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Colleges

Personal Status (1) "Marriage and Dissolution of Marriage"

Course Description: This course introduces students to the provisions of legal capacity and special family law provisions pertaining to marriage and divorce, according to Islamic jurisprudence and the decisions of the Council of Senior Scholars in the Kingdom, linking what is studied to judicial practice in Saudi Arabia whenever possible.
Credit hours: 3
Objectives of the course :

Upon completion of this course, the student will be able to:
Familiarity with family law provisions, especially those pertaining to engagement and its rulings, marriage, its conditions and pillars, divorce between spouses, and types of judicial separation, in accordance with Islamic Sharia. Additionally, familiarity with provisions of legal capacity, the acts of a minor, and impediments to legal capacity.
– To build jurisprudential competence in the student so they are able to comprehend jurisprudential and legal opinions and to act upon them in matters of personal status in the Kingdom of Saudi Arabia.
Familiarity with the Unified Personal Status Law of the Arab Gulf Countries (Muscat Document), with the use of a comparative approach regarding comparative legislation within the allocated time.
The student should be able to distinguish between the types of differences in Saudi judiciary.

Course outputs :

Knowledge and understanding:
A student should understand the engagement, its types, conditions, and reasons for withdrawal. They should also understand the types of marriage contracts and the ruling on each of these types.
2- The student should explain the pillars of the marriage contract and the conditions of marriage in the Hanbali school of thought and other jurisprudential schools.
3. The student describes the causes and types of divorce in Saudi and comparative jurisprudence.
Skills:
To analyze the reasons for and conditions of a wife's eligibility for alimony and the cases of its revocation.
To distinguish between different types of 'idda and how it changes from one type to another.
3. To analyze the justifications and grounds for judgments in custody cases.
4- To distinguish between the types of divorce, their rulings, and their resulting consequences.
Values, autonomy and responsibility:
1- To adhere to professional ethics in finding solutions that prevent couples from resorting to judicial divorce.
2. To take responsibility in self-employment and participate in finding constructive solutions to societal issues.
3. To adhere to the values of loyalty and belonging to the homeland and its leadership.

Additional information:

Course Topics:
Course introduction, objectives, and requirements, as well as an introduction to the term personal status, the Muscat document, and comparative law.
Definition of Eligibility and its Types, Actions of a Minor, and Incapacities of Eligibility.
Definition of marriage, legitimacy of the marriage contract, ruling on marriage, and statement of the purposes of marriage.
Introduction to the proposal, its conditions, retracting from the proposal, and related consequences, and even the value of proposal gifts.
Definition of Marriage Contract, Conditions of Marriage Contract, and Pillars of Marriage Contract.
Statement of guardianship provisions in a marriage contract.
Statement on Forbidden Women + Midterm Exam. .
Statement on the provisions of Mahr in the marriage contract.
Statement of the Rights of Spouses in the Marriage Contract and Explanation of the Types and Conditions of the Marriage Contract.
Statement on the effects of the marriage contract, provisions for spousal maintenance, maintenance for relatives and foundlings, lineage, its provisions, and methods of proof.
Definition of divorce, its pillars, its legitimacy, its types, its conditions, and circumstances under which divorce occurs and circumstances under which divorce does not occur.
Statement on the rulings of Khul', its permissibility, its provisions, and the conditions for its occurrence.
Statement on Rulings for Divorce due to Illnesses, Divorce for Non-payment of Dowry, Divorce due to Harm, Divorce due to Discord, and Divorce for Non-support.
A statement of the rulings on divorce for absence and loss, divorce for abandonment, divorce for *dhihar*, and the rulings on annulment.
Statement of the effects of a marriage contract: Iddah and its rulings, and custody and its related rulings.

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