شروط الخلع في السعودية 2022 الإجراءات والخطوات

Conditions of dislocation in Saudi Arabia 2022

Recently, divorce cases in Saudi Arabia have increased for several reasons, and from these cases as well, God says in his book. God will not rest assessed the limits of God, there is no wing.[1]In order for the khul’ to be valid, many conditions and controls must be met, including:

• If a woman hates her husband for any reason, and therefore she cannot complete her married life with him, and she cannot fulfill his marital duties to the fullest because of this hatred.
• The inability of the husband to bear the financial responsibilities that he must bear towards his wife and family.
• In the event that family disputes between the wife and husband escalate so that the continuation of married life between them becomes impossible.
• If the indicators are a function of the miserliness of the husband.
• If there is an intellectual or physical incompatibility between the husband and wife.
• In the event that the husband had more than one wife and was not able to do justice between them to the fullest.

Husband’s rights if the wife asks for divorce

The new Khula regime in Saudi Arabia 2022

In the new divorce system decided by the Saudi government and the authorities concerned with personal status affairs in Saudi Arabia, where there are many articles that regulate the provisions of divorce in the personal status law among the 254 legal articles, as these are explained to the articles of many legal texts related to divorce, and these texts :

• All procedures related to divorce must be carried out by agreement between the spouses, whether they have recourse to Sharia courts or through obtaining a court ruling.
• The term khul’ does not count as one of the divorces, and it occurs with it or with any word that indicates this khul’, and khul’ takes place in any case the woman is in, and it differs from the provisions of divorce with regard to the pregnant woman and the postpartum woman.
• The court shall automatically annul the marriage contract for the wife who has not consummated consummation and the husband has not paid her dowry, as the husband is given a grace period by the court to pay the dowry within a period of up to 30 days from the old request, and after the expiry of this period and the husband has not paid, she The court rescinds the contract.
• The court has the discretion to terminate the husband’s contract if it considers that the husband has caused harm to his wife and this harm has been proven with evidence.
• Marriage can also request divorce from her husband if her husband is absent from her for a certain period of time, provided that this period is not less than a year, and not more than two years, provided that this absence is for an illegal excuse or for an unknown reason.
• The court can annul the marriage contract on its own if it is proven to it that the husband refrains from spending on his wife, as maintenance is one of the obligatory matters that fall on the husband’s shoulders, and if he does not perform it, the marriage contract can be annulled as one of his conditions.

Reasons for rejecting the divorce case in Saudi Arabia

It is true that khul’ is a right for the wife to do whenever she wants to and there are reasons for it. However, there are many cases that have been established by the Kingdom of Saudi Arabia, according to which the claim for khul’ is rejected. These reasons are:

• In the event that the marriage stated the reasons for which it requested divorce, it must first prove all these reasons, by being real and signed by the court to a large extent.
• The divorce request by the wife must include all the conditions and restrictions that have been approved by the court in order to verify all the reasons leading to the request for divorce.
• If the divorce applicant was presented by the wife due to the husband’s absence from her for a specific period of time, but the husband’s absence in this case was for legitimate reasons that the court considers.
• Finally, it is not permissible for the reason for khul’ to be due to reasons that require it to be legitimate.

Revocable divorce in court, its ruling and how to prove it

Procedures for filing a divorce suit in Saudi Arabia

The Kingdom of Saudi Arabia has developed a set of procedures that must be taken when submitting a request for divorce by the wife before the Sharia courts. These procedures are:

• The marriage contract between husband and wife must be valid, complete and registered in the competent court.
• The reason given for this request for khul’ must be real and convincing.
• All documents and papers related to the divorce request must be submitted, which would prove the truth of the divorce request and affect the court’s conviction.
• It was also mentioned previously that the divorce is by the wife in exchange for compensation she pays to the husband, and therefore the wife must determine the amount of compensation that she must provide to the husband if her request for divorce is approved by the court.
• The court must direct to the competent Sharia court in order to determine all the information that is relevant to it in making the case related to the divorce request available.
• The first hearing is fixed on a specific day, date and hour, and the husband is summoned by the court bailiff.
• When the date of the session arrives, the wife must mention the name of her husband and her children if she has children from him, and after that she asks for divorce.
• The wife must also state the value of both the breech and the dowry, which are proven in the husband’s contract.
• The judge then directs questions to the husband regarding the reasons mentioned by the wife against him, and whether they are real or not, and if these reasons are acceptable and the judge is convinced of them, he shall decide the divorce.

How to request an electronic dislocation in Saudi Arabia

The Kingdom of Saudi Arabia has provided the wife with a request for divorce electronically and without the need to go to court, as many people wonder where to submit this request, and it is worth noting that the divorce request is submitted on the Ministry of Justice website, by following the following procedures:

• Entering the services page on the Zwara Justice website “from here”.
• After that, the user must choose the electronic services item from the list that appears.
• Then a branched list appears through which the final circuit request service is selected.
• After that, click on the Social Status Service item.
• After all the previous procedures have been done, you must click on the new request.
• After that, a list will appear from which the personal status item is selected, after which the cases of marriage and discrimination must be selected.
• After that, the item of dislocation lawsuits is selected and clicked on it.
• A list will appear through which all the information related to the husband and wife will be entered accurately, according to what was mentioned in the personal status identity for both.
• After that, the request will be clicked if the wife is completely sure of her decision.
• In the event the wife declines, she may save the application for a draft until her final decision is taken.

The wife wants a divorce and the husband does not

Requirements for a divorce suit in Saudi Arabia

What are the requirements for a divorce suit in the Kingdom of Saudi Arabia have been determined, so that these requirements must be met when submitting a divorce request before the competent authority, these requirements include:

• Two witnesses must be brought in addition to two modifiers.
• Both spouses must also be present, or their agents may be present in their stead by virtue of a duly legal power of attorney.
• An original and a copy of the personal IDs of both the husband and wife must be brought.
• The original marriage contract must be submitted along with a copy of it.
• There must be a valid power of attorney for the wife in case she submits a power of attorney to take.
• If the marriage document was issued from outside the Kingdom of Saudi Arabia, it must be attested by the Ministry of Justice in addition to the Saudi Ministry of Foreign Affairs.

Husband’s rights when divorced in Saudi Arabia

There are many rights that accrue to the husband as a result of the wife’s request for khul’. After the court accepted the khul’ request and approved the dissolution of the marriage contract, these rights are represented in the following:

• The wife who obtained the divorce request by the court must return the dowry named to the husband and which was indicated in the marriage contract.
• The wife must also pay all attorney’s fees and expenses, these fees are determined based on the duration of the difficulty of the case, the period of time she needed, in addition to the attorney’s previous experience.
• The wife must relinquish all material rights granted to her under the marriage contract; Such as alimony and pleasure, and her right is limited to requesting a home for her children, if they are present.
• Before approving the divorce request, the court seeks to resolve the dispute between the wife and husband amicably. It also provides a special committee to solve problems and disputes between husbands. This committee, in turn, meets with the wife and husband, and tries to reach an appropriate solution that satisfies both parties. Concerning divorce issues.
• The husband has the right to present his defenses and objections to all the accusations leveled against him by the wife; This is in order to preserve the marital relationship between him and his wife and to reject the divorce suit submitted by her.
• It is possible that the duration of the divorce case in court until the decision is made, this period ranges between two to three months, as this period is surrounded by many reconciliation attempts between the spouses before the approval of the divorce.

When is divorce mandatory?

Conditions of khul’ without compensation

It is true that khul’ must be in exchange for material compensation that the wife must pay to the husband. However, there are a few cases in which the compensation is forfeited and is not due by the husband, and among these cases:

• In the event that the husband suffers from a disease in which he is unable to perform his marital duties, i.e. practice the marital relationship with his wife, in this case the wife has the right to request divorce without giving compensation to the husband.
• In the event that the wife proves that her husband does not love her but rather hates her greatly, and in this case the wife has the right to request khul’ without compensation to be paid to the husband.
• If the husband physically abuses the wife; such as beating or torture, or psychologically; Like imprisonment, in this case the wife has the right to request divorce.
• If the husband is addicted to drugs, or drinks alcohol heavily, this causes harm to the wife and children as well.

The period of execution of the judicial ruling in Saudi Arabia

Conditions for the validity of divorce in Islam

Islam permitted the request for khul’ by the wife in the event that several conditions are met for the validity of khul’. These conditions are:

• That the will of both spouses is directed to divorce.
• The husband must be worthy of being mature and distinguished.
• The marriage contract between the wife and husband must be valid and contain all the conditions stipulated in Islam.
• The compensation must be properly defined.
• That the wife enjoys full capacity.
• There is no difference whether the wife has an income or not.
• If the khul’ is approved by the court, it must be with the consent of both the husband and wife.

Ruling on divorce in Islam

Islamic Sharia has approved khul’, and made it lawful if its conditions and provisions are met, and in some cases it has made it forbidden. The following is an explanation of that:

Permissibility of khula

Islamic law permitted a woman to request divorce from her husband in many cases; As a lack of her husband, or if her husband hated so that they can not complete her married life with him, and from the verses of the function on the beef. I value the limits of God.[1].

The prohibition of khul’

The request for khul’ by the wife is forbidden in Islamic law in the event that she is not right, or without a legitimate justification, or an acceptable excuse. The Prophet, peace and blessings be upon him, says: “Any woman who asks her husband for divorce without any problem, it is forbidden for her to smell heaven.”[2]

It is clear from the foregoing that khul’ is the right of the wife if the conditions specified by Islamic Sharia are met. This has also been clarified in Conditions of divorce in Saudi Arabia 2022 procedures and steps, Where this divorce must be in return for money that must be paid to the husband in exchange for the divorce by the wife, and in some cases it may be free of charge if the above-mentioned cases are available.