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Will the 8 year old girl be permitted to divorce her 58 yr old husband by the Court of Cassation?

Settled as Yes

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:

Background: A Saudi court has rejected a plea to divorce an eight-year-old girl married off by her father to a man who is 58, saying the case should wait until the girl reaches puberty.
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

 
Forecast history %
Yes
41%
No
59%
Settled as Yes on Thu 30th Apr 2:21pm PST

Suspend date: Mon 31st Aug 11:59pm PST
Settlement date: Thu 30th Apr 2:21pm PST

Initial likelihoods: Yes: 50%

Action history:

Created Sun 21st Dec 2008 4:32pm PST by deanthoreau
Settlement requested Wed 24th Dec 2008 6:27am PST by andrewdb: http://uk.news.yahoo.com/5/20081221/twl-no-divorce-for-eight-year-old-3fd0ae9.html

"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.
Settlement requested Wed 24th Dec 2008 9:28am PST by andrewdb: http://uk.news.yahoo.com/5/20081221/twl-no-divorce-for-eight-year-old-3fd0ae9.html

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.
Settlement requested Wed 24th Dec 2008 7:56pm PST by andrewdb: Doesn't this CNN link count as a NO?

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!
Settlement requested Mon 9th Feb 10:07am PST by andrewdb: http://www.cnn.com/2008/WORLD/meast/12/23/saudi.arabia.child.marriage/index.html


(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
Settlement requested Wed 25th Mar 12:43am PST by jpkoester1: http://edition.cnn.com/2009/WORLD/meast/03/24/saudi.child.marriage/index.html The court of cassation did not permit the divorce, however, it did overturn the ruling of the lower judge and refer it back to the original court. IMO this should settle as "No" but feel free to disagree.
Suspended Wed 25th Mar 2:24am PST by sqlman[Admin]: Checking settlement details
Unsuspended Fri 27th Mar 3:22am PST by sqlman[Admin]: UPDATE March 25: The Saudi Court of Cassation has rejected and refused to certify the lower court ruling allowing the marriage. That means that, while the marriage is still valid, the challenge to the marriage is still alive. The case now goes back down to the original lower court. If that lower court decides to stand by its decision allowing the marriage, the case will go back up to the court of cassation; if, on the other hand, the lower court reverses its decision, the marriage is over and the case is closed.

In other words, we still have some waiting to do.

http://edition.cnn.com/2009/WORLD/meast/03/24/saudi.child.marriage/index.html
Settlement requested Mon 13th Apr 3:11am PST by andrewdb: http://edition.cnn.com/2009/WORLD/meast/04/12/saudi.child.marriage/index.html

It has been updated today..

They have refused.
Suspended Mon 13th Apr 3:14am PST by sqlman[Admin]: Checking settlement details
Unsuspended Mon 13th Apr 3:46am PST by sqlman[Admin]: As expected, on Saturday, the lower court judge--again--refused to allow the divorce/annulment. (This was, of course, after the Saudi Court of Cassation last month declined to certify that lower court's original ruling.) The case now goes back up to the Court of Cassation again; it is scheduled to be heard next month. What'll happen there is anybody's guess. The case could be sent back down to the lower court again, or the higher court could overrule and allow an annulment. As this market is scheduled to run through summer, we'll have to wait and see...
Suspended Thu 30th Apr 9:02am PST by kruijs[Power User]: Suspended pending settlement
Settlement requested Thu 30th Apr 9:02am PST by kruijs[Power User]: please settle "Yes"
http://www.google.com/hostednews/afp/article/ALeqM5iqFWV33zqF31w7CDH0rrSf_bXlxw (market suspended)
Settled as 'Yes' Thu 30th Apr 2:21pm PST by sqlman[Admin]: 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

Suspend date: Mon 31st Aug 11:59pm PST
Settlement date: Thu 30th Apr 2:21pm PST details

 

Predictions (140)

29 weeks ago
jonboy predicted No (H$50 at 59%)
31 weeks ago
mialina predicted No (H$50 at 58%)
31 weeks ago
valariematthews predicted No (H$50 at 58%)
31 weeks ago
coasterjet predicted Yes (H$20 at 42%)
31 weeks ago
curios predicted No (H$2,000 at 56%)

Comments (15)

Her father did this? If he lived in the USA, he would be a teacher. This is just so wrong on so many levels.
posted 47 weeks ago
another victim of the public school system?
posted 47 weeks ago
  3 deanthoreau
how do u go from a person doing this , to a person being a teacher....fascinating leap
posted 47 weeks ago
  4 dieseldog
dean - this is the loving nature of some in the muslim world. you know like iraq when saddam was in charge. then the evil americans kicked him out. now those kids who was in prisons (their crime..being born to parents who spoke againest saddam) are free. if obama don't screw things up they can grow up to be whatever they want.
posted 47 weeks ago
  5 drobinhood
I seriously doubt Obama could do any worse than Bush.
posted 47 weeks ago
  6 kruijs[Power User]
"to be whatever they want"
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.
posted 47 weeks ago
@dean:

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
posted 47 weeks ago
The question is about the appeal of the original case. That won't be for a while. So please stop sending in settlement requests that relate to the original judges ruling. If the article doesn't say that the Court of Cassation ruled whatever, but instead that a judge ruled "no divorce", then that's already known and covered by the question's background and supporting link.
posted 47 weeks ago
I new the girls ex-husband. I guess she is kind of grouchy.
posted 47 weeks ago
  11 sqlman[Admin]
Just a friendly reminder: there was a December ruling by a judge in a lower court in which the judge denied the annulment/divorce. That ruling is well-known, but not the one the question is seeking. Rather, the girl's mother said after that lower court ruling that she'd take the case to the Saudi "Court of Cassation", which is superior to all other courts in the land, and, in fact, roughly equivalent to the US's Supreme Court. This market will only settle as a 'Yes' if A) that mother indeed takes the case to the Court of Cassation, B) that court elects to hear her plea, and C) the ruling is that the divorce/annulment is granted. Any other outcome--that is, if the high court denies the request, or refuses to hear the case at all, or the mother fails to take her case to the court, or if there's no ruling by the suspension date--the market will settle as 'No'.
posted 40 weeks ago
  12 sqlman[Admin]
UPDATE March 25: The Saudi Court of Cassation has rejected and refused to certify the lower court ruling allowing the marriage. That means that, while the marriage is still valid, the challenge to the marriage is still alive. The case now goes back down to the original lower court. If that lower court decides to stand by its decision allowing the marriage, the case will go back up to the court of cassation; if, on the other hand, the lower court reverses its decision, the marriage is over and the case is closed.

In other words, we still have some waiting to do.

http://edition.cnn.com/2009/WORLD/meast/03/24/saudi.child.marriage/index.html
posted 34 weeks ago
  13 sqlman[Admin]
UPDATE April 12: As expected, on Saturday, the lower court judge--again--refused to allow the divorce/annulment. (This was, of course, after the Saudi Court of Cassation last month declined to certify that lower court's original ruling.) The case now goes back up to the Court of Cassation again; it is scheduled to be heard next month. What'll happen there is anybody's guess. The case could be sent back down to the lower court, or the higher court could overrule and allow an annulment. As this market is scheduled to run through summer, we'll have to wait and see...
posted 31 weeks ago
  14 sqlman[Admin]
There seems to be some confusion as to why we're not settling this one yet. Here’s a timeline that may make our reasoning easier to understand:

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.
posted 31 weeks ago
  15 nightwish
Hey, I'm happy I lost this one...
posted 29 weeks ago

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