Annulment of marriage due to the husband’s drug addiction

Annulment of marriage due to the husband’s drug addiction

Life with an addicted husband is a silent and devastating suffering. It is not just a bad habit, but a situation that threatens your psychological stability, the security of your family, and the future of your children.

If you are living this painful reality, know that the regime in the Kingdom of Saudi Arabia understands the extent of this damage and gives you the right to request termination of the marriage contract.

This guide is not just a list of systemic information, it is a roadmap to help you understand your rights, how to prove the harm caused by addiction, and what you can expect during this difficult journey.

Why is a husband’s drug addiction a strong reason for annulment of marriage?

Drug addiction is considered one of the forms of serious harm that allows the wife to request termination of the contract, as addiction in itself is harm, and the reason for this is that addiction inevitably leads to:

• Other harms: such as beating, insulting, or bad treatment.
• Neglecting responsibilities: The husband stops spending on his home and family, and this in itself is another independent reason for requesting annulment.
• Behavior deterioration: He may commit immoral or systemic acts that harm the family’s reputation.
• Insecurity: Married life becomes unstable and full of fear and stress.
• Danger to children: Children grow up in an unhealthy environment that may put them at risk.

For these reasons, the court considers that the continuation of marital life in the context of addiction “which makes it impossible to continue living together in a reasonable manner“, which makes it a sufficient reason to rule for annulment. This case is based on what was decided by Article (108) of the Personal Status Law, which clearly states:

“The court shall terminate the marriage contract upon the wife’s request, due to the husband’s harm to her that makes it impossible for the relationship to continue in a reasonable manner, if the harm is proven.“

Annulment of marriage due to the husband’s drug addiction

How do you prove your husband’s addiction in court?

Claiming that your husband is an addict is not enough. You must provide strong and legally acceptable evidence. Proving drug addiction is the cornerstone of your case. Here is the most important evidence you can rely on:

Previous judicial rulings (strongest evidence)

If your spouse has had a previous final court ruling in a case involving drug use or possession, this is the strongest evidence of all.

Note that it is not enough here to simply charge the husband in a drug case, or have the case before the court, but there must be a final judicial ruling proving the conviction.

Expert advice: The time factor here is very crucial, so if a long time has passed since this ruling was issued and you are aware of it without filing a lawsuit for annulment, this may weaken your position before the judge.

The judge may consider your silence throughout this period to be evidence of your acceptance and satisfaction with the situation, so when you intend to file a lawsuit, do not relax or postpone.

Official medical reports

If a spouse is admitted to a hospital or specialized addiction treatment center, the reports issued by these authorities are considered official and strong evidence, and we know that it can often be difficult to obtain a copy of these reports.

The solution here lies in the possibility for the wife to submit a request to the judge examining the case to send a letter to the hospital to inquire about the validity of the claim that they have a file related to the husband’s recovery from addiction, and what the husband has achieved and accomplished at this stage. Has he recovered or has he started, relapsed and left? We base the possibility of requesting here on what was decided by Article (37) of the Evidence System, which stipulates that:

“..The court may request the public authority to provide – in writing or orally – any information it has relevant to the case, without prejudice to the regulations“.

We also emphasize that it is not sufficient here to simply ask the judge, but rather to provide evidence that it is not possible for the wife to bring the reports herself, by bringing from the hospital a letter stating that the wife has submitted a request to obtain information about the husband whether he has a file for treatment or not, and the provision of information was refused except by order of the court, in accordance with what is stated in Article (46) of the Procedural Evidence Regulations of the Evidence System, which states:

“The court shall not accept the opponent’s request for an editor from a public authority, unless it includes the following: evidence that the editor could not be brought by the opponent“.

Witness testimony

Testimony from people who have seen a spouse use drugs, or have seen the effects of use on them directly (such as family members living in the same household, close friends, or neighbors) can be supporting and important evidence.

Note: It must be taken into account that the testimony of the wife’s father and mother is not acceptable according to Islamic law, and cannot be relied upon to prove the husband’s drug use, in accordance with what is stipulated in Article (71) of the Evidence System:

“The original certificate of the branch is not accepted, and the branch certificate of the original..“, the original is [the father and mother], and the branch is [their daughter’s wife].

Likewise, with regard to the testimony of the wife’s brothers and sisters, the truth is that there is no explicit legal or legal impediment preventing their testimony from being heard, and many judges accept their testimony in this regard, but some judges do not accept it, and they base this on the fact that the testimony contains suspicion of favoritism and loyalty to their sister [the wife].

Annulment of marriage due to the husband’s drug addiction

Frequently Asked Questions

What are my rights after termination due to addiction?

This is a very important question, since the annulment here is caused by harm caused to you by the husband, the system preserves your rights as follows:
Dowry (compensation): In most cases, you are not required to return the dowry, because you are not the one who caused the annulment.
Child custody: A father’s addiction is considered one of the strongest reasons that support your position in obtaining custody of children, to prove his ineligibility to raise them in a safe environment.
Alimony: You are entitled to waiting period alimony, in addition to future monthly child support determined by the judge.

My husband promised me he would receive treatment, should I file a lawsuit now?

This is one of the most sensitive questions. We know that your decision is difficult, and you may have hope of correcting his condition. Systemically, if you file a lawsuit and the husband promises before the judge to undergo treatment, the judge may give him a period of time to do so. This procedure is similar to what happens in annulment cases for a treatable reason, where the judge may give a period of time to recover. However, the difference here is that commitment to addiction treatment depends largely on the person’s will, and this does not waive your right But our practical advice is to document everything. His commitment to treatment must be serious and proven (such as enrolling in an approved treatment program). If he relapses or does not comply, this breach of promise will greatly strengthen your position in the case and show the judge that you have given him enough opportunity.

I don’t have physical evidence, can a judge force him to do a drug test?

Yes, the judge has this authority. If you provide strong evidence and clues that make your claim probable (such as witness testimony or letters), but there is no conclusive evidence, you can, through your lawyer, ask the judge to refer the husband to a competent authority to conduct a drug test. If the judge’s order is issued and the husband refuses to undergo the test, this refusal is considered evidence and proof against him that supports the validity of your claim Note that whether or not to accept the referral here is entirely up to the judge’s discretion.

Annulment of marriage due to the husband’s drug addiction

Dealing with a case of annulment of a marriage due to the husband’s drug addiction requires experience and wisdom, a specialized lawyer from Abdul Majeed Al Rashid Law Office and legal consultations for serious cases that he represents from the beginning until the ruling is issued.

If you have decided to file a lawsuit and need professional regular representation, you can contact one of the lawyers at Abdul Majeed Al Rashid Law Firm and Legal Consultations to initiate your case.