Reciprocal duties and rights of parties to a marriage
Tuesday 15 July 2008, by
– on the alimony
Article 1106 - The cost of maintenance of the wife is at the charge of the husband in permanent marriages.
Article 1107 - Cost of maintenance includes dwelling, clothing, food, furniture in proportion to the situation of the wife, on a reasonable basis, and provision of a servant if the wife is accustomed to have servants or if she needs one because of illness or defects of limbs.
Article 1108 - If the wife refuses to fulfil duties of a wife without legitimate excuse, she will not be entitled to the cost of maintenance.
Article 1197- A person is entitled to maintenance expenses if he or she is poor and cannot earn a living by adopting an occupation.
– on the dowry
Article 1088 - In the case of the foregoing Article, if one of the marrying parties dies before the fixing of the marriage portion and before the consummation of marriage, the wife will not be entitled to any marriage portion.
Article 1092- If the husband divorces his wife before the consummation of marriage, the wife be entitled to half of the marriage portion and if the husband has already paid more than half of the marriage portion he has the right to demand the return of the surplus, in original, in the equivalent, or in value.
Article 1101- If the marriage is cancelled before matrimonial relations for any reason, the wife is not entitled to any marriage portion . If the reason of cancellation is impotency, the wife will be entitled to half the marriage portion notwithstanding the cancellation of the marriage.
Article 1133 - A man can divorce his wife whenever he wishes to do so .
Note of the article 1133 of civil code: the wife can refer to the court with considering the condition in articles 1119 ,1129.1130
Article 1149 - Return to the wife after divorce can be effected by any word or deed which may convey the idea, provided that it is based on an intention to do so.
Article 1141 - It is not proper to divorce a wife between two monthly periods during which intercourse has taken place unless the wife is pregnant or is incapable of conception.
Article 1142- The divorce of a wife who although of child - bearing age has no monthly period, will be valid only when three months have passed from the date of the last matrimonial relations with her.
Article 1129 - If the husband refuses to pay the cost of maintenance of his wife, and if it is impossible to enforce a judgment of the court and to induce him to pay the expenses, the wife can refer to the judge applying for divorce and the judge will compel the husband to divorce her. The same stipulation will be binding in a case where the husband is unable to provide for the maintenance of the wife.
Article 1119 - The parties to the marriage can stipulate any condition to the marriage which is not incompatible with the nature of the contract of marriage, either as part of the marriage contract or in another binding contract: for example, it can be stipulated that if the husband marries another wife or absents him self during a certain period, or discontinues the payment of cost of maintenance, or attempts the life of his wife or treats her so harshly that their life together becomes unbearable, the wife has the power, which she can also transfer to a third party by power of attorney to obtain a divorce herself after establishing in the court the fact that one of the foregoing alternatives has occurred and after the issue of a final judgment to that effect.
Article 1130 - In the following circumstances, the wife can refer to the Islamic judge and request for a divorce. When it is proved to the Court that the continuation of the marriage causes difficult and undesirable conditions, the judge can for the sake of avoiding harm and difficulty compel the husband to, divorce his wife. If this cannot be done, then the divorce will be made on the permission of the Islamic judge.