appeal court concluded that the one of the two arbitrators is a young minor and that both
arbitrators failed to check who bears the full fault and also failed to establish the degree of abuse
of the couple against each other and which partner is more abusive than the other, the claim went
on to state that the respondent did not deliberately miss the compromise sessions and that the
representative of the applicant is contradicting himself on the list of facts he resented, for what is
true is that the Father of the applicant refuses his son in law’s attendance at his house – and
therefore the respondent requests to second the judgment of the appeal court and to reject the
claim.
The Reasons:
The claim requesting a divorce was presented by the applicant named: Fatimah Abdul Ghafour
Ibrahim / Against / the respondent Ali Ameen Ahmed Hassen, and thus the judgment of the
second degree judge mentioned above is issued and was approved by the judge of the general
court for his reasons and opinions which are; that the court of the first instance had followed the
instructions of the appeal court and then issued its judgment which is under cassation. It should
be worth clarifying that the honorable appeal court has previously rejected the judgment and
instructed the court of the first instance as is stated on its memorandum that there is no argument
that the court of the first instance based its judgment on the report of the two arbitrators and
conciliators which was prepared after the previous judgment had been issued and after the
documents had been returned according to the instructions of the appeal court. And the
mentioned report was conclusive of the cause and where it concluded that the dispute between
the married couple is still going on not to mention the status of the married couple and the
process of the case and failing to reach a conclusion as instructed by arbitrators and conciliators
and their recommendation on the causes and continuation of the dispute, and they are mutual
causes shared by the married couple, for the holy verse states (And if ye fear a breach between
them twain (the man and wife), appoint an arbiter from his folk and an arbiter from her folk. If
they desire amendment Allah will make them of one mind. Lo! Allah is ever knower, Aware.)
Verse 35 from the Women (Alnissah), in summary, if a dispute between the couple arises and
their deeds were similar where the husband refuses to forgive and the woman refuses to do right
by her husband, and they concluded to by wrongful verbal and acts, meaning the continuation of
the dispute , and it has been stated from Iman Ali – May God be Pleased with him – send a man
from his folk and another from her folk and said to the two arbitrators, do you know what befalls
you, if you see that it is better to be reunited, then do so, and if you see that it is better to be
separated, then do so – as was mentioned on the interpretations of the meaning, if you see
amendment, Allah will make them of one mind. Until they emerge from the wrong doings. And
the status of the couple deems that they emerge from such status when on the one turn to separate
and on the other to reunite and thus the articles of the third chapter under articles 162-169 of the
personal status act for Muslims for the year 1991 regarding divorce for harm and martial dispute
are taken from such a doctrine, and by returning to what the two arbitrators have conceded based
on the second and first report, that the reports suggest the continuation of the dispute which was
apparent to them is caused by the both couples and thus the resolution by divorce without
reconciliation or amendment. Therefore, the intervention of the honorable appeal court was not
called for and erred the rightfulness of what is established which was reached by the court of the
first instance which has exerted considerable efforts and applied the law by considering both
married couples and the degree to which the dispute, harm and damage that has been reached