I have given such opinion in a previous judgment but the said Review Decision No.
69/2014 was issued the Review No. 159/2013 (unpublished).
In application of whatsoever contained in the judicial precedent, observing the rules
delivered by higher courts, which may stabilize judgments in prevention of any
contradiction therewith and since the task of the judge is the application of law whether or
not he is satisfied with justice of law, and his personal uncertainty will not constitute a
reason for preventing him from applying the law, and he may give his opinion in writing,
the reasons for his ruling or in proposals to the body having the right to legislation.
((See Cassation Decision 7/cassation/1972 Judgments Magazine 1972))
In consideration of the premises, the appealed judgment has been rendered in accordance
with the law and nothing legally defective therein and should have to be upheld.
Whereas the appeal is useless, it should have to be quashed. I am therefore of the opinion,
agreed by my colleagues in the Circuit that our judgment should be rendered towards
quashing the appeal.
Al Tayeb Abdul Ghafoor Abdul Wahab
Supreme Court Judge
17/02/2016
I agree and add that childbearing is the most important goal for marriage as justified by the
Prophet (PBUH) who said: ((Marry the one who is fertile and loving, for I will be proud of
your great number before the nations on the day of Resurrection)). Narrated by Ahmed and
Abu Dawood, corrected by Al Iraqi and Al Albany. It is apparent that a woman is not
prohibited from claiming for divorce by reason of lack of childbearing for harm and miss of
the greatest goal of marriage. Since the claimant`s request for divorce has been realized, her
request should have to be responded and I agree to the validity of the judgments delivered
by the lower courts.
Dr., Sittana Abdul Jalil Mohamed
Supreme Court Judge
06/03/2016
Fadya Ahmed Abdul Qader
Supreme Court Judge
13/03/2016