Federal Law No.

(28) of 2005 On Personal Status

Preamble
We, Khalifah Bin Zayed Al Nahyan, President of the United Arab Emirates State,

Pursuant to the perusal of the Constitution; and:

Federal Law No. (1) of 1972 On the Jurisdiction of the Ministries and the Powers of the Ministers and its
amending laws;

Federal Law No. (10) of 1973 On the Federal Supreme Court and its amending laws;

Federal Law No. (6) of 1978 On the Establishment of Federal Courts and the Transfer of the Jurisdictions
of the Local Courts in Some of the Emirates to These Federal Courts and its amending laws;

Federal Law No. (17) of 1978 On Organization of the Cases and Procedures of Appeal in Cassation Before
the Federal Supreme Court and its amending laws;

Federal Law No. (3) of 1983 On the Federal Judicial Authority and its amending Laws;

The Penal Law issued by Federal Law No. (3) of 1987;

The Civil Transactions Law issued by Federal Law No. (5) of 1985 and its amending laws;

Federal Law No. (22) of 1991 On the Notary Public and its amending laws;

The Law of Evidence in Civil and Commercial Transactions, issued by Federal Law No. (10) of 1992;

The Law on Civil Procedures, issued by Federal Law No. (11) of 1992;

Federal Law No. (21) of 1997 on Fixing the Dowry in the Contract of Marriage and its Expenses; and

Acting upon the proposal of the Minister of Justice and Islamic Affairs and Wakfs, the approval of the
Council of Ministers and ratification of the Federal Supreme Council;

We have promulgated the following Law:

GENERAL PROVISIONS

Article (1)
1. The present Law shall apply to all facts occurring subsequent to the coming into force of its provisions.
It shall retrospectively apply to divorce attestations and divorce lawsuits that have not received final
settlement.

2. The provisions of this Law shall apply to citizens of the United Arab Emirates State unless non-
Muslims among them have special provisions applicable to their community or confession. They shall
equally apply to non-citizens unless one of them asks for the application of his law.

Article (2)
1. In understanding, interpreting or construing the legislative provisions of this Law, the principles and
rules of the Muslim doctrine shall be consulted.

2. The provisions of this Law shall apply to all matters dealt with herein, in words and context. For the
purposes of interpretation and completion of their provisions, the doctrinal school of thought from
which these matters derived shall be consulted.

3. In the absence of a text in this Law, judgment shall be given in accordance with what is widely known
of Malik’s doctrine, then Ahmed’s, then El Shaffei’s, then Abi Hanifa’s doctrine.

Article (3)
Unless otherwise provided, the lunar computation shall be adopted in calculating the time limits
mentioned in this Law.

Article (4)
In the absence of any text in this Law regulating the procedures of any matter, the provisions of the Civil
Procedures Law and the Law of Evidence in Civil and Commercial Transactions shall apply.

Article (5)
The State courts shall have jurisdiction on Personal Status litigations in which citizens, or aliens, having a
domicile or residence or place of business in the State, are defendants.

Article (6)
The State courts shall have jurisdiction on Personal Status lawsuits raised against an alien who has not,
in the State, a domicile or residence or place of business, in the following instances:

1) Where the lawsuit is an opposition to a marriage to be contracted in the State.

2) Should the lawsuit concern a claim in rescission or annulment of a marriage, in repudiation or in
divorce and the claim is introduced by either a citizen wife or a wife having lost her citizenship,
whenever any of the two have a domicile or residence in the State, against her husband who had a
domicile, residence or place of business in the State, whenever the husband had abandoned his wife
and established his domicile, residence or place of business abroad or had been deported from the
State.

3) If the lawsuit concerns a claim of alimony to the parents, the wife or the minor whenever they have in
the State a domicile, residence or place of business.

4) Where the lawsuit concerns the affiliation of a child, having in the State a domicile or residence, or is
related to the guardianship on the person or property, whenever the minor or the person to be
interdicted has, in the State, a domicile or residence or if the absent had therein his last domicile,
residence or place of business.

5) Should the lawsuit concern a matter of Personal Status and the plaintiff is a citizen, or an alien having
in the State a domicile, residence or place of business, in case the defendant has no known domicile or
residence in a foreign country or if the national law is, in the State, the governing law.

6) Where there are more than one defendant and one of them has, in the State, a domicile, residence or
place of business.

7) If he has a domicile of choice in the State.

Article (7)
In instances where the State courts have jurisdiction in accordance with Article (6) of this Law, the court
of the plaintiff’s domicile, residence or place of business shall be competent otherwise the court of the
Capital.

Article (8)
1. The first instance court of restricted jurisdiction, composed of a single judge, shall have jurisdiction to
settle Personal Status matters.

2. The authentications’ judge shall authenticate the attestations delivered by the court.

The Minister of Justice and Islamic Affairs and Wakfs shall issue a regulation on the procedures to be
followed in attestations and their authentication.

Article (9)
1. The court of the defendant’s domicile, residence or place of business shall be competent and, in case
there are several defendants, the court of the domicile, residence or place of business of one of them
shall have jurisdiction.
2. The court of the plaintiff’s or defendant’s domicile, residence or place of business, or the conjugal
domicile, shall have jurisdiction to examine the lawsuits introduced by the children, the wife, the
parents or the fostering nurse, as the case may be, in the following instances:

a) Costs, wages and the like.

b) Fostering, visitation and related matters.

c) Dowry, trousseau, gifts and the like.

d) Divorce, divorce in return of money, discharge, rescission and separation between spouses of all
kinds.

3. The court of the deceased’s last domicile, residence or place of business in the State shall have
jurisdiction to verify the evidence of heredity, wills and liquidation of the estate. If the deceased has no
domicile, residence or place of business in the State, the competent court shall be the one in whose
jurisdiction one of the estate’s immovable property is situated.

4. In matters of tutelage, the competence ratione loci shall be determined as follows:

a) In matters of tutelage, the domicile or residence of the tutor or the minor; in matters of guardianship,
the last domicile or residence of the guardian or that of the minor.

b) In matters of interdiction, the domicile or residence of the interdicted-to-be.

c) In matters of absence, the last domicile, residence or place of business of the absent.

d) In case any of the above-mentioned in paragraphs (a, b, and c) have no domicile or residence in the
State, competence shall be given to the court of the claimant’s domicile or residence or the court in
whose jurisdiction the property of the person to be protected is located.

e) The court which ordered interdiction, withdrawal or cessation of tutorship shall refer the case to the
court of the minor’s domicile or residence in order to appoint a tutor or guardian in case the domicile or
residence of the minor or the interdicted has changed.

5. Should the defendant have no domicile, residence or place of business in the State and it was not
possible to designate the competent court, under the foregoing provisions, stated in the above
paragraphs, competence shall be given to the court of the plaintiff’s domicile, residence or place of
business, otherwise to the court of the Capital.

Article (10)
1. Where the law requires an authorisation or approval from the court, or to submit the matter to the
judge, the request for the order shall be submitted to the court of the applicant’s domicile or residence,
unless otherwise provided by law.
2. Every interested person may, within one week from his notification of the order, submit a grievance
against such order; the court shall decide to uphold, amend or cancel it and its decision shall be subject
to appeal by all means specified by law.

3. The application for appointment of a trustee shall be submitted on a request for the order that has to
be notified to the public prosecution and the potential heirs.

Article (11)
Unless otherwise decided by the court, a stay of execution shall not result from the opposition to the
implementation of judgments, summary or provisional decisions, the minutes drawn-up or
authenticated or the ratified conciliation reports concerning alimony, fostering; or appeal thereof.

Article (12)
In case of applying for the declaration of absence of a person, the litigation shall be directed against the
potential heirs of the absent, his proxy, the one appointed to represent him and to the public
prosecution.

Article (13)
Where the Court of Cassation quashes the appealed judgment, totally or partially, it shall have to decide
on the merits of the case.

Shall be excepted from the foregoing paragraph:

1) Where the appealed judgment has been cancelled on grounds of nullity, due to a reason related to
the notification of the initial pleadings, the court shall, in addition to the declaration of nullity, order to
return the case to the court of first instance for examination, after notifying the litigants, considering
that the appeal against the notification judgment concerns the claims submitted in the case.

2) In case the appealed judgment has decided the non-jurisdiction of the court or the acceptance of an
incidental plea that resulted in staying the procedures of examining the case or in upholding the
appealed judgment on these two counts and the Court of Cassation quashed the appealed judgment, it
has to remit the case to the court that has rendered the appealed judgment unless it decides to transmit
to a circuit composed of other judges or to the competent court for review of the case. The court to
which the case is transmitted has to abide by the decision of the Court of Cassation in the matter settled
by it, unless it is the second appeal, then, should the Court of Cassation quash the appealed judgment, it
has to decide on the merits of the case.

Article (14)
1. The defendant or the person to be notified shall be served the notification at his domicile, residence,
place of business, elected domicile or wherever he is present and if such notification is not possible, the
court may notify him by fax, electronic mail, registered mail with acknowledgment of receipt or by any
equivalent means.

2. In case the process server does not find the concerned person at his domicile, or residence he may
deliver the notice to any of the persons living with him: spouse, relatives sons-in-law; or if he does not
find him at his place of business he may deliver it to his superior at work or one deemed by him as
occupying a managerial position. Under all circumstances, the notice should be delivered only to a
person who appears to have completed his eighteen years of age and who, in person or through a
representative, has no apparent interest in conflict with that of the notified person.

3. If the service processor does not find any of those having the capacity to receive a copy of the notice
or if they refuse to sign the original acknowledging receipt or to take delivery of a copy of the notice
after verifying his identity or if the place is closed, he must deliver, the same day, the copy to the officer
or his substitute in charge of the police station of the domicile of the person to be served, his residence
or place of business, as the case may be. In addition, the service processor must address by mail to the
concerned person, at his domicile, residence, place of business or elected domicile, a registered letter
informing him that the copy has been delivered to the police station.

4. The Court may, by exception to the foregoing paragraph, order the posting of a copy of the notice on
the bulletin board and on the door of the concerned person’s place of residence, or of the place of his
last residence, or, if necessary, by publishing the notice in two dailies, issued in the State or abroad in
the Arabic or foreign languages, as the case may be.

5. Where the court has verified that the person to be notified has no domicile, residence, place of
business, fax, E-mail or a postal address, it shall notify through publication in two dailies issued in the
State or abroad in the Arabic or foreign languages, as the case may be, and the date of the publication
shall be considered as the date of notification.

6. As concerns persons who have abroad a known domicile, residence or place of business, copy of the
notice shall be delivered to deputy - minister of Justice to be notified to them through diplomatic
channels or by registered mail with acknowledgement of receipt.

7. Publication of the notice shall be effective as of the date of notifying the copy, dispatching of the Fax
or E-mail, reception of the registered mail with acknowledgement of receipt or as of the date of
publication, in accordance with the foregoing provisions.

Article (15)
1. A judgment shall be notified to the condemned person either at his domicile, place of business or
residence, otherwise through the means specified in Article (14) of this Law, upon order of the Court
that has rendered the judgment or upon request from the party in whose favour the judgment was
rendered.

2. The period set for appeal of the judgment shall start the day following the date of its issuance if given
in the presence of the parties, or the day following notification of the losing party if the judgment was
given in the supposed presence of the parties.
3. The period set for appeal and for further appeal to the Court of Cassation is thirty days for each.

4. The party in whose favour a judgment has been rendered for divorce, separation, rescission, nullity of
a contract or declaration of death of the absentee, must notify the judgment to the losing party or the
party against whom the judgment was rendered, as if he was present, in order that the periods of
appeal start to run.

Article (16)
1. The lawsuit concerning personal status matters shall not be admitted before the court unless it has
previously been submitted to the Family Orientation Committee. Are excepted from this provision,
matters concerning wills, inheritance and like matters, summary and provisional lawsuits concerning
alimony, fostering, guardianship as well as cases that cannot be settled by conciliation such as evidence
of marriage or divorce.

2. Where conciliation between the parties takes place before the Family Orientation Committee, it shall
be recorded in a minutes signed by the parties and the competent member of the Committee. The
minutes shall be sanctioned by the competent judge, enforced as an executory deed and shall not be
subject to any means of appeal except if it is in violation to the provisions of this Law.

3. The Minister of Justice, Islamic Affairs and Wakfs shall issue the implementing regulation organising
the work of the Family Orientation Committee.

BOOK ONE. MARRIAGE

Title One. Engagement

Article (17)
1. Engagement is a request and a pledge for marriage but is not considered marriage.

2. Engagement of an impeached woman, even if impeachment is provisional, is prohibited and the

engagement of a widow during the period of widowhood may be attacked.

Article (18)
1. Any of the parties may renounce to his engagement and if a prejudice is sustained as a result of an
unjustified renouncement, the injured party may claim damages for the prejudice sustained. The person
causing renunciation shall be treated as the one who renounces.

2. The party who renounces to the engagement or dies may recoup the dowry paid in kind or, if it
cannot be restituted as such, its equivalent at the date of payment.
3. Where the engaged woman purchases a trousseau for the total or part of the dowry then the engaged
man renounces to his engagement, she will have a choice either to restitute the dowry or hand over its
equivalent of the trousseau at the time of purchase.

4. Shall be considered among the dowry, gifts that are considered customarily as part thereof.

5. In case any of the parties unjustifiably renounces to the engagement, and in the absence of a
condition or custom, he shall not be entitled to recover any of the gifts offered by him and the other
party may recoup what he has offered.

6. Where the renunciation is justified, the renouncing party may recover what he has offered, if it still
exists, or its amount at the date of payment, if it has perished or is consummated, but the other party
may recoup nothing.

7. In case the engagement is terminated by mutual renunciation of the parties, each one of them is
entitled to recover what he offered, if still existing.

8. Where the engagement is terminated because of death or for a reason not attributed to any of the
parties, or because of an impediment to marriage, the gifts offered may not be restituted.

Title Two. General Provisions of Marriage

Article (19)
Marriage is a contract that legitimates enjoyment between spouses; its aim is protection and forming a
steady family under the husband’s care on basis ensuring to the spouses the assumption of its charges
with affection and compassion.

Article (20)
1. Spouses are bound by the conditions exchanged except those legitimising the illicit or banning the
legitimate.

2. Where the contract of marriage contains a condition that is inconsistent with the foundations of
marriage, the contract is void.

3. Where the contract is subject to a condition that is not inconsistent with the foundations of marriage
but is in contradiction with its requirements or is considered illicit by law, the condition is void but the
contract valid.

4. If neither inconsistent with the foundations of marriage nor in contradiction with its requirements and
if not legally banned, the condition is valid and should be fulfilled. In default thereof, the party
benefiting of such condition may rescind the marriage, whether he be the husband or the wife, and the
former shall be exempted from alimony, payable during the waiting period following the dissolution of
marriage, if the defaulter is the wife.

5. Should any of the spouses conditions in the other a specific attribute but the contrary was revealed,
the party requiring such attribute may ask for rescission of the marriage.

6. Disavowal negates the effect of any condition unless it is written in the registered contract of
marriage.

7. The right to rescind a contract is foreclosed if forfeited by its owner or if he expressly or impliedly
accepts the contrary. Shall be considered an implied acceptance, the lapse of one year following the
occurrence of the violation with knowledge thereof and in case of irrevocable divorce.

Article (21)
1. As a condition for the binding effect of a marriage, the man must be suitably qualified to deserve the
woman, but only at the formation of the contract. The woman and her tutor are entitled to ask for the
rescission of the contract on grounds of lack of such qualification. The contract shall not be affected by
the disappearance of such qualification thereafter.

2. If the engaged persons are of inadequate age, i.e. the man’s age is double the age of the woman, or
more than that, the marriage shall take place only with the consent and knowledge of the parties
thereto after securing the authorisation of the judge who will withhold it unless there is an interest in
such marriage.

Article (22)
Fitness in religion is the measure of aptitude for the husband but, aside religion, custom shall determine
the other grounds of aptness.

Article (23)
1. Aptness is a right to both the woman and her fully capacitated tutor.

2. The remote, in rank, among tutors may not object for lack of aptitude except in case of inexistence of
the nearest tutor or his incapacity.

Article (24)
If the man alleges his aptness or uses deceitful devices to give this impression or if it was made a
condition in the contract and it was thereafter revealed that he was not apt, both the wife and her tutor
are entitled to ask for rescission.
Article (25)
The right to ask for rescission is forfeited if the wife is pregnant, if a year has elapsed since knowledge of
the marriage or by previous consent of the one who has the right to ask for rescission.

Article (26)
The tutor may not ask for rescission on grounds that the dowry is below that paid in equal condition.

Article (27)
1. Marriage shall be officially recorded but, in consideration of a certain fact, it may be established by
other means of proof admitted by the Sharia.

2. Marriage is conditioned upon the submission of a medical report from a competent medical
Committee formed by the Minister of Health, certifying that the spouses are free of any disease that the
law considers a ground for separation.

3. The recording of the marriage shall be done by the authorised representatives of the religious
authority. The Minister of Justice, of Islamic Affairs and Wakfs shall issue a regulation in their respect.

Article (28)
1. The tutor may not conclude the marriage of the insane, the imbecile or persons in their status without
the authorisation of the judge and the fulfilment of the following conditions:

a) Acceptance of the other party to marry him after he has been informed of his condition.

b) His disease is not transmitted to his progeny.

c) His marriage is in his interest.

2. The fulfilment of the two conditions (b) and (c) shall be verified by a report drawn up by a competent
Committee to be formed by the Minister of Justice, Islamic Affairs and Wakfs in coordination with the
Minister of Health.

Article (29)
A male prodigal having attained the age of majority or one whose prodigality accrued later may engage
in marriage but the tutor may object to the portion of the dowry in excess of the customary limit. Shall
be excepted the foreclosure of financial rights resulting from marriage.
Article (30)
1. Capacity to marriage is completed by reason and maturity. The age of maturity is 18 years, completed
unless the person concerned matures earlier in conformity with the law.

2. Whoever matures before reaching the age of eighteen may not marry unless he obtains the
authorisation of the judge and after verifying the existence of an interest.

3. Should the person having completed the age of eighteen request marriage but did not succeed in
obtaining the approval of his tutor, he may raise the matter before the judge.

4. The judge shall fix a period for the tutor, after his notification, to appear before him to hear his
argument. Should he fail to appear, or his opposition to the marriage is not convincing, the judge shall
celebrate the marriage.

Article (31)
Whoever gets married, according to Article (30), shall acquire capacity in all what relates to the marriage
and its effects, with the exception of forfeiture of his pecuniary rights resulting from marriage.

Article (32)
The tutor, in marriage, is the father then the agnates by themselves according to the succession order:
son, then brother, then uncle. Should two tutors be equal in degree of kinship, the marriage that was
concluded according to the conditions set forth by any of them shall be valid. The one authorised by the
engaged female shall be appointed.

Article (33)
The tutor must be a male of sound reasoning, fully capacitated, not prohibited on account of pilgrimage
and Muslim if tutorship is to be given to a Muslim.

Article (34)
Should the most closely related tutor be interruptedly absent, his place of living unknown or impossible
to be contacted, tutorship shall pass to the one following him in rank with the judge’s permission and, in
case of prevention of marriage, tutorship shall pass to the judge.

Article (35)
The judge is the tutor of whoever has no tutor.
Article (36)
The judge may not marry his ward for himself, his ascendant or descendant.

Article (37)
1. Proxy in marriage is possible.

2. The proxy may not marry for himself his principal unless it is so provided in the procuration deed.

3. Should the proxy go beyond the limits of his authority, the contract is suspended.

Title Three. Elements and Conditions

Article (38)
The elements of a marriage contract are:

1) The two contracting parties (the husband and the Tutor).

2) The Object.

3) Offer and Acceptance.

Chapter I. The Spouses

Article (39)
The tutor of the capacitated woman shall proceed with her marriage, with her consent and the religious
authorised official shall obtain her signature on the contract.

The contract is invalid in the absence of a tutor. If marriage has been consummated the spouses shall be
separated and the affiliation of the born child is established.

Article (40)
As a condition for the formation of marriage, the woman must not be permanently or provisionally
prohibited to the man.
Chapter II. Contract Text

Article (41)
Offer and acceptance are subject to the following:

1) The word “marriage” must be expressly used therein.

2) They must be of immediate fulfilment and not indicating a future time. Consequently, the marriage
shall not be concluded if made subject to an unrealised condition, or if the contract is carried for a
future date or the marriage is temporary.

3) The acceptance should meet, expressly or impliedly, the offer; the parties maintaining their capacity
until the formation of the contract.

4) Unity of the meeting of the parties: in their presence, the acceptance should verbally occur
immediately following the offer and, between absents, the acceptance should be during the meeting in
which the letter is read before witnesses or they be informed of its contents or by informing the
emissary. The acceptance shall not be late as to the offer if they are not separated by what amounts to
rejection.

5) Maintenance of the validity of the offer until the issuance of the acceptance. The offeror has the right
to withdraw his offer until the issuance of the acceptance.

6) Each of the contracting parties has to hear the words uttered by the other, being aware that the
objective is marriage although he did not understand the meaning of such words.

In case of incapacity to express oneself, writing shall be the substitute and, if impossible, then a
significant sign would suffice.

Chapter III. Prohibitions

Section 1. Permanent Prohibitions

Article (42)
Due to kinship, a person is prohibited to marry:

1) his ascendant to the highest degree;

2) his descendant to the remotest degree;

3) descendants of the two parents or one of them, to the remotest degree;

4) the first category of the descendants of one of the grandparents.

Article (43)
Due to affinity, a person is prohibited to marry:

1) one who was the spouse of one of his ascendants, to the highest degree, or one of his descendants,
to the lowest degree;

2) ascendants of the husband, to the highest degree;

3) descendants of his wife in a consummated marriage, to the lowest degree.

Article (44)
A person shall be prohibited from marriage to his adulterous descendant, to the lowest degree or his
daughter proscribed for adultery.

Article (45)
A man shall be prohibited to marry the one he cursed as adulterous, after completion of the curse.

Article (46)
Shall be prohibited from fostering what is prohibited by kinship or affinity excluding what is excepted by
law; under the two following conditions:

1) Fostering should occur in the first two years.

2) Fostering should reach five different feedings.

Section 2. Temporary Prohibitions

Article (47)
Shall be temporarily prohibited:

1) Grouping, even during the waiting period, between two women, should one of them, supposed by a
male, he would have been prohibited to marry the other.

2) Grouping more than four women.

3) The wife of another person.

4) A woman in her waiting period from another man.

5) A repudiated woman whose repudiation is not retractable, the repudiator may not remarry her
repudiator unless after the expiry of her waiting period from another husband who consummated a
valid marriage.

6) A prohibited woman on account of pilgrimage.

7) A non-Muslim woman unless she is a believer in one of the Revealed religions.

8) The marriage of a Muslim woman from a non-Muslim.

Chapter IV. Conditions of the Contract

Article (48)
1. The validity of the marriage is subject to the presence of two witnesses, males, of full capacity, sound
minded, hearing the words pronounced by the contracting parties and aware that the aim of such words
is marriage.

2. The two witnesses must be Muslims but two witnesses from one of the Revealed religions may
witness the marriage of a Muslim with a woman of such Revealed religion.

Chapter V. The Dowry

Article (49)
Dowry is what is offered by the husband, in money or property, for the purpose of marriage. There is no
minimum limit to it but the maximum is subject to the Law on Dowries.
Article (50)
Notwithstanding anything to the contrary, dowry is the property of the bride, she can freely dispose of
it.

Article (51)
1. If the amount of dowry is validly determined in the contract, the amount spelt out is due to the
woman.

2. In case it is not determined in the contract, invalidly stated or originally denied, she is entitled to an
equal dowry payable to a bride under the same circumstances.

Article (52)
1. Dowry may, in whole or part, be advanced or deferred upon the formation of the contract.

2. Dowry is due by virtue of a valid contract. It becomes certain by a consummation of the marriage,
valid privacy or death. The deferred part of it shall become due by death or repudiation.

3. The repudiated woman, before consummation of the marriage, is entitled to half the stated dowry
and, if not determined, the judge may adjudge to her a compensation not exceeding half the dowry
payable under similar circumstances.

Article (53)
1. The wife may refuse intercourse until the due part of the dowry is paid.

2. Should the wife accept intercourse before receiving her dowry from her husband, it becomes a debt
owed by him.

Chapter VI. Mutual Rights

Article (54)
Mutual rights and obligations between the spouses are:

1) Legitimate mutual enjoyment of each other within what is allowed by law.

2) Lawful cohabitation.
3) Good treatment, mutual respect and compassion and preservation of the family welfare.

4) Care of the children and their education thus assuring upbringing on a sound basis.

Article (55)
Rights of the wife towards her husband:

1) Alimony.

2) Non-obstruction to complete her education.

3) Non-opposition to visit her ascendants, descendants and brothers.

4) Non-interference with her personal properties.

5) Non-infliction of bodily or moral prejudice to her.

6) Equitable treatment between her and the other wives, in case the husband has taken more than one
wife.

Article (56)
Rights of the husband towards his wife:

1) Willful obedience.

2) House supervision and preservation of its contents.

3) Suckling his children from her unless there is an impediment.

Title Four. Kinds of Marriages

Article (57)
Marriage is either valid or invalid and the latter includes the defective and the void contracts.

Article (58)
1. A valid marriage is one in which all basic elements are present, its conditions fulfilled and free of
impediments.
2. A valid marriage shall produce its effects upon its formation.

Article (59)
1. A defective marriage is one where some of its conditions are missing.

2. A defective marriage does not produce any effect prior to coitus.

Article (60)
A defective marriage shall, after coitus, produce the following effects:

1) The specified dowry or a reciprocal dowry under same circumstances, whichever is smaller.

2) Establishment of kinship.

3) The prohibition because of affinity.

4) Waiting period because of dissolution of marriage.

5) Alimony as long as the wife ignores the defectiveness of the contract.

Article (61)
1. A void marriage is the one where one of its basic elements is defective.

2. Unless otherwise provided by this Law, a void marriage shall not produce any effect.

Title Five. Effects of Marriage

General Provisions

Article (62)
1. A woman having reached the age of full capacity is free to dispose of her property and the husband
may not, without her consent, dispose thereof; each one of them has independent financial assets. If
one of the two participates with the other in the development of a property, building a dwelling place or
the like, he may claim from the latter his share therein upon divorce or death.
2. In donations or similar dispositions, between the children or the wives equality must exist unless the
judge deems that there is an interest thereto. Should there be no equality, the judge shall bring it into
effect and shall exclude it from the succession.

Chapter I. Alimony

Article (63)
1. Alimony includes food, clothing, dwelling, medical care, servicing charges for the wife, if she is
performing such services within her family, and all what the conjugal relationship kindly requires.

2. In assessing the amount of alimony, it shall be taken into consideration the possibilities of the debtor
thereof, the circumstances of the beneficiary and the economic situation, in place and time, provided it
does not fall below the sufficiency level.

3. In adjudging alimonies of all kinds, fostering and dwelling charges and all conditions on which
depends adjudging all these, eye-witnessing shall suffice.

Article (64)
1. Alimony may be increased or reduced according to the change of circumstances.

2. Save in exceptional circumstances the action in increment or reduction of the alimony may not be
heard prior to the lapse of one year as of the date of deciding it.

3. The increase or decrease of alimony is computed from the date of claim in court.

Article (65)
The continuous alimony has privilege over all debts.

Section 1. Alimony of the Wife

Article (66)
Alimony is due to the wife by virtue of a valid contract if she abandons herself to her husband even
inevitably.
Article (67)
Alimony to the wife is due as of the date of refrainment from payment when due as a debt on the
husband, independently of a court judgment or agreement. It is not forfeited except by payment or
discharge.

A claim for alimony, for a past period exceeding three years from the date of introducing action in court,
shall not be heard unless it is imposed by agreement.

Article (68)
The judge shall, upon request of the wife, order to pay her a temporary alimony and his decision shall be
executory summarily and by force of law.

Article (69)
Alimony and sheltering, during the waiting period (“idda”), are due to the divorcee in a reversible
divorce, in a non-retractable divorce if the divorced woman is pregnant and, if she is not, only sheltering
is due.

Article (70)
No alimony is due to the widow during her waiting period because of the death of her husband but she
is entitled to live in the conjugal domicile during the said period.

Article (71)
Alimony to the wife is forfeited in the following instances:

1) Should she refuse to give herself to her husband or refuse to reintegrate the conjugal domicile
without lawful excuse.

2) Should she abandon the conjugal domicile without lawful excuse.

3) If she forbids her husband to enter the conjugal domicile without a lawful excuse.

4) If she refuses to travel with her husband without a lawful excuse.

5) If a judgment or decision is rendered by the court, restraining her freedom, in a matter to which the
husband is not entitled, and the said judgment or decision is in the process of execution.
Article (72)
1. A wife may go out of her home in the instances that allow her to do so by law, custom or in case of
necessity and this is not considered a transgression to the duty of obedience.

2. Shall not be considered a transgression to the duty of obedience her going out to work if he married
her while engaged in work, if he accepted, after marriage, that she be employed or if she put it as a
condition in the contract and, in this latter case the authorised marriage official has to ascertain the
existence of such condition upon contracting. This of course unless the fulfilment of such condition is
against the interest of the family.

Article (73)
The obligation of alimony to the wife is terminated upon the occurrence of any of the following events:

1) Payment.

2) Discharge.

3) The death of one of the spouses unless it has been ordered by court decision.

Article (74)
The husband is under obligation to prepare to his wife, at his domicile, a convenient dwelling
commensurate with their standing.

Article (75)
The wife shall live with her husband in the dwelling prepared for the purpose and shall move with him
from it unless she provided otherwise in the contract or if the purpose of moving is to cause her a
prejudice.

Article (76)
1. The husband may accommodate, with his wife, in the conjugal domicile, his parents and children from
another woman as long as he is financially in charge of them but provided no prejudice is caused to the
wife from such accommodation.

2. The wife may not accommodate with her in the conjugal domicile her children from another man
unless they have no other caretaker, they may be harmed from separation or by express or implied
agreement of the husband, provided he has the right to go back on his acceptance should he sustain a
prejudice therefrom.
Article (77)
The husband may not accommodate with his wife another wife of his unless she accepts provided she
can go back on this acceptance whenever it becomes detrimental to her.

Section 2. Kinship Alimony

Article (78)
1. Alimony of the small child who has no financial resources is on his father until the marriage of the girl
or until the boy reaches the age at which his fellow-mates earn their living, unless he is a student
continuing his studies with normal success.

2. Alimony of the elder child unable to earn his living, because of a disability or other cause, is on his
father should the child have no other funds from which his expenses could be drawn from.

3. Alimony of the female is on her father if she divorced or has become a widow, unless she has funds of
her own or has a person in charge of her other than the father.

4. Should the child have no sufficient funds to meet his maintenance expenses, the father is under
obligation to complete the required amount within the aforementioned conditions.

Article (79)
The suckling expenses of the child are on his father, should the mother be unable to nurture him, and
this is considered as alimony.

Article (80)
The child’s alimony is on his well-to-do mother if he lost his father, without funds, or if he was unable to
support him. The mother may revert on the father for the amount spent in case he improves his
financial capacity and the expenditures were authorised by him or by the judge.

Article (81)
1. A well-to-do child, male or female, grown-up or small, must provide alimony to his parents if they
have no funds from which they can spend.

2. Should the parents’ funds be insufficient for their maintenance, the children are under obligation to
cover the shortage.
Article (82)
1. The parents’ alimony shall be repartitioned between their children, each in proportion to his ability.

2. Should a child voluntarily spend money on his parents, he may not revert on his brothers.

3. Should the spending take place subsequent to a judgment ordering them to pay alimony, he may
revert on each one of his brothers according to what was adjudged, provided he made these expenses
with an intention to claim back the excess paid by him.

Article (83)
If the child’s earnings are not in excess of his needs and the needs of his wife and children, he shall be
under obligation to add his parents, deserving alimony, to his family.

Article (84)
Alimony to each deserving payee shall be the obligation of his heirs from among his well-to-do relatives
according to their rank and their shares in the estate and if the heir is insolvent the obligation shall pass
to the succeeding heir with due compliance to Articles (80) and (81) of this Law.

Article (85)
Should the persons deserving alimony be several and the payee is unable to satisfy them all, the wife’s
alimony shall have precedence, then the children’s alimony, followed by that of the parents, then the
alimony of the relatives.

Article (86)
1. The alimony of relatives, other than the children shall be due as of the date of the claim in court.

2. The lawsuit claiming a past due alimony for the children from their father shall not be heard if it goes
back to a period in excess of one year from the date of submitting the claim to court.

Section 3. Alimony to Those Who Have No One to Support Them

Article (87)
The State shall be in charge of the alimony to those having no one to support them.
Article (88)
Alimony of the foundling of unknown parents shall be paid out of his funds, if any, and in case he has no
funds and no one benevolently proposed to spend on him, his alimony shall be on the State.

Chapter II. Affiliation

Article (89)
Affiliation shall be established by wedlock, by avowal, presumptions or through scientific methods if
bed-sharing is established.

Article (90)
1. The child is born in wedlock if the shortest period of pregnancy has lapsed since the valid marriage
and it is not established that carnal knowledge was impossible between the spouses.

2. The affiliation of the child shall be established from suspected copulation if he is born for less than the
shortest period of pregnancy after the said carnal knowledge.

3. Affiliation of the born child shall be established to his mother upon evidence of his birth.

4. Once the affiliation is legally established, the action in disavowal shall not be heard.

Article (91)
The shortest period of pregnancy is one hundred and eighty days and the longest period is three
hundred and sixty five days, unless a committee of medical physicians formed for the purpose decides
otherwise.

Article (92)
1. Acknowledgement of affiliation, even in death-bed, is evidence of consanguinity, unless the
acknowledged person is out of wedlock, under the following conditions:

a) The acknowledged person is of unknown descent.

b) The acknowledging party is of full capacity, of sound judgment and of free choice.
c) The difference of age between the acknowledging party and the acknowledged may sustain the
veracity of the acknowledgement.

d) The acknowledged person, of full capacity and sound judgment, approves the acknowledging party.

2. Affiliation is an acknowledgement of consanguinity in lineal descent made by the father of an

acknowledged non-adulterous person. Acknowledgement of affiliation by the grandparent is not valid.

Article (93)
Should the acknowledging party be a married woman or a woman in her waiting period, the affiliation of
the child to her husband is not established unless he consents or there is corroborating evidence to this
effect.

Article (94)
The acknowledgement by the person of unknown descent of his father or mother shall establish
consanguinity if approved by the acknowledged or there is evidence to this effect whenever the age
difference allows such possibility.

Article (95)
Acknowledgement of kinship, other than consanguinity in lineal descent, paternity or maternity does
not bind other than the acknowledging party unless approved or established by evidence.

Article (96)
1. Curse may only be uttered before the court in accordance with the rules as set forth by law.

2. Divorce by curse is permanent.

Article (97)
1. The man may disavow affiliation of the child by throwing a curse within seven days from his
knowledge of birth provided he did not acknowledge expressly or impliedly his paternity. Action for
malediction shall be submitted to the court within thirty days as of knowledge of birth.

2. Where curse is for the disavowal of affiliation, the latter shall be negated.

3. Should the husband take the oath of malediction and the wife refused to take it, refused to appear
before the court or has been absent and it was impossible to give her notice, the judge shall adjudge the
negation of affiliation.
4. The affiliation of the disavowed child because of malediction shall, after issuance of the decision
negating his affiliation, shall be reinstated if the man retracted his curse.

5. The court may resort to scientific methods to negate affiliation provided it has not been previously
established.

BOOK TWO. DISSOLUTION OF MARRIAGE

General Provisions

Article (98)
1. The contract of marriage shall be rescinded if it includes an impediment that is in contradiction with
its requirements or the occurrence of something that prevented its legal continuation.

2. Disunion between the spouses occurs by divorce, rescission or death.

3. Prior to deciding disunion between spouses, the court has to endeavour reconciliation.

4. Should the divorced woman marry another man with whom she has carnal knowledge, the number of
divorces pronounced by her previous husband shall be considered as non-existent.

Title One. Divorce by Repudiation

Article (99)
1. Repudiation is the dissolution of the valid contract of marriage in the form legally prescribed.

2. Repudiation takes place verbally or in writing and, in case of inability, by an understandable sign.

Article (100)
Repudiation takes place by the husband or his proxy, designated in a special power of Attorney or the
wife if her husband gave her complete autonomy of herself.

Article (101)
1. The repudiator must be of sound mind and have free choice.

2. Repudiation done by a man of unsound mind due to a banned substance shall be considered a choice.
Article (102)
Repudiation of the wife may occur only if she is party to a valid marriage and she is not within the
waiting period (known as Idda).

Article (103)
1. Divorce subject to a condition precedent to do or depart from something shall not be effective unless
there is an intention to divorce.

2. In the absence of an intention to divorce, there is no divorce in case of perjury to an oath.

3. A divorce made verbally, in writing or by sign, whether repeated or in conjunction with a number,
shall be construed to be once only.

4. A divorce may not be contingent on the happening of a future event.

Article (104)
Repudiation is either retractable or non-retractable:

1) The retractable repudiation does not put an end to marriage unless after the expiry of the waiting
period (Idda).

2) The non-retractable repudiation ends the marriage upon its occurrence. It may take one of the
following two forms:

a) Repudiation with right to remarry: The divorcee may not return to the man who divorced her except
after a new contract of marriage and a new dowry;

b) Final and decisive repudiation: The divorcee may not return to the man who divorced her except after
expiry of the waiting period (Idda) from another husband who had carnal knowledge of her pursuant to
a valid marriage.

Article (105)
Every repudiation is retractable except the repudiation completing the third, the one occurring prior to
sexual penetration and the one considered by law final and decisive.

Article (106)
1. Divorce occurs through a declaration made by the husband and recorded by the judge.
2. Each divorce occurring contrary to the preceding clause must be confirmed before the court by
evidence or avowal. The divorce shall take effect as of the date of the acknowledgement unless a prior
date is established to the court. The Sharia rules shall apply to the effects of divorce by avowal.

Article (107)
Upon request of the concerned persons and after divorce, the competent judge issues an order fixing
the woman’s alimony during her waiting period as well as the alimony of the children, determine the
person who has the right to foster the child and the right to visit the fostered child. This order is
considered as being of summary execution by force of law and the prejudiced party may appeal this
order by all means of appeal prescribed by law.

Article (108)
The husband is entitled to get back his divorcee, should the divorce be revocable and as long as she is
within her waiting period. His right thereto is not forfeited even if surrendered. Should the divorcee’s
waiting period expire, she may return to him by a new contract without the permission of her tutor, if he
refuses to give her in marriage to him, provided that her first marriage from him has been concluded
with the tutor’s consent or by order of the court.

Article (109)
1. Getting back a divorcee occurs verbally, in writing and, where impossible, by sign as well as by action
with intent.

2. Retrieval shall be recorded and the wife should be informed of it during her waiting period.

Title Two. Divorce by Agreement (Khul’)

Article (110)
1. Divorce for consideration is a contract between the spouses whereby they agree to terminate the
contract of marriage against consideration to be paid by the wife or by another person.

2. The amount to be paid as a consideration shall be governed by the same rules as dowry but it is not
allowed to agree on forfeiture of the children’s alimony or their fostering.

3. Should the consideration to be paid in case of divorce by agreement be not validly determined,
divorce shall occur and the husband shall be entitled to the dowry.

4. Khul’ is a rescission.
5. By exception to the provisions of clause 1 of this Article, where the husband is unduly obstinate in his
rejection and it was feared not to observe God’s will, the judge shall decide the “Mukhala’a” (divorce)
against an adequate consideration.

Article (111)
Validity of the consideration for such divorce is conditioned upon capacity of the payor and capacity of
the husband to divorce.

Title Three. Judicial Separation

Chapter I. Separation on Account of Defects

Article (112)
1. Should one of the spouses find in the other a deep-rooted repulsive or harmful defect such as insanity
and leprosy, or those preventing sexual pleasure such as obstruction of genital canals or similar defects,
he may ask for the rescission of the marriage whether this flaw existed prior to the contract or occurred
later.

2. His right to rescission shall be forfeited if he had knowledge of the defect before the contract or
accepted it expressly or impliedly thereafter.

3. However, the wife’s right to claim rescission on grounds of defects preventing sexual pleasure shall
not, under any circumstance, be forfeited.

4. The court shall examine, in chambers, the case of rescission of marriage on grounds of sexual defects.

Article (113)
Should the defects mentioned in Article (112) of this Law be not susceptible to disappear, the court shall
rescind the marriage immediately and without delay.

Where it is likely to disappear, the court shall adjourn the case for an adequate period, not exceeding
one year, and in case it does not disappear during this period and the party claiming rescission insists,
the court shall rescind the marriage.

Article (114)
Each of the two spouses is entitled to ask for separation in the following instances:

1) In case of deceit perpetrated by the other spouse or with his knowledge inducing to the formation of
the marriage contract. Intentional silence about a fact is deceit if it is established that the deceived party
would not have concluded the marriage contract had he been aware of such fact.

2) If it is established by a medical report the sterility of the other spouse, after a marriage that lasted
five years and after medical treatment, provided that the claimant has no children and that he is not in
excess of forty years of age.

3) If the other party is condemned for adultery or a similar offence.

4) Where it is established that the other spouse contracted a contagious fatal disease such as Aids or
similar, so if it is feared that this disease be contracted by the other spouse or their descendants, the
judge must order their separation.

Article (115)
1. The assistance of a medical committee specialised in detecting the defects for which separation is
claimed shall be sought.

2. Separation, in this chapter, is a rescission.

Chapter II. Separation Due to Non-Payment of the Due Dowry

Article (116)
1. The wife in a non-consummated marriage shall be adjudged separation due to non-payment by her
husband of the due dowry, in the following instances:

a) If the husband has no apparent funds from which the dowry could be drawn;

b) If the husband is manifestly insolvent or of unknown status and the period fixed by the judge for
payment of her dowry has expired without payment.

2. The wife shall not, after consummation of the marriage, be adjudged separation for non-payment of
her due dowry which shall remain a debt on her husband.

Chapter Three. Separation Due to Prejudice and Discordance

Article (117)
1. Each of the two spouses is entitled to ask for divorce due to prejudice that would make the continuity
of the friendly companionship between them impossible. The right of each of the spouses thereto shall
not be forfeited unless their reconciliation is established.

2. In accordance with Article (16) of this Law, the Family Orientation Committee shall endeavour the
reconciliation of the two spouses and, in case of failure, the judge shall propose reconciliation to the
spouses. If this reconciliation is not possible and the prejudice is established, the judge shall order
divorce.

Article (118)
1. In case the prejudice is not established, the discordance is still continuing between the spouses and
the Family Orientation Committee as well as the judge were not successful in reconciling them, the
judge shall issue a judgment appointing two arbitrators from among their parents, if possible, after
asking each of the spouses to nominate, in the next hearing at most, his arbitrator from among his
parents, if possible, otherwise from those who have the experience and ability to reconcile. Should one
of the spouses procrastinate in nominating his arbitrator or abstain from attending this hearing, the
judgment shall not be subject to any appeal.

2. The judgment appointing the two arbitrators must include the starting and closing dates of their
assignment provided it does not exceed ninety days extendable by a decision of the court. The court
shall notify the two arbitrators and the parties to the litigation of the judgment appointing the
arbitrators and shall ask each of them to take the oath that he will perform his assignment with equity
and probity.

Article (119)
The two arbitrators have to find out the reasons of discordance and deploy efforts to reconcile between
the spouses. Abstention from any of the spouses to attend the arbitration sitting, whenever notified of
the date fixed for it, or the next sittings if set at different intervals, shall not affect the progress of the
arbitrators work.

Article (120)
In case the arbitrators fail to reconcile the spouses:

1) Should the offence be entirely from the husband’s part and the wife, or both parties are claiming
separation, the arbitrators shall decide a non-retractable divorce without prejudice to the rights of the
wife resulting from marriage and divorce.

2) In case the offence is entirely from the wife’s part, the arbitrators shall decide divorce for a
consideration deemed adequate by them and payable by the wife.
3) Where both parties participated in the offence, the arbitrators shall decide separation without
consideration or with one in proportion to each one’s share in the offence.

4) If the case is not clear as to who is the offender among them and if the husband is the claimant, the
arbitrators shall recommend dismissal of his case; but if the wife or both of them are claiming
separation, the arbitrators shall decide separation between them without consideration.

Article (121)
1. The arbitrators shall submit to the judge their reasoned decision that shall include the extent to which
each of the spouses offended the other.

2. The judge shall render his judgment in accordance with the decision reached by the arbitrators if they
agreed, otherwise, he shall appoint others or join to them a third as the umpire. The court shall ask the
arbitrator or the umpire to take an oath that he will perform his duties with equity and probity.

Article (122)
In the case of divorce due to prejudice, the prejudice shall be established by the legal means of proof
and by the court judgments rendered against one of the spouses.

The hearsay testimony is accepted if the witness explained, or it was understood from his statement
that the prejudice is widespread in the spouses’ life environment as decided by the court.

A hearsay testimony to negate the prejudice is not accepted.

The testimony of a male or female witness, except the testimony of an ascendant against a descendant
or vice-versa, shall be accepted if the witness fulfils the conditions set forth by law for testimonial
evidence.

Article (123)
Where the wife asks for divorce, before consummation of marriage or legal privacy, and she deposited
the amount received as dowry, the gifts obtained and the amount spent by the husband because of
marriage, but the husband abstained from doing so and in case the judge did not succeed in reconciling
them, he shall order separation against consideration (Khul’).

Chapter IV. Separation for Abstention from Support

Article (124)
1. If the present husband abstains from supporting his wife and he does not have apparent funds from
which he can pay, within a short time, the due alimony, the wife may ask separation.

2. Should he allege to be insolvent but with no evidence as to his allegation, the judge shall order
immediate divorce. If he keeps silent as to his being solvent or insolvent and insists on non-support,
even if there is evidence of his insolvency, the judge shall grant him a respite of not more than a month
after which, if he does not comply with his duty of support, the judge shall order divorce.

Article (125)
1. In case the husband is absent in a known place:

If he has apparent funds, the alimony judgment shall be enforced on these funds.

Where he has no apparent funds, the judge shall warn him and grant him a respite not in excess of one
month to which shall be added the prescribed period of distance and, in case he does not execute his
duty of support or does not bring the alimony, the judge shall order divorce after expiry of the respite.

2. If he is absent in an unknown place, in a place difficult to reach or missing and there is also evidence
that he has no funds from which alimony could be withdrawn, the judge shall order divorce.

Article (126)
The husband may avoid divorce by submitting evidence of his solvency and his ability to pay the
alimony. In this case, the judge shall grant him the respite prescribed in Article (125) of this Law.

Article (127)
The husband may retrieve his wife, while she still is in her waiting period, if there is evidence of his
solvency and he shows his readiness to support his wife by paying the usual alimony, otherwise the
retrieval is not valid.

Article (128)
If the lawsuit for non-support is brought to court more than twice and it is established to the court the
non-support in each and the wife asks divorce for non-support, the judge shall order a non-retractable
divorce.

Chapter V. Separation Due to Absence and Disappearance

Article (129)
The wife is entitled to claim a judicial divorce due to the absence of her husband who has a known
domicile or residence even though he has funds from which alimony can be drawn. She will get a
judgment in satisfaction of her claim only after warning him: either to reside with her or have her move
to live with him or divorce her and provided he is given a delay of not more than one year.

Article (130)
The wife of the disappeared, whose residence is unknown, is entitled to ask for a judicial divorce and she
will be granted relief only after investigation and search for him and the lapse of one year as of the date
of filing the claim.

Chapter VI. Separation for Imprisonment

Article (131)
1. The wife of the incarcerated, who is condemned by a decisive judgment to a penalty restraining his
liberty for a period of three years or above, is entitled to ask the court, after the lapse of one year of his
imprisonment, to divorce him irreversibly even though he has funds from which she can spend.

2. Where the wife is also incarcerated but has been freed alone, she may ask for separation, after the
lapse of one year of her release, under the same conditions mentioned in Clause 1 of this Article.

3. In both the preceding instances, judgment for the wife is conditioned upon the non-release of the
husband during the examination of the case and that the remaining period of his incarceration be not
less than six months.

Chapter VII. Separation for “Ila’ ” and “Zihar”

Article (132)
The wife is entitled to ask for divorce if her husband swore not to have sexual relations with her for four
months or more, unless he has such relations before the expiry of the four months. Divorce, in this case,
is non-retractable.
Article (133)
The wife is entitled to divorce on grounds of “Zihar”.

Article (134)
The judge shall warn the husband to expiate from “Zihar” within four months from taking the oath.
Should he refuse without giving a reason, the judge shall order a non-retractable divorce.

Article (135)
In examining the divorce case, the judge shall decide which provisional measures he deems appropriate
to take in order to secure alimony for the wife and the children and all that relates to the fostering and
visiting of children upon request of any of the spouses.

Title Four. Effects of Separation

Chapter I. The Waiting Period (Al Idda)

Article (136)
“Idda” is an obligatory waiting period during which the wife remains without marriage, as a result of
separation.

Article (137)
1. The waiting period starts as of the occurrence of separation.

2. The waiting period, in case of doubtful copulation, starts as of the last sexual intercourse.

3. Waiting period in marriage shall begin from the date of separation, divorce or death of the husband.

4. In case of ruling divorce, separation, rescission, nullity of the contract or judicial declaration of death
of the disappeared, the waiting period starts as of the time the judgment becomes final.

Article (138)
1. The duration of the waiting period, for the woman whose husband from a valid marriage died, even
before consummation of the marriage, is four months and ten days unless she is pregnant.
2. The waiting period for a pregnant woman ends upon delivery or miscarriage.

3. In a consummated marriage resulting from a void or suspected contract, if the husband dies, the
woman shall have to undergo the waiting period of the divorcee to clear her uterus.

Article (139)
1. There is no waiting period prior to consummation of marriage and valid privacy.

2. The waiting period for the non-pregnant divorcee:

a) Three purities for those who have their menstruation and she is to be believed at the expiry of this
period within a reasonable time.

b) Three months for those who did not have at all their menstruation or those who have reached the
menopause and their menstruation stopped. Should the latter see menstruation prior to the expiry of
the period, the waiting period shall be resumed for three purities.

c) Three months for extended blood secretion if the woman has no known menstrual cycles but if she
recalls having such cycle it shall follow it in computing the waiting period.

d) The shorter period between three purities and one year without menstruation for those whose
menstruation stopped before reaching the age of menopause.

Article (140)
In case the husband divorces his wife from a valid consummated marriage by his unilateral will without a
request from her, she is entitled to a compensation other than the alimony paid during the waiting
period depending on the financial status of the husband provided it does not exceed a one-year alimony
payable to those in similar condition. The judge may order that it be paid by instalments depending on
the degree of solvency or insolvency of the husband. In assessing the amount thereof, the prejudice
sustained by the wife shall be taken into consideration.

Article (141)
1. Should the husband die and the wife is in her retractable divorce waiting period, she passes to the
widowhood waiting period and the lapsed period shall not be taken into account.

2. Should the husband die while the woman is in her waiting period for repudiation or rescission, she
shall complete it and is not bound by the death waiting period unless repudiation took place during the
last illness, then the longest of the two periods shall be taken into account.