Judicial Separation and Executional Obstacles: An Analytical Study of the Judicial Separation Acts in the Omani Personal Status Law and its Judicial Applications and the Jurisprudential Opinion about it
Dr. Saleh Said Al Mamari
College of Law, University of A’Sharqiyah,
Sultanate of Oman
The wife in the Sultanate of Oman has the right to sue her husband in order to request separation from him. However, the decision of separation remains hanging between putting it into practice or not due to legal procedural problems. This research seeks to find solutions for these problems. The concern of the research lies in major questions which are: when will a separated woman start serving her term of waiting period (Iddah) and move out of her marriage circle? Is it by the first ruling decision, by an appeal judgement, or by a Supreme Court ruling? The scope of the research will be limited to Omani law and its applications by Omani courts.
The researcher aimed at investing these questions using the comparative analytical approach between Sharia and the law in order to obtain an appropriate thought. The research is divided into three main parts, the meaning of judicial separation in language, Sharia, and law. A comparative study of the legal opinion of judicial separation in Sharia and the law. The third part analyses the applications of Omani courts of judicial separation in the light of Sharia and legal rules. At the end, the researcher arrived at some important findings such as: the Omani courts and the separated woman both remain doubtful not knowing when to start serving her (Iddah). It is also not clear which rule is the final ruling for judicial separation. However, the research came up with some recommendations that enrich the subject. The first recommendation is to clearly declare the time when a judicially separated woman should begin serving her (Iddah) in the Omani Family Status Law. Secondly, to make clear what is meant by final ruling to the issues related to judicial separation.
Keywords: judicial separation, Iddah (waiting period), execution, Family Status Law, judgement.