Background

A wife filed a case before the Riyadh General Court against her husband who had been absent for six years leaving her and their two children, no residence and no alimony. She had searched for him in Jordan where he had gone after he had left Saudi Arabia but had not found him. She had also announced her husband's absence in a Riyadh newspaper. She asked the court to annul her marriage. And brought two witnesses as evidence who confirmed her statements.

Decision

In accordance with Article 34/10 and the Code of Shari'a Procedure and the Hadith: “there must be neither harm nor the imposition of harm'. The court ruled the marriage should be annulled and the wife must wait for iddah period or menstrual period .She may then marry provided that the ruling was confirmed by the cassation Court. On 08/03/2004, the Cassation Court confirmed the General Court's ruling.

The citation and date in this case is that of the Riyadh General Court as the Court of Cassation merely confirmed the decision.