“Possession by the jinn” causes a wife to be divorced and lose her legal rights

The Personal Status Court of Appeal in Dubai ruled to revoke all legal rights from a wife, because she was deceived by her husband after she concealed that she was possessed by the jinn, and prevented herself from him on the day of the wedding, as it overturned the ruling of the court of first instance, which ruled that the husband be obligated to pay a deferred payment of 30 thousand dirhams. 6,000 dirhams as housing rent, and 2,000 dirhams as monthly expenses.

In detail, a “husband” filed a lawsuit By his client, lawyer Hamda Makki Against his wife, requesting a ruling to separate them and annul the marriage contract due to her being deceived by him, forfeiting all legal rights, and obliging her to pay fees and expenses and for legal fees, on the basis that he was unable to consummate the marriage with her because she was afflicted with “possessed by the jinn,” as she said, and that he tried to treat her by resorting to a legal ruqyah reader. However, she did not respond to treatment, as the reader indicated that she was “affected by a strong jinn possession that prevents her from having marital relations,” indicating that it was because of Her concealing this from her before marriage and not declaring it led to harm to him.

While the defendant explained in the lawsuit she submitted to the court, that “the plaintiff married her under a valid legal contract, and that he did not consummate her because of a legal excuse at the beginning of the marriage, and he asked her for a general power of attorney to dispose of her money, but she refused that, which led to a change in his behavior towards her, in addition to He did not provide her with a marital home, expelled her from the home he had borrowed from his friend, and left her in her family’s home without maintenance.”

The reasons for the ruling of the Court of Appeal, which ruled to annul the appealed ruling and to annul the marriage contract and cancel all of the defendant’s legal rights, stated that she sent the husband a text message four days after the marriage in which she informed him that she had withheld herself from him because she was possessed by the jinn, which was confirmed by her brother in His testimony before the court, in addition to his acknowledgment thereof before the arbitrators.

The court indicated that in doing so, the husband was subjected to deception on the part of the wife, indicating that the deception that occurred on the part of the defendant and her abstention from marital intercourse because she was possessed by the jinn, marriage loses its purpose and meaning, as stipulated in Article 114 of the Personal Status Law is that “for every Both spouses have the right to request separation in the event that the other spouse is deceived or with his knowledge that leads to the conclusion of a marriage contract. It is considered intentional to remain silent about the incident of deception if it is proven that Whoever was deceived would not have concluded the marriage contract had he known that fact.”

The court stated that the defendant admitted before the court that she had informed the plaintiff on the fourth day of marriage that she was undergoing ruqyah, and that Mutawa came on the same day and read to her. She said that the plaintiff asked her to return to her family’s house until he looked into the matter, and that the next day his family sent Who informed her family that they had been deceived by them and that their son did not want to continue the marriage because he had been deceived by them and that she was possessed by jinn that prevented her from intercourse.

The court confirmed that the plaintiff would not have concluded the marriage contract if he had known that the defendant had been possessed by the jinn, indicating that the purpose of marriage was to reproduce and give birth to children and offspring.

She said that since the plaintiff did not have intercourse with the defendant and with her acknowledgment, there is no waiting period on her, noting that with regard to alimony, the defendant’s disobedience and her preventing herself from him led to him not having intercourse with her because she told him that she could not have intercourse on the pretext that she was possessed by jinn. By annulling the marriage contract and thus forfeiting all legal rights of the plaintiff towards the defendant.