Appeal Court without ground decided to reject the alimony although it should not be based on richness of poorness when reaching a decision to rule in favor of beneficial enjoyment, it should not be based on the law but rather on the is Honorable verse from the Holy Quran ) َ‫سنِين‬ ِ ‫وف ۖ َحقًا َعلَى ا ْل ُم ْح‬ ِ ‫وس ِع قَ َد ُرهُ َو َعلَى ا ْل ُم ْقتِ ِر قَ َد ُرهُ َمتَاعًا بِا ْل َم ْع ُر‬ ِ ‫ ( َو َمتِّ ُعوهُنَّ َعلَى ا ْل ُم‬- 236. There is no sin on you, if you divorce women while yet you have not touched them, nor appointed for them their due (dowry). But give them a Mut`ah (a suitable gift, the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good. The to the Holy sayings of Allah 241. And for divorced women, maintenance (should be provided) on reasonable ٌ ‫ت َمتَا‬ (scale). This is a duty on Al-Muttaqin (the pious). )‫ُوف‬ ِ ‫ع بِ ْال َم ْعر‬ ِ ‫(ولِ ْل ُمطَلَّقَا‬ َ Surah Al Baqarah, Verse (241) The majority of scholars consider the beneficial of enjoyment to be favored but the Shafie’s consider it to be a right. It has been established with the Court of the First Instance that the Court has rightfully decided in accordance with the law and has investigated and reviewed the matter of the appellant’s right to benefit. And there was no grounds for the Appeal Court to intervene in a manner that is contradicting to the laws and the decision of the Court of the First Instance should be retained and followed since it was based on the matter of wellbeing of the husband to rule in favor of the benefit of the enjoyment of the thing that was brought forward by the Holy Quranic Verses and the sayings of the scholars and for all these reasons, the counter claim has no ground in the law nor in customs which is regarded among the pillars that dictate the course of action to make good for the divorced and also as an aid for her as a consequence of the divorce that befell her. Therefore, and with the consent of my honorable bench members, I decide to revoke the decision of the Appeal Court and to rule in favor of the decision issued by the Court of the First Instance. And Allah it is Whose help is to be sought. (Signature) Dr. Sitanna Abdul Jaleel Mohammed Judge of the Supreme Court 28/3/2016 I agree to what my Honorable Colleague has concluded in here memorandum in reason and result. (Signature) Mustafa Al Hadi Salih Judge of the Supreme Court 30/3/2016 I agree to the sentence of the Court of the First Instance to reject the Beneficial Enjoyment since it did not comply with the law and should rightfully be rejected and to the decision of the Court of the First Instance since to was in accordance with the law and should be supported. (Signature) Al-Tayeb Abdul Ghafoor Abdul Wahab Judge of the Supreme Court 7/4/2016