1 - 7 June 2000
Issue No. 484
|Published in Cairo by AL-AHRAM established in 1875|
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A binding agreement
On the (1) ---------- corresponding to the (2) ---------- Before me ---------- Cadi of the Mehkemeh Charii of -------- appeared:------
1. Mr. -------- born at ------------ son of Mr. ---------- son of Mr. ---------- and of Mrs. ------------- daughter of Mr. --------------- aged --------- years, residing at ---------------- of the ----------- religion: of ------------ nationality; and ------------ by profession.
2. M ----------- born at ---------- daughter of Mr. ---------------- aged ----------- years, residing at ------------ of the -------------- religion; of ------------ nationality; and ------------ by profession.
Who, being both of full age and sound mind, did declare in the presence of the undersigned witnesses, namely:- ------------------ that they wished to be united in marriage according to Mohamedan law,
I did then explain to them that the Mohamedan law contains the following provisions:-
1. The husband may validly, unless there be any legal impediment to his so doing, have two, three, or four wives at one and the same time, notwithstanding the opposition of the one with whom he is already united in marriage.
2. He may divorce his wife whensoever he pleases, with or without her consent.
He may also refuse to allow her to leave his house without his permission.
He has also the right to compel her to live in his house and she may be forcibly compelled to obey him according to the Charii.
3. If the husband pronounce against his wife a revocable divorce, he may take her back at any time before the expiration of her "Iddat" even without her consent, if, however, the divorce is "bain" (irrevocable) the wife cannot be taken except by her own consent, with a new dower and in virtue of a new contract. But if the wife be repudiated by three sentences of divorce, the husband can only take her back after her remarriage duly consummated and the dissolution of this last marriage by divorce or the death of the husband.
4. If the divorce be pronounced before the consummation of the marriage, and when the amount of the dower has been specified, the wife will only be entitled to half this amount; if, however, the divorce be pronounced after the consummation of the marriage she will be entitled to the whole amount.
The wife who has already received any part of the dower, will be entitled to claim the remainder.
When the dower has not been specified, and the divorce takes place before the consummation of the marriage, the wife will only be entitled to claim from the husband a dress as determined by the Charii; if, however, the divorce takes place after the consummation of the marriage, she will be entitled to the customary dower, the amount of which shall be fixed by the Cadi or by agreement between the parties.
The wife is also entitled to the cost of her maintenance during her "Iddat" (period of probation) if the divorce takes place after the consummation of the marriage; but she is not entitled to it when the divorce takes place before. The amount to be paid in respect of such maintenance will be fixed by the Cadi or by agreement between the parties.
5. The children born of the union of a woman with a Mohamedan husband, follow the religion of the latter.
In case of divorce, the woman shall have charge of her infant children during the period of suckling and the cost shall be borne by the father; she shall be entitled also to have the custody of her children upon such terms as to the amount to be paid her in respect of their maintenance, as shall be fixed by the Cadi or agreed upon by the parties.
The period during which the wife is entitled to have the custody of her children is seven years for the boys and nine years for the girls, unless the Cadi otherwise order, on the ground of some impediment.
6. Difference of religion is one of the legal impediments to succession, ad the surviving husband or wife therefore cannot inherit from the deceased who is not of his or her religion.
The above having been read, the hereinbefore mentioned parties, having understood its meaning, did declare that they agree to be bound by the legal provisions therein contained, as also by the other rules of Mohamedan law concerning marriage. I did satisfy myself that no legal or administrative impediment to the marriage of the parties existed.
After which, the said ------------- acting personally and on his own behalf, and the said ---------------if she desired to marry him in consideration of a dower of ---------. The last-named, acting personally and on her own behalf, replied in the affirmative. The question and answer were made there and then before the undersigned witnesses --------------- who know the two parties and their respective families, who have heard the reading of the terms of the contract and the acceptation by the parties of the hereinbefore mentioned conditions, and all of which they have understood.
THEREFORE, in the name of the law, Mr -------------- is united in marriage to M ---------- in consideration of the above-mentioned dower of which ------ has been paid in advance to the wife by the husband.
IN WITNESS WHEREOF the parties sign hereunder the present deed, together with the witnesses and myself after them.
Done in triplicate, one for the husband, one for the wife and one to remain in the registry.
The cost of the two copies delivered to the parties amounting to 500 milliemes and the registration fee amounting to 50 milliemes, together 550 milliemes, were paid by the husband.
The Husband, The Wife,
The Witnesses, The Registrar.