thereof, due to the husband's defecting from Islam, the wife i' entitled to the whole
mahar.
o
N
Sectio II e
ARTICLE -102
The divorce is considered as true if pronounced by any mentally competent husband,
who is an adult, an independent and cognizant of his speech; while, a divorce pronounced by
someone who is in a state of mental insanity, idiocy, coercion, falli bility, drunk, shock and
anger that is affecting his speech and actions, is not considered as true.
ARTICLE -103
A divorce pronounced against the wife shall only be held as true if she is married under
true matrimony and is not in her ida'a (period of waiting).
ARTICLE -104
a- The divorce falls ifex.pressly pronounced as cu.'tomarUy known and doc." not fun if
expressed in writing exc pt ifthe mtention is confirmed.
b- It falls if in writing if unable to be pronouncoo.
c- It falls if ex-pi 'sed by an acknowledged gesture if unable to be in writing
or verbally,
ARTICLE -105
H is a prerequisite for the divorce to be complete.
ARTICLE -106
A husband may appoint a proxy to assume his divorce formalities, however, the proxy
may not appoint another as such except at the husband's permission. The power of attorney
expires upon declaring the same by the husband provided the proxy is notified thereof.
ARTICLE -107
The husband is entitled for three divorce pronouncements against his wife.
ARTICLE -108
If a divorcee marries another, her consummation of this marriage shall constitute an
obliteration of the divorce pronouncements of her ex-husband, even if less than three; thus, if
she remarries him, he will be entitled to another three.
ARTICLE -109
A divorce that is provisional for the pronouncement, writing or indicating by gesture of a
specific number shall only fall for the pronouncement of one.
ARTICLE -110
Any divorce to take place shall be held as raj'ey (revocable) except if it falls before
consummation of marriage, divorce for an exchange and the divorce complementary to three,
and any other stipulated as ba'en (irrevocable), herein.
S tio
A K ai'
(Div rce or as) eration)
ARTICLE -l I l-
a- AI-Khal'e means divorcing onets wife in return for an to his sati
by utterance of the specific word for that, or divorce or pronouncing her n di
or its deri atives.
b- Only the spouses, or their proxies, are entitled to effect
ARTICLE -112
Al-Khal'e requires competency of the spouses for effecting the divorce as stipulated
herein.
ARTICLE -113
Each of both parties may withdraw his consent to Al- khal'e before the affirmation of the
other.
ARTICLE -114
All that is legitimately acceptable may act as an indemnity for effecting Al-khal'e.
ARTICLE -115
The indemnity agreed upon for Al-khal'e should be paid; otherwise, Al-khal'e can not be
effected.
ARTICLE -116
A husband shall be entitled for the indemnity provided that effecting Al-khal'e on his
wife (divorcing the wife provisionally) has come of her own volition without any coercion or
harm.
ARTICLE -117
a- If Al-khal'e the condition tor the mother to lactate or to care for the baby ftoo
of or to provide him a specific penod of time, and she failed to fulfill her
the father may recourse tor the equivalent ofthe child pro i or the
cost., of his nursing and caring.
b-Ifthe mother is insolvent, the mther shall 00 compelled to pay childts provision
for which he will remain indebted.
ARTICLE -118
If the father inserts a condition for mu'khal'aa (effecting the provisional divorce) to keep
custody of the child during the child's nursing years, the divorce shall be held as true, but the
condition shall be considered as null and void, and Al-hadena (legitimate foster mother) shall
take the child and the father will be obliged to pay his provision and the costs of his custody.
ARTICLE -11 9
An ill woman on her deathbed may be provisionally divorced, and the indemnity shall be
calculated from third of her money if objected to by her heirs.
If she dies while in her ida'a (period of waiting), her divorcing husband may take the
minimum from her legacy, from the indemnity and from third of the money. If she dies after
her ida'a, or before consummating the marriage, he may take the minimum of indemnity and
of the third of her money.
v eNG
ARTICLE -1 20
8 If the existing husband reftllins from making provisions for his wi has no app4lrent
funds, and his insolvency could not be confilmoo, his wile has the fiaht to demttnd
and the judge may divorce her the hu 'band may avoid the
divorcing by paying her due alimony as from the date the action has been filed.
b- [fthe husband could confirm his or if he is absconded in a known
location or imprisoned and has no apparent fund \ the judge may grnnt him a minimum
of one month and a maximum 0 three months, in addition to scheduled timing tor
di tance to pay the due alimony; a divoree ruling shall b grantoo to
his wite.
c- If the husband is absconded in an unknown location) or if is mis and has no
apparent the judge shall divorce the wife without delay.
ARTICLE -121
A judge's ruling for divorcing on the grounds of fail ure to make provisions falls as
revocable.
The husband may take his wife back during her ida'a if he proves to the court his ability
to pay whereby he shall be capable to continue making provisions and is willing to do so.
ARTICLE -122
If an action is repeatedly fi led for failure to make provisions for more than twice, and the
wife demands divorce for harm incurred, the judge may divorce her irrevocably.
Sftftw..I'It.Tft'I
( vor o )
ARTICLE -123
If the husband swears not to touch his wife for four months or more, or indefinitely, and
continues to do so until the lapse of the four months, the judge may grant the wife, upon her
request, a revocable divorce.
ARTICLE -124
If the husband shows willingness to resume his relationship wi th his wife prior to
divorcing, the judge may delay it for an adequate time; otherwise, the wife shall be granted
divorce.
ARTICLE -125
It is a prerequisite for revoking a divorce on desertion grounds, to actually resume the
marital relationship during the ida'a, except in cases of an acceptable excuse where
pronouncing the resumption of marriage shall be considered as sufficient.
Sec 0
N
ARTICLE -126