Urgent | The coercive power of the aggressor over his ex-wife


He attacked his divorced wife, accompanied by his two brothers, under the pretext of his claiming custody of his children, to end up in court. A judge in one of the Jazan courts directed them to bring them by force, after their absence from the public right session, and to postpone the judgment in the private right until the end of the general right judgment, This is at a time when the aggressor is awaiting a disciplinary punishment according to the law, in the event that his attack is proven and he confesses to it.

Asking for children

A source revealed to “Al-Watan” the details of the case, which consists in raiding the house of his ex-wife, of Yemeni nationality, accompanied by his two brothers, attacking and slandering her, and forcibly withdrawing the children without judgment, to live with him, amid the refusal of his divorcee, indicating that the latter filed a complaint against them. A session of the general judgment was set, and they did not attend, amid their insistence on denying the incident. The source added that the divorced woman demands the private right, and a date was set after the verdict in the public right, which was postponed, and the judge directed to bring the aggressors by force, stressing that the custody decision is for the mother.

disciplinary punishment

Lawyer and legal Abd al-Karim al-Qadi confirmed to Al-Watan that the criminal courts are competent to consider cases of insult, even if it is through electronic means, noting that their punishment is punitive, as punishment is prescribed for every sin that does not have a limit or penance, and it varies according to people, circumstances and time. And the place and the means, explaining that the assessment of the penalty is for the judge who is in charge of the matter, adding that if the personal assault is defamation and insult, the penalty in it may reach the point of defamation (80 lashes and imprisonment), and if the verbal assault affects the honor, the punishment may be just a tazir: either imprisonment or Flogging is less than the limit of slander, and if the assault was just a verbal insult, then the aggressor has a special right against the aggressor, which is estimated by the judiciary.

Incident scenario

A citizen and his two brothers raided his ex-wife’s house

– The citizen attacks his ex-wife, to take the children

The divorced woman files a complaint against the citizen

The citizen and his two brothers refused to attend the public right session

The judge directs to bring them by force

– Punishment awaits the citizen

A specialist confirms the mother’s custody of the children

Penalties

At the judge’s discretion

The penalty for personal assault with defamation and insult is up to 80 lashes and imprisonment.

– But if the assault was just a verbal insult, the judiciary will judge that.

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