- Decisive oath. Absolute proof that each of the litigants may, at any stage of the case, tender to the other litigant. Condition therefor?

- The judge may refuse to allow the oath to be tendered if the party who tenders it does so vexatiously, provided that he states the aspect of vexation.

- The decisive oath may be tendered even if the fact required to be proved exceeds the scope of testimony, given that the oath is intended to prove a legal fact.

- Whoever to whom the oath is tendered and refuses to take it without tendering it back to his opponent and whoever to whom the oath has been tendered back and who has refused to take it, shall loose his case.

- The facts, subject-matter of the oath, shall be stated accurately and its wording shall be mentioned in clear terms. The court may amend the wording of the oath.

- The court, if it deems it appropriate, may grant the party to whom the oath is tendered a time limit to take the oath. If he is not present, he must be notified of the text of the oath as approved by the court in order to attend the session set therefor. Should he appear and abstain therefrom, he shall be considered in default.

- An example of a valid causation in a judgment refusing to tender the decisive oath.

- Gaining an understanding of the facts in the lawsuit, estimating the alimony, housing, and auxiliaries to be adjudged, and assessing the extent of the debtor's solvency and the need of the beneficiary. Within the authority of the trial court. Provided that it bases its ruling on valid reasons.

- The alimony may be increased and decreased according to changing circumstances, however, save in exceptional cases the increase or decrease lawsuit may not be heard prior to the lapse of one year from the date on which it was adjudged.

- The trial court is not obligated to examine the litigants' various statements and aspects of their defence, nor to respond independently to every statement or defence they have raised, provided that its judgment stating the truth of which it is convinced and the evidence thereof, contains the implicit reply invalidating those statements and arguments.

- The father shall spend on his male children until they reach the age of puberty and are able to earn their living and on the daughters until their marriage. The basis therefor?

- An example of a valid causation.

Whereas, as apparent in the facts of the case and to the extent necessary, the respondent plaintiff filed her lawsuit before the Court of First Instance, seeking a ruling imposing on the appellant defendant to pay the alimony and auxiliaries thereof for her and the children ......., ......, ....... and ...... in addition to the housing allowance, the furnishing allowance, and the tuition fees after the subsequent divorce between them.

In the session dated 17/4/2019, the Court of First Instance ruled to impose on the appellant defendant to pay the alimony and auxiliaries thereof for the plaintiff and the children ...., ...., ....., and ......, plus the housing allowance, the furnishing allowance, and the tuition fees, and rejected the remaining demands for the reasons stated in the ruling.

The parties filed an appeal against this judgment.

In the session dated 2/2/2020, the Court of Appeal ruled to modify the appealed judgment, by adding the maid's expenses, the tuition fees, and the furnishing allowance adjudged by the Court of First Instance.

The appellant filed an appeal in cassation against this judgment, and after the cassation was presented to this court held in the Council Chamber, the court decided that it was valid for hearing and set a session therefor of which the parties was notified.

Whereas the appellant objects to the contested ruling in the first reason stating that it erred in the application of the law, violated the documented facts, contained flaws in inference, and breached the right of defence when it refused to tender oath to the appellant to prove that he has provided her with adequate housing and that she abandoned it on her own, with the existence of prior agreement in this regard, and her presence after that in the Emirate of Abu Dhabi for the purpose of her work, and therefore it shall be reversed.

Whereas this objection is not valid, since it is prescribed as per the provisions of the Islamic Sharia and the law alike that the decisive oath is an absolute proof, and that each of the litigants may, at any stage of the lawsuit, tender the decisive oath to the other opponent, provided that the fact, subject-matter of the oath, concerns the person to whom it is tendered, and where it is not related to his person, the decisive oath shall focus on his mere knowledge thereof, the judge may, however, refuse to allow the oath to be tendered if the party who tenders does so vexatiously, provided that he indicates the aspect of vexation. In addition, the decisive oath may be tendered upon fulfilment of its conditions in all civil and commercial matters, whether or not the legal and material facts, subject-matter of the oath, may be proven by the testimony of witness or by official or customary written document, and

it may also be tendered even if the fact required to be proved exceeds the scope of testimony, given that the oath is intended to prove a legal fact. Further, whoever to whom the oath is tendered and refuses to take it without tendering it back to his opponent and whoever to whom the oath has been tendered back and who has refused to take it, shall loose his case, and the facts, subject-matter of the oath, shall be stated accurately and its wording shall be mentioned in clear terms. Also, the court may amend the text of the oath to be tendered so that the paper on which is written the fact on which oath shall be taken is tendered clearly. In case the party to whom the oath is tendered did neither object to its admissibility nor to its relation to the case, has, if attending in person, to immediately take the oath or tender it back to his opponent, otherwise, he shall be considered in default. The court, if it deems it appropriate, may grant him a time limit to take the oath. If he is not present, he shall be notified of the text of the oath as approved by the court in order to attend the session set therefor. Should he appear on the date fixed and abstain without disputing it or absent himself without excuse, he shall be considered, as well, in default. Should the person to whom the oath is tendered disputes its admissibility or relation with the case and the court rejects his objection and orders him to take the oath, the court shall state in the enacting terms of its judgment the text of the oath which shall be notified to the other party, if not attending in person, as confirmed by the legislator in the United Arab Emirates... 3- Whereas the contested ruling examined the facts of the case with knowledge of the law and understanding of the facts, as it addressed the detailed evidence presented therein and the court's refusal to tender the decisive oath to the respondent, based on the concerted evidence establishing the respondent’s entitlement to adequate housing and that she did not abandon her marital house on her own, let alone the proof that she rented an accommodation for herself and children ......., ......., ...... and ...... on her own account, along with the existence of a prior agreement in this regard and her presence after that in the Emirate of Abu Dhabi for work, then it reached the conclusion to reject the appellant defendant's defence on the grounds that it was not based on factual and legal evidence, and the existence of concerted evidence establishing the legal facts that the respondent presented, and are based on factual and legal evidence and sufficient to support that judgment, and therefore, it is consistent with the correct rule of law, and consequently, the appellant’s objection shall be deemed ungrounded and shall be rejected.

Whereas this objection is inapposite, since it is prescribed pursuant to the provisions of the Glorious Islamic Sharia and the Personal Status Law that the family is the basic and essential building block of societies, and have a crucial role in social development, and it is based on the basis of affection, mercy, friendly treatment, and mutual commitment between the spouses, and in this regard, the Almighty said in His Verses (And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquillity with them, and He has put love and mercy between your (hearts): verily in that are Signs for those who reflect.). Further, the Islamic Sharia has taken great care of the family, making marriage the only way to establish it, and it has considered it the most sacred bond between human beings, as God Almighty called it in His dear Book a solemn covenant when He said (And how could ye take it when ye have gone in unto each other, and they have Taken from you a solemn covenant?) and

Also, children, upon reaching their maturity with the ability to earn, shall bear the obligation to spend on their parents under certain conditions, and

Furthermore, pursuant to Article 63 of the Personal Status Law, alimony includes food, clothing, dwelling, medical care, servicing charges for the wife, if she is performing such services within her family, and all what the conjugal relationship kindly requires, as well as all other necessities and the tuition fees, along with the child’s housing cost, the custody allowance, and expenses of childbirth, postpartum, birth sacrifice, and spending on the family on holidays. The Messenger, may God’s prayers and peace be upon Him and His family and His companions, said to Hind daughter of 'Utbah, complaining that her husband Abu Sufyan is a miser and does not give her and her sons, "Take from his wealth what is reasonable and enough for you and your sons". On this basis, the legislation in the State took into account the income of the debtor pursuant to the Verses of the Almighty, may He be glorified and exalted, (Those who, when they spend, are not extravagant and not niggardly, but hold a just (balance) between those (extremes), as well as his living and economic situation before the divorce, and

if these circumstances change between the maturity date of this alimony and the date on which it was awarded, then it shall be estimated at the time of maturity rather than the time of judgment, with the need to observe mediation and moderation. God the Almighty has urged the husband to spend on his wife and his children, in His Verses (Lodge them in your home according to your means. Do not harass them so as to (make life) difficult for them. If they are with child, spend upon them until they deliver their burden; and if they suckle give them their wage and consult together honourably. But if you both make difficulties, let another woman suckle for him. Let the rich spend according to his wealth and for he whose provision is little, let him spend from what Allah has given him. Allah does not charge a soul except with that He has given him. Surely, Allah will bring ease after difficulty.) * Sura AT-TALAQ (DIVORCE)*. Moreover, the alimony for the wife is prescribed in the Holy Book and the Sunnah and the Islamic nation as per the saying of the Almighty in the Verses "(And it is for the man to whom children are born to offer them provision and raiment with beneficence. No self is charged except to its capacity. No woman giving birth shall be harmed on account of her child, nor shall a man to whom a child is born (be harmed) on account of his child; and the heir (is charged) in like manner.)" This noble Verse indicates that the debtor is the man to whom children are born and the husband, since kinship of children is attributed to him. In addition, the rules of judicial evidence in the provisions of Islamic Sharia regarding alimony cases are distinguished by a kind of privacy from other commercial and civil cases, since

Further, it is prescribed in the Personal Status Law that the alimony may be increased and decreased according to changing circumstances, however, save in exceptional cases the increase or decrease lawsuit may not be heard prior to the lapse of one year from the date on which it was adjudged, and that

the increase or decrease of the alimony is calculated from the date of the judicial claim. It is also prescribed that the trial court may exercise its power without further review, as long as it bases its judgment on valid reasons that are sufficient to support it, after investigating the financial conditions of the two parties, and the economic and social situation in time and place and all the associated circumstances... Moreover, the trial court is not obligated to examine the litigants' various statements and aspects of their defence, nor to respond independently to every statement or defence they have raised, provided that its judgment stating the truth of which it is convinced and the evidence thereof, contains the implicit reply invalidating those statements and arguments. In addition, it is prescribed in the doctrines of Imam Malik and Imam Ahmad bin Hanbal - may God have mercy on them - and which are in force in the state, "that everything related to the estimation of the alimony and the determination of the housing allowance and so on shall be entrusted to the judge's opinion."

Khalil, may God have mercy on him, who is one of the scholars of the Malikis, stated that a father shall spend on his male children until they reach the age of puberty and are able to earn their living and on the daughters until their marriage, by saying : “The male child shall be supported until he reaches the age of maturity and is able to earn, and the female shall be supported until her marriage” [Manual: 138]. Also, upon estimating the alimony and housing, the financial situation and capabilities of the husband or the father shall, according to custom, be taken into account. Judge Abu Bakr Mohamed bin Asim Al-Andalusi Al-Gharnati said in Al-Tuhfa:

Whatever relies on an assumption shall be entrusted to the opinion of the judge

According to the needs, the standing, the price, the time, and the place.

The remaining Islamic schools of jurisprudence adopted the same principle... Whereas the contested ruling applied the foregoing Sharia rules on the facts presented before it, based on an understanding of the reality and knowledge of the Sharia texts, after examining the defences of the two parties, and then reached a conclusion compatible with the tolerant Islamic Sharia and the law, with respect to alimonies and auxiliaries thereof, and based on valid reasons supported in the case file and consistent with the provisions of Islamic Sharia and the law, taking into account the income of the appellant father from a fixed position in the Department of Residency and Foreigners Affairs in Dubai and his partnership in commercial companies, as well as the support of children ....., ......, ....., and ........ Therefore, the appellant’s objection with respect to all its aspects, is a mere substantive disagreement within the authority of the trial court to understand the facts, weigh the evidence, estimate the alimony, and prove or disprove the establishment of the material and legal fact, and may not be brought before the Supreme Court. Therefore, the objection shall be deemed inapposite and, consequently, it shall be rejected, and the cassation shall be deemed not based on the provisions of the glorious Islamic Sharia and the law, and consequently, it shall be rejected.