What Are the Procedures for Filing for Divorce Due to Harm?

Divorce on the grounds of harm is one of the rights granted to a wife under Sharia and Saudi law. A wife may seek divorce when she suffers harm from her husband, such as abuse or injustice, based on the principle of mercy and affection that should exist between spouses.

The Saudi legal system has clarified the grounds on which a wife may seek divorce from her husband and has made the procedures for filing a divorce case on the grounds of harm straightforward and accessible, with the process available electronically.

Therefore, in this article, we will explain the procedures for filing a divorce case on the grounds of harm and the reasons on which such a case may be based.

Procedures for Filing a Divorce Case on the Grounds of Harm

Below, we explain the electronic procedures for filing a divorce case on the grounds of harm through the Najiz portal:

• The wife who wishes to file a divorce case must log in to the Najiz platform.
• Go to the Services section on the platform, then select the Judiciary service.
• Then proceed to the Statement of Claim service available on the platform.
• Select the main case classification as Personal Status, the sub-classification as Marriage and Separation Claims, and the case type as Dissolution of Marriage.
• Enter the claimant’s information, the applicant’s capacity, and the details of the marriage contract.
• The amount of the dowry must also be specified, along with whether divorce has previously occurred and any other required information.
• Next, enter the wife’s place of residence, the reasons for seeking divorce, the requests, and the attachments.
• After confirming that all information has been entered correctly, submit the application.

Grounds for Filing a Divorce Case on the Grounds of Harm in Saudi Arabia

There are several reasons that may lead a wife to file a divorce case on the grounds of harm, including:

• Physical Violence

A wife being subjected to physical violence is one of the most common reasons for filing a divorce case on the grounds of harm, as Saudi laws and Islamic Sharia reject all forms of violence against women.

• Emotional Neglect

If the husband neglects the wife’s feelings and fails to provide the necessary emotional support, this may cause the marital relationship to deteriorate and may be sufficient grounds for filing a divorce case on the grounds of harm.

• Failure to Provide Financial Support

If the husband fails to meet the family’s financial needs and does not provide support, the wife may seek divorce in order to protect herself and her children from such neglect.

• Verbal Abuse

If the wife is subjected to repeated insults and verbal abuse by her husband, this may negatively affect her mental health and make it difficult for the marital relationship to continue.

• Marital Infidelity

Infidelity is one of the strongest reasons that may lead a wife to seek divorce. If the wife discovers her husband’s infidelity, this constitutes a violation of the foundations of marriage and may be a strong reason for seeking divorce.

• Drug or Alcohol Abuse

If the husband drinks alcohol or uses drugs in a way that negatively affects family life, especially since substance abuse often leads to problems such as financial neglect and violence.

• Serious or Contagious Diseases

If the husband suffers from a contagious or serious disease that threatens the health of the wife or children.

• Sexual Impotence

If the husband has sexual impotence that prevents him from fulfilling his marital duties, the wife may have the right to file a divorce case on the grounds of harm.

• Abandonment

If the husband abandons his wife for long periods without a legitimate Sharia-based excuse, as prolonged abandonment may cause emotional and psychological harm to the wife.

You can also learn about: If the Wife Requests Divorce and the Husband Refuses

• Infertility

If the husband is unable to have children, the wife may file a divorce case on the grounds of harm, as Islamic Sharia grants the wife this right if the husband’s inability to have children is established.

• Mistreatment

Islamic Sharia rejects all forms of mistreatment. If the wife is subjected to psychological or physical abuse, she may file a divorce case on the grounds of harm based on that Sharia principle.

Read the full details about: A Wife’s Rights After Divorce Under the New Law.

Legal Provisions Supporting Divorce on the Grounds of Harm Under the Saudi Personal Status Law

If the wife is unable to continue her relationship with her husband, the Saudi Personal Status Law allows her to file a divorce case on the grounds of harm. Article (107) of the law provides:

“The court shall dissolve the marriage contract at the wife’s request if her husband refuses to provide maintenance for her or if it is impossible to obtain maintenance from him.”

This article explains that the wife may file a divorce case on the grounds of harm if her husband refuses to provide maintenance or if she is unable to obtain maintenance from him.

In addition, Article (108) provides as follows:

“The court shall dissolve the marriage contract at the wife’s request if the husband causes her harm to such an extent that continuation of the marital relationship in a proper manner becomes impossible, provided that the harm is proven.”

This article indicates that the wife has the right to seek dissolution of the marriage contract if her husband causes harm that prevents her from continuing the marital relationship.

Learn more about: Requirements for Khul’ for Women.

Best Law Firm for Filing a Divorce Case on the Grounds of Harm

Divorce cases on the grounds of harm require a deep understanding of the relevant procedures and laws, as well as the ability to prove the harm through convincing evidence before the court. This makes it important to seek the assistance of a law firm specializing in personal status and divorce cases.

Nawaf bin Awad Al-Harbi Law Firm is one of the leading firms you can rely on in such cases, as it has a team of experienced lawyers specializing in divorce and personal status cases who can also represent you before judicial authorities.

At our firm, we work to prepare the evidence supporting your claim, draft the statement of claim, and follow up on court hearings until a judgment is issued and officially documented. Do not hesitate to contact us if you wish to file a divorce case on the grounds of harm without unnecessary complications.

Conclusion

In conclusion, the procedures for filing a divorce case on the grounds of harm are relatively simple, making it easier for any wife who is subjected to violence or any other valid reason for seeking divorce to file a case without having to follow unnecessarily complicated legal procedures. This is intended to make the process easier and to help any wife who suffers violence, abuse, or other forms of harm seek divorce on the grounds of harm.

You can also read about: Requirements for a Mother’s Custody of a Child After Divorce to learn about the conditions and rules governing a mother’s custody of her child after divorce in Saudi Arabia.

Frequently Asked Questions

Can Divorce Be Requested Because of Frequent Marital Problems?

Yes, it may be requested, provided that the repeated problems make continuation of the marital relationship impossible. The wife must prove this using the methods of evidence recognized under Saudi law.

Can a Husband File a Divorce Case on the Grounds of Harm?

Yes, a husband may file a divorce case on the grounds of harm, but certain conditions must be met. These may include the wife refusing marital relations, leaving the marital home without a legitimate Sharia-based reason, preventing her husband from entering the home without a legitimate excuse, or disclosing marital secrets to relatives, family members, or friends.

Can Divorce Be Requested Due to Psychological Harm?

Yes, this may be possible, provided that there is clear evidence supporting the request. Psychological harm should be documented through witness testimony or a medical report, and the court will examine the evidence to assess the extent of the harm suffered by the affected party.