الدعاوى الكيدية بين الزوجين وتطبيقاتها في محاكم الأسرة في دولة قطر – النفقة والحضانة أنموذجًا

Abstract

Objectives: The research aims to discuss some of the anticipated applications of malicious lawsuits in family cases between spouses, which are filed to the Family Court in the State of Qatar, such as alimony and custody, by monitoring evidences of maliciousness therein, after shedding light on the concept of malicious lawsuits and its provision in the jurisprudence and the law.

Methodology: The study is based on the descriptive approach to identify the vocabulary of the research, i.e. lawsuits, maliciousness and malicious claims as a complex term, then the practical approach to apply the same in some family cases filed in the family courts of the State of Qatar.

Findings: The study concluded a ruling prohibiting the malicious cases in Islamic law and criminalizing the same in Qatari law, despite the fact that the family courts in Qatar have not risen the malicious issue in the cases brought to them, due to lack of subjective competence. The study has detected some evidences that indicate to the malicious purpose in the cases filed before family courts.

Originality: The study has further highlighted the risk of malicious lawsuits because of the confusion in the pronounced lawsuits, in addition to the natural concealment on which the element of maliciousness is based. The study hopes that the Qatari legislator would develop the legal measures that prevent malicious lawsuits from violating the public order, in which the Family Court will pronounce its ruling on its own accord.