based on the statements by witnesses who did not know what the
appellee’s job was, and did not meet with him in five years. He is
financially unable to pay what he was ordered to pay, or what was
reported in the investigation about his income. Added to that, he had
other commitments towards another wife with four children. Also, he
owns a house in Alaamireya neighborhood in Omdurman that was ready
for occupation, thus the lawyer asked us to intervene and cancel the
decision.
On the other hand, the representative of the appellee insists on
upholding the decided sums and believes they are suitable and in
conformity to the principles of equity. Regarding the defendant’s house,
he argues by questioning why the defendant had failed to allocate the
property to them, before the legal action.
Hence, after reviewing all documents and the reasons presented by
both parties, we decide to uphold the ruling determining the sums of the
alimony, because;
- It is known that the alimony is prescribed by Sharia, to be paid by
the breadwinner to the caretaker of the dependents, i.e. the wife,
children or relatives and should cover food, clothes, housing and
other living expenses. And the truth is in Allah’s words (to provide
for them and clothe them in a proper manner.) with due
consideration to standards and criteria for estimation. as Allah says
(Allow them to reside where you reside, according to your means.)
This should be while bearing in mind the economic situation which
varies according to place and time.
- The mechanism for estimating the sums decided by the court
depends largely on testimonies of those close to the dependents, as
experts who can testify to the concerned parties’ realistic needs;
they are not witnesses to prove a specific fact that could lead the
judge to decide according to what they stated.
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