(2) Where the husband is proved to have recovered by medical examination thereon, after the period adjournment,
the suit shall be dismissed; otherwise she shall judicially be divorced therefrom.
Seeking the help of those possessed of experience and specialization to know the possibility of recovery and
suitable period therefor
158. There shall be sought help of those possessed of experience and specialization, from Muslim physicians, to
know the possibility of recovery, or otherwise and suitable period for recovery.
Adequacy of testimony of a single Muslim physician
159. The testimony of one Muslim physician shall be adequate.
Irretractiveness of divorce for impotence
160
Divorce for impotence shall be irretractive.
Application for judicial divorce for emergent impotence
161. A wife shall not apply for judicial divorce for emergent impotence, after the contract, unless she fears
seduction for herself.
Chapter lll
Judicial Divorce for lnjury and Dissension Application for judicial divorce for injury and proof of injury
162- (1) A wife may apply for judicial divorce for injury, with which continuous cohabitation of her like is not
possible, and not permitted by Sharia.
(2) Injury shall be proved by all Sharia modes of evidence, including the testimony of fame and hearsay.
Arbitration
163.(1) Where injury is not proved, and dissension continues between the two spouses, and reconciliation is not
possible and the wife returns after three months to apply for judicial divorce, the judge shall appoint two arbitrators
from their relatives, if possible, otherwise from those whom he expects to have ability for reconciliation.
(2) The judge shall order the two arbitrators to take the oath to perform their task fairly and honestly and shall fix
for them the period of arbitration.
Duties of the two arbitrators
164.(1) The two arbitrators shall verify the reasons of dissension and exert effort to reconcile between the two
spouses.
(2) The two arbitrators shall submit to the judge a report on their endeavours, including the extent of insult of each
of the two spouses, or of one thereof to the other, and the proposals thereof.
Validation of the two arbitrators report, or appointment of
others
165. The judge may validate the report of the two arbitrators or appoint two arbitrators other than them by a
grounded decision to perform the arbitration task anew, in accordance with the procedure mentioned in the two
sections 163 and 164.
Differences between the two arbitrators
166.
Where the two arbitrators differ, judge shall appoint others than them, or join to them a third arbitrator,
who shall take the oath thereby.
Reconciliation being not possible
167.
Where reconciliation is not possible, and dissension continues between the two spouses, the, judge shall
decree judicial divorce, in reliance on the arbitration's report, subject to the provisions of section 164.
Judicial divorce for injury or dissension
168.
Where the judge decrees judicial divorce of the consummated wife for injury, or dissension, and all or
most of the insult has been from the wife, she shall be divorced for money, to be assessed by the two arbitrators,
and where all or most of the insult came from the husband, or has been from both of them, or the condition is
unknown, she shall be divorced for no money.
Judicial divorce irrevocability for injury or dissension
irretractive
169.
Judicial divorce for injury or dissension shall be deemed irretractive.
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