Saudi Gazette report
JEDDAH — Civil courts across the Kingdom have issued 218 verdicts in the past two years nullifying marriage contracts of Saudis with foreign women, mostly Arabs. In most of the cases the women were not asked to pay back the dowry to their ex-husbands.
In a recent faskh (annulment of marriage) suit filed by a foreign woman, a civil court in Jeddah abrogated her marriage contract with a young Saudi man without giving him any compensation as the woman alleged that the Saudi used to beat and abuse her. She had presented a medical report issued by a psychiatrist proving she had suffered mental torture at the hands of her husband.
The report also showed that the man had attended counseling sessions with his wife at the psychiatrist’s clinic and this helped the woman to win the divorce. She had convinced the judge who looked into the case that she never knew her husband was a mental patient.
Lawyers said in faskh suits women are normally asked to return full or part of the dowry their husbands had paid them to win a divorce. “In this latest case, the woman was asked by her husband to pay back the dowry even though she had spent one year with him and he subjected her to beating and abuse,” said a report carried by Al-Watan Arabic daily.
The woman, who was staying with her family, demanded divorce as the man was not ready for a medical checkup to know why they didn’t have children. The man then insisted that she pay back the full dowry of SR20,000 to get a divorce.
Once she was in the market, her husband attacked her in front of other people and tried to take her with him. She started shouting, which drew the attention of security guards in the market who came to her help. Police later detained the man, the paper said.
The woman then asked police to forward the case to civil court as she wanted a divorce. The man acknowledged all the charges leveled against him by his wife in front of the court. Consequently, the court dissolved the marriage.
The court verdict said the man does not deserve the dowry back because he beat and abused his wife, causing her mental, physical and social suffering.
Speaking about faskh (a Shariah term for dissolution of marriage by a judge on the request of a woman) cases, Saeed Al-Ghamdi, a legal adviser, said a woman can demand faskh if her husband is having a dangerous disease or if the man is unable to satisfy her as a husband or to spend money on her or he becomes an apostate. The last reason rarely occurs in the Kingdom.
“A woman may file a lawsuit in a civil court demanding dissolution of her marriage if her husband is mentally ill, making life impossible with him or if she suspects her life is in danger. In all such situations, a court can annul the marriage without granting any compensation to the husband,” he explained.
