Desecration of the marital home in a live broadcast
This case stopped us a lot when it was presented to us, as its details are very strange.
Family disputes raged and escalated between a couple, and the discord reached the point of insulting and beating the wife, but this remained normal until she left her home on vacation, leaving her husband alone.
One day, she was curious to follow what was happening in the marital residence through the surveillance cameras that she installed in her bedroom to follow her daughter, and she was shocked to see a man she knew well, her husband's friend, in an inappropriate position with a woman who she knew was a stranger to him, so she was keen to record the incident with video and photos and quickly returned to confront him with the desecration of their home.
The husband reacted violently, as he beat and cursed her, so she realized that this was the conclusion of their relationship together, and carried her evidence to court with the testimony of witnesses who confirmed that she was subjected to systematic violence by her husband!
Confronted by the court with the videos of his friend in his bedroom, he justified that the latter came to his house with his wife from their countries, and asked to spend the night because his hotel reservation would begin the next day, so he left the bedroom for them, so that they could rest.
In this regard, we have stopped an important matter, is the court's position on the incident different, whether the woman who was accompanied by the husband's friend is actually his wife, or a woman who is a stranger to him, especially since the incident itself is unusual or does not recur often in personal status cases related to divorce damage?
The answer was clear and detailed in the reasoning of the ruling, as the court concluded that apart from the husband's failure to provide conclusive evidence that the woman was the friend's wife, and assuming that his unproven version is true, it considers that the mere fact of allowing a stranger to use the marital home for these practices is inconsistent with Sharia and law.
The court clearly stated that Islamic legislation did not leave the marital home to the winds of passion and subjective mood, but rather legislated clear controls and boundaries and therefore considered that this behavior caused harm to the wife, in addition to being beaten and insulted, and ruled to divorce her and grant her full rights.
Some sometimes act with some recklessness with regard to the marital home, especially in the absence of the housewife and its owner, who enjoys all rights, to protect it from any desecration, whether by the husband or any stranger or even a relative.
Family cases may not be as complex as civil lawsuits, especially those involving commercial or financial disputes, but they undoubtedly remain humanly and morally costly.
As jurists, we sometimes fail to understand the secret of the terrible transformation from love, friendliness and intimacy to lod in rivalry and enmity. May God guide everyone.
Arbitrator & Legal Consultant