العوض في فسخ النكاح في النظام السعودي: دراسة تأصيلية تطبيقية

Abstract EN

This research is included in the personal status law which is one of the important sections in the Personal Law; many of the Islamic and Arabic countries attend to list these texts borrowing them from Islamic juristic judgments according to the prevalent belief, and Kingdom of Saudi Arabia overworks to get the results according to the case researcher, so the provisions of the personal law are not listed in a constant texts, what led to the presence of different independent judgments, but the obligation in the judicial cases is to list the provisions especially when it is repeated and touches the society’s stratum, such as our research which contains a main content of discussing to oblige the wife to payback the dower which she received from the husband when she brought to trial of dissolution of marriage “consideration”, this case has been defined, and the obligations of the direct dissolution according the lack of the fitness in religion or temporal has been mentioned, the obligations of Baath Alhakamain too, then mentioning the doctrinal legacy trends and the realism scientific about treating this case, caring to the realistic evidences and judicial applications from the courts of Kingdom of Saudi Arabia, then to came up with the most superior and acceptable opinion, that the valid wife must not be obliged to pay back the dower except in few extraordinary cases, a group of provisions have been recommended in legal articles organize the procedures and judgments which must be followed in these cases