JEDDAH: The Supreme Judicial Council has issued a circular on the genealogy and marriage dispute. The first circular on a relevant matter was issued on Aug 4., a copy of which Arab News received. The circular stressed that Islamic Shariah originally came to ensure fair laws and orders to protect life, religion, property, mind and honor, while Islam bans injustice. The origin of the marriage requirements is the true practices and commitment of Islam, not the origins of the wife or husband, according to the circular.
The circular stated that this kind of issue, which could raise fanaticism and doubts on families’ origins, as well as create disunity in society, would not be accepted. The Supreme Judicial Council decided that these issues would not be considered by the courts.
The circulation clarified that these issues must be treated in accordance with the Interior Ministry’s circular, which ordered that accepted issues, before the new decision, will be maintained, while new ones must be reviewed by the Civil Status Department of the Interior Ministry.
Justice Ministry spokesman Mansour Al-Qaffari has said in previous statements that the judicial system in the Kingdom applies Islamic laws that ensure fair decisions to protect and maintain religion, life, honor, property and mind, in a way that balances the individual and society’s interests.
He clarified that parents, who deprive their daughters of getting married to good men, help to enhance injustice. He said, the judicial system in the Kingdom considers the parent’s rejection of marrying their daughters to be a cause to remove their guardianship of marriage. The judicial laws in the Kingdom focus on religious efficiency, not the origins of men and women.
“There has already been a decision of the Permanent Commission of the Supreme Judicial Council No. 1228/5 which states: ‘Efficiency of the religion has been proved in the Holy Qur’an and Sunnah, and rejection of marriage with other people who have no proper origins comes within the people’s choice, while the legitimacy of contracts issued by a woman’s consent and her guardian, such as brother, father and so, are not valid,’” Al-Qaffari added.
The Supreme Court’s decision No. 3.3 / 8 states: “The basic principal of the marriage contract is the validity, but if these contracts violate the Holy Qur’an or the Prophet’s Sunnah, the contracts are not valid. If the marriage contract did not show that woman’s origins are not equivalent to the husband, this contract violates Islamic laws. The basic principle is validity of the contracts, while all issues have different conditions and circumstances.”
The legal adviser Abdul Aziz Al-Harthi said that courts consider such cases as it is the right of each person to resolve his problem in courts. However, the non-acceptance of considering these issues will prevent people from practicing their rights. He called for consideration in these cases because each case has different conditions. If the judge finds that there is no clear reason for considering this issue, he has the right to dismiss it.
Earlier this week, a case that is currently being heard in the special court in Al-Ayina about social incompatibility between a husband and wife was a hot topic of discussion among the public after the issuance of a preliminary ruling by the court forcing the wife to leave her husband.
While the new ruling was in agreement with a previous ruling, the case has once again resurfaced after press sources confirmed that the main reason for the issuance of the ruling was not social incompatibility and inequality between the spouses, as rumored, but rather deception and fraud in the original marriage contract, which made it invalid.
This revelation prompted the judge to rule in favor of the dissolution of the marriage contract, however the lawyer of the husband has appealed the ruling, sources revealed.
The circular stated that this kind of issue, which could raise fanaticism and doubts on families’ origins, as well as create disunity in society, would not be accepted. The Supreme Judicial Council decided that these issues would not be considered by the courts.
The circulation clarified that these issues must be treated in accordance with the Interior Ministry’s circular, which ordered that accepted issues, before the new decision, will be maintained, while new ones must be reviewed by the Civil Status Department of the Interior Ministry.
Justice Ministry spokesman Mansour Al-Qaffari has said in previous statements that the judicial system in the Kingdom applies Islamic laws that ensure fair decisions to protect and maintain religion, life, honor, property and mind, in a way that balances the individual and society’s interests.
He clarified that parents, who deprive their daughters of getting married to good men, help to enhance injustice. He said, the judicial system in the Kingdom considers the parent’s rejection of marrying their daughters to be a cause to remove their guardianship of marriage. The judicial laws in the Kingdom focus on religious efficiency, not the origins of men and women.
“There has already been a decision of the Permanent Commission of the Supreme Judicial Council No. 1228/5 which states: ‘Efficiency of the religion has been proved in the Holy Qur’an and Sunnah, and rejection of marriage with other people who have no proper origins comes within the people’s choice, while the legitimacy of contracts issued by a woman’s consent and her guardian, such as brother, father and so, are not valid,’” Al-Qaffari added.
The Supreme Court’s decision No. 3.3 / 8 states: “The basic principal of the marriage contract is the validity, but if these contracts violate the Holy Qur’an or the Prophet’s Sunnah, the contracts are not valid. If the marriage contract did not show that woman’s origins are not equivalent to the husband, this contract violates Islamic laws. The basic principle is validity of the contracts, while all issues have different conditions and circumstances.”
The legal adviser Abdul Aziz Al-Harthi said that courts consider such cases as it is the right of each person to resolve his problem in courts. However, the non-acceptance of considering these issues will prevent people from practicing their rights. He called for consideration in these cases because each case has different conditions. If the judge finds that there is no clear reason for considering this issue, he has the right to dismiss it.
Earlier this week, a case that is currently being heard in the special court in Al-Ayina about social incompatibility between a husband and wife was a hot topic of discussion among the public after the issuance of a preliminary ruling by the court forcing the wife to leave her husband.
While the new ruling was in agreement with a previous ruling, the case has once again resurfaced after press sources confirmed that the main reason for the issuance of the ruling was not social incompatibility and inequality between the spouses, as rumored, but rather deception and fraud in the original marriage contract, which made it invalid.
This revelation prompted the judge to rule in favor of the dissolution of the marriage contract, however the lawyer of the husband has appealed the ruling, sources revealed.
