from the arab news

Precious pearl
Monday, 21, August, 2006 (27, Rajab, 1427)

I read this article this morning and it made me so angry and upset . This is not justice pure tribalism


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Court Annuls Marriage for Violation of Social Custom
Arab News

DAMMAM, 21 August 2006 — A happy three-year-long marriage of a Saudi couple with two children has been annulled by a court on the grounds that it violates social custom and practice, Al-Watan reported.

The woman, Fatima, is a tribal Saudi and the man, Mansoor, is non-tribal. The court in Al-Jouf ruled that the marriage was illegal because the man’s social status was not equal to the woman’s. The court did not consider that the marriage had taken place according to Islamic law and also with the permission of another court.

The decision also failed to take into account such key facts as the marriage having taken place with the consent of the woman and her father, the existence of two small children and the marriage being a happy one.

In announcing his decision, the judge said: “I annul the marriage of this man and woman. Now she must observe iddat (a waiting period for women after divorce before she is allowed to marry again) effective from the date of the judgment. This order must be executed immediately so that the man and woman are separated immediately.”

Fatima stated to the court that she was living with a good man whom she loved and that they had a happy marriage. She also pointed out that she had married with the permission and knowledge of her parents and an Islamic court. Her declarations, however, had no effect on the judge’s decision.

“I sought Fatima’s hand in marriage from her father three years ago,” explained Mansoor. “After preliminary inquiries, he agreed and the contract was signed at the Alkhobar court.

A few months after the marriage, we were shocked when her half-brother filed a suit to annul our marriage on the grounds that she belonged to a noble tribe while I did not. Three months later, her father died and her half-brother continued with the case.”

The court in Al-Jouf issued its decision last August in the absence of Mansoor and Fatima who were in Onaiza where he was working. The court stipulated that a copy of the decision be supplied to Mansoor and that if the decision were not appealed within 30 days, it would be deemed final.

Upon learning of what had happened, Mansoor sent his wife to stay with an aunt in Al-Kharj but Fatima’s brother traced her there, reported the matter to the police and took her to his house in Alkhobar.

Fatima later told Mansoor that her brother was planning to marry her to another man so Mansoor came to Alkhobar and the two of them ran away to Jeddah. Once again, however, her brother traced them and forced her to return to his house.

Fatima has told the police she prefers living in jail to living with her half-brothers in Alkhobar. The police say she must either stay with her brother or go to jail. She has chosen jail, saying, “I prefer the protection of the government to living with brothers who have destroyed my happy family life.”