00In the last part, the signature of the marriage order, the signature of the witnesses, the signature of the husband / his representative and the signature of the wife / her representative appear.
0
- According to the testimony of the Marriage Registrar, who testified on behalf of the defendant and answered the court's questions (see his testimony on page 11, lines 15-39 and on page 12, paras. 1-36 for the transcription of the minutes of July 17, 2025), the marriage contract form is a standard and uniform form for everyone, with technical details that the marriage registrar fills out in his own handwriting at home, but usually most of the details are filled out at the time of signing the marriage contract.
- From the marriage agreement signed by the parties, it appears that in a series of "special conditions of one of the parties", a condition was written there, according to the defendant's claim, "Sharia law applies to them only, and the Property Relations Law of 1973 does not apply to them", hereinafter "the condition", but it is not clear whether this is the condition that was requested and recorded, and which of the parties requested this condition, when prima facie it can be concluded that the defendant was the one who requested the addition of the condition, since this is his position in the proceeding.
- In a parenthetical article, I will note that the translation of the marriage contract that the defendant attached to his statement of defense is not considered a translation in accordance with the provisions of the law and cannot be relied upon, even though in the case no request was submitted for an interpreter for the evidentiary hearing on behalf of the defendant, which acts in accordance with the defendant's duty in the proceeding.
- Moreover, it was not clarified when this condition was agreed upon between the parties, such a significant determination in the contract is one of the basic terms of the agreement and therefore it is necessary to prove that this condition was written with the consent of the parties, and that they understood its meaning and implications.
However, this was not the case in the case before me.
- According to the testimony and answers of the Marriage Registrar to the plaintiff's counsel's questions, it is clear that he "never explained" to the parties the meaning of the law, what the addendum says, what it means in relation to the provisions of the law, or any other clarification, even the slightest minimum, see 13 of questions 10-38 for the transcription of the minutes of July 17, 2025 of his testimony , and in particular questions 30-38, as follows:
Q: Because she says I didn't get an explanation, we're a traditional procedure, I came, they signed me, not at all