Whereas the cassation decision (the subject matter of the request) has committed to such
judgment which approves the foregoing, its adjudication should have committed to the
proper law and has nothing defective therein from legal point of view along with no
violation of sharia provisions.As such, it should have to be upheld.
Whereas the review request is groundless and useless, it worth cancellation and I amin the
opinion if the colleagues agree, that our judgment is to be entered as to cancel the request.
Al Tayeb Abd Al Ghafoor Abd Al Wahab
Supreme Court Judge
08/07/2015
Mohamed Yassin Al Sheikh Idris
Supreme Court Judge
12/07/2015
I agree and add that the matter should be brought forward before the executing court if the
creditor and debtor so agree, but in event of appearance of any sign of disagreement upon
not terminating the consideration by reason of employment or end of the phase, any dispute
means that the trial court should direct the claimant to file a claim for forfeiture of alimony
in respect of which it should discuss points of dispute between them that means resemblance
to the debts of inheritance if not acknowledged by the heirs.
Salah Al Tigani Al Amin
Supreme Court Judgment
14/07/2015
I agree with my colleagues in the Circuit that the executing court is an automatic court
responsible for enforcement of the judgment, but if proved before it that the fostered child
for whom the alimony is imposed has been graduated from the university and reached a
level at which his counterparts may earn and becomes self-reliance as a result of his earing,
the alimony must be forfeited (please refer to the cassation decision No, 1/2015 dated
06/01/2005 - judgments Magazine for 2005 page 11 without the need for entering a new
judgment proving the same))
Fadya Ahmed Abd Al Kader
Supreme Court Judge
23/07/2015