Personal Status Issues| Al-Khula.. halal bitter

Qena: Abu al-Maarif al-Hafnawi

to Governorates of Upper EgyptThe constitution of the tribe is above all, even in matters of marriage, divorce andkhulmany recurring problems in divorce Her hero is to judge the young girl for marrying her uncle’s son, even though he is not intellectually or culturally compatible with her, and after a few months or years of marriageThe family is disintegrating because of the divorce, and the limit can reach the khul’ in many cases here in the courts, of which only the relatives are aware, because of what they call the “disgrace” that is falling on the husband if his wife files for divorce against him. .

Years ago, the parents who forced their daughter to agree to the marriage of her uncle’s son were the ones who tried very hard to keep the marriage going, even though there were big problems between husband and wife. wife, and when he reached the impossible, the divorce sometimes took place by mutual consent, and sometimes he reached up to Law courtsThere are rare cases of dislocation, but these days the girl is seeking release in any way; She stands in court to file for divorce or divorce against her husband, after life between them reaches the impossible.

The “Saeedi” woman was not exempt from having the initiative to free herself from a husband who, perhaps, he and his family practiced all the methods of slavery, and after the questions of khul’ had been withdrawn from service in Upper Egypt, today it has become a normal thing that happens again and again, and the ladies of Lower Egypt are no longer Only they are the heroines of divorce cases in Egypt, to see that the women of Upper Egypt also excel in divorcing their husbands, despite the customs and traditions that sometimes criminalize their right to simply seek a divorce, despite the pressures exerted on them, whether in the context of marriage, divorce and divorce.

tribal girls

First of all, Safwat Abu Al-Saud, the legal representative, says: One of the most important causes of divorce in Upper Egypt is the marriage of tribal girls, that is, forcing the girl to marry his uncle’s son. Despite their intellectual or cultural incompatibility with him, and therefore the problems start early, quickly end in divorce, despite the intervention of the parents also to force them to continue in married life, but when it comes to an end, and the failure of the parents in continuous attempts to persuade the spouses to continue, it ends there Life between them, until divorce by mutual consent, or to file a lawsuit, or even until the khul’, in a way known to woman to seek her right after losing it.

Abu Al-Saud adds; Among the causes of divorce are also the wrong choice, the absence of parity, the interference of parents in the life of the spouses, the intellectual incompatibility between the two parties, the consideration of material aspects for the working wife, the narrowness of life for the husband and the lack of recourse to experienced people to find solutions, and the search for certain husbands to find additional sources of income such as pension, tribal marriage, certain gaps in the legislation of the divorce khul’, the exaggeration of dowries, the parents looking at the list and the return of it regardless of the resulting loss of the family, and the wife’s family hiding important information about the husband, this which leads to divorce, And the lack of experience of the spouses to overcome the urgent problems of married life, work for some wives, and certain narcotic substances for husbands, which leads to his lack of conscientiousness. ence of married life, and social media is one of the most important causes of divorce between spouses, and the excessive attachment of some in dramas and soap operas, comparing them and the life in which women live.

The Legal Officer explains; One of the reasons for divorce is also beating, and this concerns husbands, and some of them may be based on evidence from the Quran without looking at what is mentioned there, such as exhortation and abandonment as a means of educating wives. , and leaving the house of wives without permission, which leads to the exacerbation of marital problems and the lack of permission. Communicating about solutions and non-obedience in the sense that the woman does not realize that her husband has the right to obey and enjoy her, in addition to not having children, which is a reasons for divorce, apart from the fact that one of the reasons for divorce is the wife’s desire to obtain her father’s pension, especially with someone who cannot support her.

Scholars also find that the most important causes of khul’ are family interference, cultural differences between husband and wife, social status, material disparity, husband’s mental retardation, lying, lack of expenses for wife and the ill-treatment that comes with beatings, insults and insults to the wife, explaining that when the wife does not do this, she can live with her husband in such cases. She submits a request for divorce, and renounces all her rights in exchange for living in honor and dignity. husband, at the beginning, he is in the most embarrassing kind of embarrassment, especially in Upper Egypt, and after the wife’s insistence on divorce and her refusal to live with him permanently after his retirement in What more once he also takes the side of pride and dignity and surrenders to the court decision and a whole family life comes to an end.

Divorce and Divorce

Ayman Siraj, a lawyer residing in the governorate of Qena, explains that according to the text of Article No. 20 of Law No. 1 of 2000 regulating certain contentious situations and procedures In terms of personal status, which stipulates: “The spouses may agree to divorce each other. If they do not consent, and the wife sue at her request, redeems herself and divorces her husband in renouncing all her financial resources and legal rights, and restoring to her the dowry he gave her, the court orders her divorce.” He explained that in the event that conjugal life between spouses has become impossible, and the wife hates married life with her husband, so she makes amends with him and divorces her by giving up all her financial and legal rights.

He adds; The difference between khul’ and divorce is that the woman in case of khul’ does not get her legal rights, but in case of divorce she gets her legitimate rights, and the woman who asks for khul’ has no discretion for the judge, because she hates life with her husband and is ready to give up all her rights. In the event of a divorce, the court must verify the existence of a prejudice for the wife, and the judge has a discretion to decide to divorce or reject it.

encountered accident news In some cases, she filed divorce petitions against her husband, and one of the women explained; “He tortured me and hit me all the time, for and without reason, and I agreed to live with him in a mansion, and he did not preserve my beauty”, pointing out that she married one of the people, who worked as a colleague of her father at work, and he was older than her, but she was forced to marry him, and he proposed to me when I was seventeen, and after my marriage with him, the problems started between us, at first it was trivial, but it got worse, from the beginning, then ended at the point of my request for divorce, after which he refused and asked to live together, then the problems continued, and I left the marital home and went to my father, and every time he tried to come back to him, and when I came back the problems got worse, these problems continued for almost 10 years, until I decided to file a divorce petition against him.

Twice khul

“I couldn’t take it from the start,” says SM, one of Qena’s wives. I married a young man, after he proposed to me 4 times, after I called off my engagement with my cousin and accepted the engagement of the second “Anda” with my uncle’s son, even though the young man was a stranger, I put conditions on him, he agreed in full, and I wrote my book, to get revenge on my cousin And before the wedding, I told him that I could not continue with him, but he m ‘ lied and pretended he was sick, and he sent me his picture in the hospital, “it was difficult for me”, and I agreed to get married, and after 10 days several problems are happened, and we knocked on the doors of the sheikhs, and it didn’t work out, until I raised a divorce case against him, and told him to give up all my dues, but he refused, until the court decides to divorce.

‘He lied to me in a year,’ said another, and continued: I’ve been married twice and filed for divorce on both occasions, the first was when he told me he was 35, and I was surprised that he was only 47 after my marriage to him didn’t happen, plus he told me he works and has an apartment in Nag Hammadi, and we discovered that it was completely different. As for the second invitation, I submitted it and I was “third month pregnant”, after my husband abused me, he stayed up all night and didn’t work during the day, he didn’t had no financial income, my father tried to help him, find a job or start a small project for him to help with living expenses, but he refused and continued to treat me harshly, and last time i found out he traded gold for chinese gold, and when i confronted him he denied it but we found out his lie so i sued to have it removed.

his legal right

Dr. Ahmed Al-Kalhi, imam of endowments, indicated that khul’ is permitted according to Islamic law, as evidenced by what Al-Bukhari reported in his Sahih on the authority of Ibn Abbas, may God be pleased with him, who said, “A woman came Thabit bin Qais went to the Messenger of God, prayer and peace of God be upon him, and said to him: Messenger of God, I do not blame him for morals or religion, but I hate disbelief in Islam. He, peace and blessings of God be upon him, said, “Will you give him back his garden? She says, “Yes.” So the Prophet, prayer and peace be upon him, said, “Accept the garden and divorce her.” » .

added; If a wife sees a reason from the husband who calls her to separate from him, Islam has allowed her to do so by means of khul’, explaining that khul’ is an annulment of the marriage contract and not a divorce, and the wife after leaving, her husband does not return to him. As for the divorce, he can be seen again during the waiting period, explaining that the divorced wife The waiting period is three periods, but in Khul’, only one menstrual period awaits.

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