Among them is the demand for a “close” marital home..and choosing a specific profession for the husband

Families set exaggerated conditions to marry off their daughters, leading to divorce

  • Dr. Youssef Al-Sharif: “The law permits the request for annulment of the marriage if one of the spouses stipulates a specific description in the other, and it is found to be contrary.”

picture

The legal advisor, Dr. Youssef Al-Sharif, warned of exaggerated conditions that some families place in the marriage contracts of their daughters, which makes them a constant source of tension in the marital relationship, and may be a reason for its end to divorce in the event of a breach of it.

This includes requiring the husband to provide a marital home near the wife’s family, or not to travel and reside with her outside the country, or to work in a specific profession, or not to marry another woman, and others.

Al-Sharif presented a number of stories in this context, including the story of an Arab girl, whose father stipulated that her husband, a graduate of the Faculty of Medicine, during the marriage contract work in the field of medicine only, but he violated this condition and worked in another field, which led her father to ask for her divorce from him.

A 31-year-old Arab woman said that she met a colleague while they were studying medicine in their country, and he proposed to her more than once during the study period, but her father was adamant about refusing to marry her before graduating.

She added that the father finally agreed to their engagement while they were in the last year of school, after making sure of their closeness to each other and her attachment to him.

But he stipulated on her fiancé, before the marriage contract and in front of the authorized person, that the wedding ceremony should not take place unless it was appointed in a hospital located near her family's place of residence, noting that she and her fiancé graduated and were appointed to a hospital near her family's house, and the marriage took place, and she gave birth to a girl.

She explained that she had recently received a job offer in a hospital in the UAE, and after consulting her husband, he agreed to accompany her on travel and search for a job opportunity in his field.

She said: “We came to the state, indeed, and I got a license to practice the profession, but my husband failed to pass the license exams after applying for it more than once, and consequently he could not practice medicine.

This prompted him to look for another job, and he got a job in a private hospital, with a medical job.

When my father learned of this, he expressed his great annoyance for my husband’s breach of the condition he had set for him before marriage, based on appearances, and to be commensurate with his daughter and her profession.”

She stated that her father is stubborn and seeks to destroy her married life, in order to fulfill his condition and his dream of marrying her to a doctor, without taking into account the stability of his daughter's life and the birth of a child, noting that he asked her to separate from her husband based on the fall of the condition, while her husband dealt with the matter calmly. And he expressed his willingness to return to his country again, and to continue his previous work as a doctor, to meet his father-in-law's request.

She inquired about the legality of the conditions set by some families in marriage contracts, and the consequences for them in the event of a breach of them.

Dr. Youssef Al-Sharif explained that the questioner’s father “very much adhered to the condition,” and explained that “he is no longer a party to the marriage contract,” noting that “the condition concerns the questioner, not her father.

Therefore, if we assume that she is the one who insists that her husband is a practitioner of medicine, then this is her right.

But the law restricted this matter within a certain scope, and stipulated that if one of the spouses stipulated a specific description in the other, and it was found to be contrary, the conditional had the right to request the annulment of the marriage.

He pointed out that “the law equated the husband and the wife with the right of annulment when the capacity that she stipulated in the contract has passed, and it is like what the questioner’s father stipulated in her favor that the husband be a doctor, and he graduated from the Faculty of Medicine, and worked as a doctor, and accordingly, the Personal Status Law stated that The right of annulment is forfeited by dropping the owner or his consent to the violation, explicitly or implicitly, and it is considered in the rule of implicit consent that one year has passed since the violation occurred with knowledge of it, as well as by an irrevocable divorce, and if the questioner’s husband left medicine a year ago, and the questioner did not object, as well as her father, this is considered a waiver of condition, and they are not entitled to adhere to it later.”

He called the questioner not to be afraid of the condition, to continue her married life, to continue her righteousness to her father, and to dialogue with him in kindness, and that there is no obedience to a creature in disobedience to the Creator.

• The father expressed his great annoyance at the husband's breach of the condition he set before marriage... and insisted on divorcing his daughter from him.

Follow our latest local and sports news and the latest political and economic developments via Google news