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Adhl cases on the rise at personal status courts
Published in The Saudi Gazette on 15 - 04 - 2015


Saudi Gazette report
JEDDAH — Personal status courts in the Kingdom received 352 cases over the past six months, including an increased number of adhl (male guardians preventing young women from getting married) cases, reported Makkah.
The courts reported 232 of the cases were divorce petitions filed by wives, with the majority of them in Ahsa. Another 96 were adhl cases, mostly in Makkah.
There were 17 divorce cases where poor sexual performance of one of the spouses was cited as a reason, with the majority of them in Ahsa; three stemmed from family lineage incompatibility; and four divorce cases were filed because the husband was unable to provide alimony.
Legal consultant Ali Al-Ghamdi said adhl cases were increasing in number and often lead to major feuds between the daughters and their fathers or guardians.
“Guardians who force women to marry the men of their choices are often ogling over the money the husband has.
“They think they will have a share of the money through inheritance or otherwise.
“Those guardians are often controlling and possessive.”
He also said some cases of adhl are honor-related because the guardian feels obliged by principle to force his daughter to marry a cousin or another relative.
“The judge has the responsibility to solve the issues and mediate between the parties.
“When court cases end on a bad note, society is negatively affected.
“Adhl cases do not require more than one hearing.”
Discussing what happens when a woman files an adhl lawsuit, he said: “The court then informs the guardian of the lawsuit.
“In case the guardian admits to the claim, the court orders him to allow her to marry whomever she desires.
“If the guardian refuses to comply with the court's order, he is required to present the court with a legitimate reason.”
He added that if the guardian fails to provide a legitimate reason, the court transfers his guardianship to the next of kin or to a judge.
“If the guardian denies the claim, the plaintiff is requested to swear upon the Qur'an or have the man whose marriage proposal was rejected by the guardian to testify.
“If she swears, the court transfers his guardianship to the next of kin or to a judge.”


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