The rights and obligations of divorced women in Kuwaiti law
The rights of a divorced wife
Divorce is the dissolution of the valid marriage contract at the will of the husband or whoever takes his place with a specific wording in accordance with the text of Article 104 of the Personal Status Law.
Divorce is of two types: revocable and permanent.
Revocable divorce does not remove the marriage before the waiting period.
Irrevocable divorce removes the marriage immediately.
The wife has rights that result from her divorce from her husband, including the waiting period, custody, alimony, the establishment of a home, the pleasure, the rent for breastfeeding, the wage of a servant, the price of a car, and the fee of a driver, according to what is customary.
First: The waiting period
The waiting period is a waiting period that obliges the woman when the marriage is over, and the waiting period is to wait for the expiry of the period and the aim is to leave the marriage within a certain period of time for the woman's womb to be cleared of pregnancy and also to provide the opportunity for the divorced husband to review his wife if the divorce is retroactive or to preserve the right of the pregnant woman if the separation is from pregnancy.
The provisions of the waiting period:
The basic principle is that divorced women - as well as those whose marriage contract has been annulled due to one of the reasons for annulment, such as incompetence - are subject to their marriage, which is menstruation.
Then the divorced woman should observe three menstrual cycles, as long as she was not pregnant, and if she was pregnant she used to give birth to pregnancy, and if she was not pregnant, and she did not menstruate, due to young or old age, then her period is three months.
In addition, the minimum period in which a woman would give her charity by saying at the end of her waiting period is sixty days, given that the maximum period of menstruation is ten days, and the minimum interval between two menstruation is: fifteen days, with a total of three menstruation and two purity, and this is chosen by the law in Article 155.
The law also specified in the same Article 155: the period of three months, which is the waiting period for a divorced woman who does not menstruate due to young age or menopause, to ninety days.
The waiting period ends with the passage of the period, and if the woman is ignorant of divorce or death, because the waiting period is not required to know that it has passed.
Based on that, if a man divorces his wife, then denies it, and evidence is established against him, and the judge decides to separate, the waiting period will be from the time of divorce, not from the time of division.
In the necessity of alimony, the divorced woman is revocable, and the divorced divorced woman is obligated to spend all kinds of them, and if the divorced woman is pregnant, then she has alimony and accommodation, by agreement.
In estimating alimony, the husband’s condition in imposing it is easy and difficult, and alimony is considered a debt owed by the man from the date it is obligatory, and it is a strong debt, so it is not waived except with payment or release.
The woman who is obligated has alimony unless she leaves the husband’s house. If she leaves it, she is considered defiant and her right to alimony is waived, due to the lack of delay and retention in the interest of the husband. Likewise, if she apostatizes and is imprisoned, her alimony is forfeited.
Return:
God Almighty says (And their dependency is more deserving to return them if they want reform).
According to Articles 154,153,152,151,150,149 of the Kuwaiti Personal Status Law, the husband has Article 149 “The husband has the right to revise his divorced woman as long as she is in the waiting period, by word or deed, and this right is not forfeited by omission.”
Article No. 150 “1 - It is stipulated to return by saying:
- To be completed.
- To be in the presence of two witnesses: two men or a man and two women, or with official testimony.
- That the wife knows about it.
- Writing is considered a return by saying.
Article No. 151 “If the divorced woman claims that his right to return remains due to the waiting period for menstruation, and the divorced woman denies this, she took her oath, if the period bears the end of the waiting period.”
Article No. 152 “A divorced woman becomes aware of the waiting period without reviewing it.”
Article No. 153 “A divorced woman may marry his divorced woman, a minor Baynunah, during or after the waiting period, with a new contract and dowry.”
Article 154 “Irrevocable divorce is a major baynunah that prohibits marriage, unless the conditions mentioned in Article 22 are available.”
Second: Absolute pleasure
What is meant is the pleasure of the divorced woman, which is given to the divorced woman after compulsion of her risk and assistance to her by the words of God Almighty (and divorced women have benefits with virtue). It is estimated according to the condition of the husband, whether easy or difficult, because God Almighty says:
As Article 165 of the Kuwaiti Personal Status Law stipulates that “a- If a valid marriage dissolves after consummation, the wife deserves - apart from the maintenance of her waiting period - a pleasure estimated at no more than a year’s maintenance, depending on the husband’s condition, to be paid to her in monthly installments, after the end of her waiting period, what The two parties did not agree on otherwise in terms of size or performance.
B- The following are excluded from the provisions of the previous paragraph:
Divorce for lack of spending due to the husband's insolvency.
Separation for harm if it is because of the wife.
Divorce with the wife's consent.
Dissolution of marriage at the request of the wife.
The death of one of the spouses. “.
Third: The rights of a divorced woman in relation to children
1- Proof of lineage after separation.
If a division between spouses occurs after consummation: -
1- Either the division is due to a revocable divorce.
Thus, if she was born during the waiting period, the lineage is confirmed for the establishment of the marriage, and if she was born after the end of her waiting period, or after her approval of its expiration, the lineage is confirmed if she was born for less than six lunar months from the date of lapse or approval.
2- Either it follows a definite divorce.
In this case, if she does not acknowledge the expiration of her iddat, then his lineage is proven, if she came by it within a solar year (365 days) from the date of Baynunah (Article 169). The pregnancy is deemed to take place during marriage, based on what the law has chosen for the maximum period of pregnancy.
And if she acknowledges the end of her iddat within a period that he can bear, then his lineage is proven, as she gave birth to him for less than six lunar months, from the time of her approval of the expiration of her waiting period and for the least solar year from the time of Baynunah (Article 169), due to the appearance of her falsehood with certainty, by her acknowledgment of the expiration of her waiting period.
Fourth: the nursery
Custody is the raising of a child who is legally entitled to raise him.
Custody entitlement:
Article 189 stipulated, “A- the right to custody for the mother, then blame her even if it is higher, then the aunt, then the mother’s aunt, then the mother’s aunt, then the grandmother’s father, then the father, then the sister, then the aunt, then the father’s aunt, then the father’s aunt, then The niece of the brother, then the daughter of the sister, by introducing the brother, then the mother, then the father of all.
B - If there is no person entitled to custody of these, then the right to custody is transferred to the chosen guardian, then the brother, then the neurotic grandfather, then the uterine grandfather, then the nephew, then the uncle, then his son, by presenting the brother, then the mother, then the father, whenever possible that.
C - If the persons entitled to custody are equal, the judge chooses the fittest among them for the child. “.
Requirements for the person entitled to custody:
A- Puberty, reason and honesty, and the ability to raise children, and maintain their health and morals.
B - It is a condition for the incubator that he be a female mahram, and he has a woman fit for custody.
Loss of the right to custody:
Article 191 states that “If the incubator marries a non-mahram to the child, and the husband enters with her, her custody shall be forfeited.
The silence of a person who has the right to custody for a period of one year - without an excuse - after learning of entry, forfeits his right to custody and claiming ignorance of this ruling is not considered an excuse.
A non-Muslim incubator deserves custody of a Muslim child, so that the religions are reasonable, or he is afraid that he will become familiar with anything other than Islam, even if the religions are not reasonable.
In all cases, it is not permissible to keep the fostered child with this fosterer after reaching the age of seven.
The right of custody is not extinguished by dropping, but rather it is abstained with its impediments, and it returns with its demise. “.
The incubation expires:
Article 194 states, “Women's custody of the boy ends with puberty, and the female has her marriage, and the husband's entry with her. “.
It is also
1- The incubator may not travel with the child in custody to another country to reside without the permission of his guardian or guardian.
2- The guardian does not have a father or anyone else to travel with the insured person to travel in residence during his custody period, without the permission of his incubator.
Fifth: the expense of the child and the establishment of a nursery housing
The incubator has the right to receive alimony for the child, including the housing fee.
The one who is obligated to spend on the fostered child must rent a residence for his custody, unless the incubator owns a house in which she lives, or is designated for its residence.
The incubator is not entitled to a custody fee, if she is the wife of the father, or the iddat who is entitled to alimony from him in the waiting period, or during the period of the pleasure imposed on the incubator on the young father.
Sixth: Nursery fee
The incubator is charged a nursery fee until the young child reaches seven years, and the young woman is nine.
Seventh: server fees
If the child in custody needs a servant and the father is affluent, his reward is due to the father, because custody derives its provisions from alimony, and just as the father must provide his son with food, clothing and housing, he must provide the servant for him if he needs it and he is affluent.
Car price and driver's fare:
What the Kuwaiti judiciary has decided upon is that the court of the matter has the right to estimate all types of alimony, including the price of the car and the driver’s fee, according to what is customary, provided that the husband’s left hand is proven and the need of the one who is obligated for him.
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