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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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We have a issue of divorce

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We have a issue of divorce
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Safreh
Lawyer's Assistant: Has anything been filed or reported?
No
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The girl is asking for divorce and i was not ready.but they are forcing

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the Bahraini Family Law No. (19) of 2017. Regulating the provisions of marriage and divorce in Bahrain, the law stipulates :
Article (81)
The band is located between the couple:
A) by the will of the husband, called divorce.
B) At the request of the wife and the consent of the husband with the payment of compensation, and is called disobedience.
(C) by virtue of the judiciary, which is called an application or a dissolution or separation as the case may be.
Article (95)
Khula 'request of the wife to terminate the marriage contract with the husband.
1) According to the Sunni jurisprudence:
(A) The couple may decide to terminate the marriage contract by taking off.
(B) Notwithstanding the provisions of clause (a) of paragraph (1) of this article, if the refusal of the husband is intransigent and fearful of not meeting the limits of God, the judge shall decide on the breach in exchange for a suitable allowance not exceeding the dowry.
C) The khula 'should be given by the wife to be within the limits of what the husband has given him.
D) The khul 'is regarded as an expiation, and the judge signs it with the word khul', not with the word divorce.
2) According to jurisprudence Jaafari:
(A) The wife may request the termination of the marriage contract by taking off her husband's consent and giving her consent.
B) It is required in khula 'to make sure that the wife is particularly jealous.
C) All that is true is true and valid, and it must be determined and appointed, and if the hatred of the couple together it is not right to ask the husband excessive over the dowry.
D) Khula 'is regarded as an ablution, and it is pronounced as khul' or 'divorce'.
(E) If the woman returned to perform during the 'iddah, the divorce becomes repulsive.
Article (96)
It is necessary for the husband to be entitled to what he is allowed to take off his wife as a choice without coercion or damage, and if the allowance is mentioned in the breach, it is necessary to name it only.
1) According to the Sunni jurisprudence:
A) The khul 'allowance should not be a waiver of the custody of the children or of any of their rights.
(B) In the event of invalidation of the condition imposed on him, the judge shall, in due course, consider taking into account the provision of paragraph (c) of paragraph (1) of Article (95) of this law.
(C) If the allowance is not defined as a misdemeanor, the judge shall determine a place in accordance with paragraph (b) of paragraph (1) of this article.
2) According to the jurisprudence of al-Jaafari,
It is not permissible for khula 'to give up custody of the children to harm them, nor for any of their rights.

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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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