Federal Decree No. (8) of 2019, which was recently issued, amending some provisions of Federal Law No. (28) of 2005 regarding personal status, affirmed that “it is not considered a breach of obedience due to the wife leaving the home by virtue of Sharia or custom, or as necessary, Or to work, according to the laws, regulations and customs, and the judge must take into account the interest of the family in all of this ».

In Decree No. (56), the decree specifies three rights for the husband as a result of the wife, namely supervising the home, preserving his assets, and breastfeeding his children from them, unless there is a barrier, and any other rights prescribed by Sharia.

In its Article No. (71), the decree specifies five cases of the wife's alimony that fall, which is if she prevents herself from the husband or refuses to move to the lawful marital home without a legal excuse, and if she refuses to return to the marital home without a legal excuse, and if she prevents the husband from entering into The marital home without a legitimate excuse, and if she refuses to travel with her husband without a legitimate excuse, and if a court ruling or decision is issued that restricts her freedom without the right of the husband and is being implemented. And the decree in Article (30) indicated that the eligibility for marriage is complete with reason and puberty, and the age of puberty is fully 18 years of age for those who did not reach Sharia before that, and does not marry a person who has reached Sharia and has not completed the age of 18, except in accordance with the regulations issued by a decision of the Council of Ministers based on Upon a proposal by the Minister of Justice, and if he asked the one who has completed 18 years of age to marry, and his guardian refuses to marry him, he may submit the matter to the judge, and the judge sets a period for the guardian to attend after announcing it, during which he states his statements, if he does not attend at all, or if his objection is not warranted by his wife the judge. Article (118) identifies cases of damage cases, stipulating that “if the damage is not proven, the case will be rejected, and if the dispute continues between the spouses, the injured party may file a new case. If the family orientation committee and the judge are not able to reform between them, the judge shall by virtue of two rulings appoint Their parents if possible, after each of the spouses was assigned to nominate his family’s ruling as much as possible in the next session at most, otherwise he appointed someone who was marked by experience and the ability to reform, and if one of the spouses failed to name his rule, or he failed to attend this session, and this ruling is not Can be challenged. ”

Differentiate between the spouses

Article 120 of the law states that “if the two rulings fail to reform, the court must present the recommendations of the two rulings to the spouses, and invite them to reconcile before issuing the ruling to differentiate between them. If the couple reconciles after recommending the two rulings to differentiate between them and before the ruling is issued, the court must prove that.” And if “The reconciliation of the two spouses was not possible, and the abuse was all on the part of the husband, and the wife is a student of separation, or they were both students. The two rulings recommended separating with a clear divorce without prejudice to any of the marital rights resulting from marriage or divorce.”

And if “reconciliation between the two spouses is not possible, and the abuse is all on the part of the wife, the two rulings recommend differentiation in exchange for a suitable allowance that the wife can pay unless the husband adheres to it, and the court takes into account the interest of the family, and if the reconciliation between the spouses is not possible, and the abuse was joint, the two rulings recommended separation without allowance Or a fee commensurate with the rate of abuse ».

And if “reconciliation between the spouses is impossible and the situation is ignorant and the abuser is not aware of them, if the husband is the one requesting the separation, the two rulers suggest rejecting his lawsuit, and if the wife is the student or each of them is requesting the separation, then the two rulings of choice in what they see is appropriate for the situation of the family and the children in separating them without compensation Or he refused to differentiate between them.