
Will the 8 year old girl be permitted to divorce her 58 yr old husband by the Court of Cassation?
A new lower court judge has *finally* granted the divorce. By refusing to stop the mother's appeals, and by forcing the case down to the lower court twice and insisting they make a decision, the Court of Cassation effectively permitted the divorce (as the question asked).
http://www.google.com/hostednews/afp/article/ALeqM5iqFWV33zqF31w7CDH0rrSf_bXlxw
Background:>
The divorce plea was filed in August by the girl's divorced mother with a court at Unayzah, 135 miles north of Riyadh just after the marriage contract was signed by the father and the groom.
Lawyer Abdullar Jtili said:"The judge has dismissed the plea, filed by the mother, because she does not have the right to file such a case, and ordered that the plea should be filed by the girl herself when she reaches puberty
Mr Jtili said he was going to appeal the verdict at the court of cassation, the supreme court in the ultra-conservative kingdom which applies Islamic Sharia law in its courts.
Arranged marriages involving pre-adolescents are occasionally reported in the
Arabian Peninsula, including in Saudi Arabia where the strict conservative Wahabi version of Sunni Islam holds sway and polygamy is common.
In Yemen in April, another girl aged eight was granted a divorce after her unemployed father forced her to marry a man of 28
Will the Court of Cassation permit the 8 yr old to divorce the 58 yr old man?
sources:
http://www.dailymail.co.uk/news/worldnews/article-1099447/Saudi-court-rejects-divorce-plea-EIGHT-year-old-girl-married-58-year-old-man.html
Category Editor Note: The question needs to be read carefully, and I highly recommend reading the linked article. The initial ruling by a judge had already happened and is clearly documented in the background. The question is about the appeal of that ruling by the girl's mother to the Court of Cassation (think: Supreme Court of Saudi Arabia for sharia law), not the initial case whose ruling has been sporadically reported in the international press.
Settlement details:As reported by a major mainstream news source. If the Court of Cassation has not rendered a decision by settlement date the question shall settle as no
- Activity: H$24,236 |
- Predictions: 140 |
Comments: 15
Suspend date: Mon 31st Aug 11:59pm PST
Settlement date: Thu 30th Apr 2:21pm PST
Initial likelihoods: Yes: 50%
Action history:
"The judge has dismissed the plea because she does not have the right to file such a case, and ordered that the plea should be filed by the girl herself when she reaches puberty," lawyer Abdullah Jtili told the AFP news agency.
An eight-year-old girl who was married off to a 58-year-old blink.gif must stay with the man until she reaches puberty, a Saudi court has ruled.
The youngster was married off by her father in exchange for a Ł4,000 dowry.
Relatives of the girl said the groom had agreed not to consummate the marriage for 10 years and to allow the youngster to live with her mother.
The girl's mother, who is separated from her husband, had filed a petition for divorce with a court in Unayzah, 135 miles north of Riyadh.
But the court ruled that the girl must file the case herself when she reaches puberty, it was reported.
"The judge has dismissed the plea because she does not have the right to file such a case, and ordered that the plea should be filed by the girl herself when she reaches puberty," lawyer Abdullah Jtili told the AFP news agency.
http://www.cnn.com/2008/WORLD/meast/12/23/saudi.arabia.child.marriage/index.html
I mean, the judges are refusing to even hear the case, so in effect.. that's a no!
(CNN) -- A Saudi judge recently refused to annul a marriage between an 8-year-old girl and a 47-year-old man -- a union apparently arranged by the girl's father to settle his debts -- a lawyer in the case told CNN
updated 2:23 p.m. EST, Wed December 24, 2008
In other words, we still have some waiting to do.
http://edition.cnn.com/2009/WORLD/meast/03/24/saudi.child.marriage/index.html
It has been updated today..
They have refused.
http://www.google.com/hostednews/afp/article/ALeqM5iqFWV33zqF31w7CDH0rrSf_bXlxw (market suspended)
http://www.google.com/hostednews/afp/article/ALeqM5iqFWV33zqF31w7CDH0rrSf_bXlxw
Suspend date: Mon 31st Aug 11:59pm PST
Settlement date: Thu 30th Apr 2:21pm PST details
Predictions (140)
Comments (15)
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this ain't true for most citizens of the US, nor of those in many other countries .... I doubt this is true for quite anyone in Iraq.
okay, at least they are free. if they had the money, they could buy themselves a future.
I was thinking about the other question http://www.hubdub.com/m26406/Which_group_of_states_will_have_the_most_offenders_listed_on_teachercrimecom_when_school_gets_out - but there are other stories too:
Coach, 40, Weds 16-Year-Old Student
http://abcnews.go.com/GMA/story?id=3305652&page=1
Teacher who 'married' student in pagan ritual tried for sexual assault
http://www.courttv.com/trials/news/0405/20_miklosovic_ctv.html
And we all know the Mary Kay Letourneau storey, so no more details are necessary there.
Ok - that was the serious and disturbing stuff - and now, for an explination of why that is serious and disturbing... here is a comedy about it :-)
http://www.yourdailymedia.com/media/1134989797/Teacher_Marries_Student
http://www.cnn.com/2008/WORLD/meast/12/23/saudi.arabia.child.marriage/index.html
In other words, we still have some waiting to do.
http://edition.cnn.com/2009/WORLD/meast/03/24/saudi.child.marriage/index.html
1) July 2008: The 47-year-old man marries his neighbor’s 8-year-old daughter as repayment for a debt;
2) August 2008: The girl’s mother—who’s separated from the girl’s father—makes a plea with a lower court in Unayzah (Onaiza) to allow her daughter to divorce.
3) December 2008: A judge at that lower court dismisses the plea because, he says, the mother doesn’t have the right to file such a case, as she’s not the girl’s legal guardian. (As a condition, however, the judge makes the husband agree not to consummate the marriage until the girl reaches puberty.) The mother vows to take her case to the Saudi court of cassation (equivalent to the U.S. Supreme Court).
4) March 2009: The court of cassation refuses to certify the lower court’s ruling. This has the effect of leaving the marriage intact, but the mother’s challenge still alive. The case is sent back to the lower court for reconsideration.
5) April 2009: Upon that reconsideration, that lower court judge refuses—again—to allow the divorce. The mother vows to appeal again to the higher court of cassation, where another hearing is set for ‘next month’.
6) May 2009 (tentative): the court of cassation has the following options:
a. Overrule the lower court judge, and allow the marriage to be annulled…
b. Or agree with the lower court judge that the marriage should stand, effectively ending the appeals process;
c. Or refuse again to re-certify the lower court’s decision, and send it back down for yet further reconsideration (at which point it’s believed that the mother could again take the case back to the higher court, and so on, and so forth).
This is a confusing one, to be sure, but we’re watching it closely. Luckily the market is scheduled to be open for another 20 weeks, so there’s no real rush to settle now.
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