Divorce is a sensitive and grave issue in any culture, but in the United Arab Emirates (UAE), it is governed under Sharia Law, the Federal Law No. 28 of 2005 regarding personal status. Although divorce cases are still low in the UAE relative to other parts of the world, a high rate of marital dissolution occurs in the Gulf region with permissible grounds for divorce as obtained in Islamic law.
This article examines the grounds on which a divorce is legal in Islam within the UAE, the legal basis for divorce, and how the process is executed for both Muslims and non-Muslims. It thus goes a long way in providing knowledge to individuals considering this most significant decision in their lives.
Understanding Divorce in the UAE
The legal system of the UAE approves Sharia Law to remain as the basic set of rules for Muslim marriages and divorces. On the other hand, the marriage of non-Muslim couples will be covered by the law of the country of their origin in the case they file a divorce case within the UAE borders. Nonetheless, this article is about the Islamic approach to divorce and those reasons accepted by the courts under Sharia.
Divorce in Islam is therefore seen as permissible though not encouraged. Divorce is therefore a measure that should be thought of if there are failures of attempts at reconciliation. In the case of Islamic jurisprudence, the right to initiate divorce may either be invested in the husband or the wife depending on the individual circumstances.
Legal Grounds for Divorce in Islam in the UAE
Under the law of Islam practiced in the UAE, many grounds for divorce exist. The grounds range from serious marital misconduct and adultery to more subjective issues, such as lack of harmony or communication. Some of the most commonly accepted grounds for divorce in Islam in the UAE include the following:
- Adultery
Adultery is one of the most serious reasons for divorce under Sharia Law. If one spouse commits adultery against the other spouse, then the latter is given complete legal rights to divorce his/her cheating partner. However, in the UAE, one needs evidence, including eyewitness and documentary proof, such as phone records and photographs.
Another important aspect is that adultery is also a criminal offense in the UAE. The adulterer can be sentenced with harsh punishment, including imprisonment or deportation. Hence, most couples seek an amicable settlement to avoid legal repercussions.
- Desertion (Abandonment)
Desertion refers to a situation where one spouse leaves without the consent of the other spouse. From the juristic point, under Islamic law in the UAE, if a spouse leaves the marriage for a definite period—in most cases for one to two years—the deserted spouse will be able to seek divorce on this ground. Ordinarily, the court calls for evidence that the deserting spouse has been away for a long time and never intends to come back to the marriage.
- Abuse (Physical or Emotional)
Another accepted reason for divorce under Islamic law in the UAE is physical or emotional abuse. Evidence of domestic violence or emotional mistreatment would enable a spouse to obtain a divorce. All these have to be supported with medical reports, photographs, and the eye-witnesses’ statements. In most instances, two male or four female witnesses are considered necessary for validation of allegations.
- Dowry is not paid (Mahr)
A dowry (mahr) in an Islamic marriage is the compulsory payment by the groom to the bride. A failure to pay the dowry agreed on results in divorce. In fact, under Article 116 of Federal Law No. 28 of 2005, “if the dowry has not been paid and a marriage has failed to be consummated,” a wife may seek divorce under this law. However, if consummation has already been completed, but the dowry is not paid, then this does not immediately lead to divorce, but rather the spouse is obliged to pay the dowry still exists, and legal action can be taken to resolve the issue.
- Repudiation (Talaq)
Islam has granted the right of talaq or repudiation to the husband in the case of his divorcing his wife. Talaq is oral or written, and with it, a Muslim man has one of the most direct means to divorce his wife. Whenever talaq is declared, then she (the wife) must wait for the period called Iddah where the husband is given the space to reconsider his decision.
In fact, a wife can even file for divorce through the procedure known as khula in which she intends to annul the marriage by returning the dowry or compensation.
- Mental or Physical Defects
Under Article 112 of the UAE personal status law, if one spouse finds that the other has some defect that is irremediable or disgusting, such as insanity and leprosy, or that impedes sexual enjoyment, such as impotence, or vaginal occlusion, he/she may ask for dissolving the marriage whether such defect exists before or occurs after concluding the contract. The right of dissolution shall accrue no further if the spouse learns about the defect before the contract and accepts it expressly or purportedly afterwards.
- Failure to Provide Financial Aid
Another recognized ground for divorce under Islamic law is financial neglect. In case a husband fails to provide any of the wife’s financial necessities in terms of housing, food, and other essentials, then this can become a valid ground for divorce. Under Islamic law, the court shall usually order the husband to provide for his wife’s financial needs for a given period; failure of which results in divorce.
- Imprisonment of the Spouse
One of the grounds for divorce in the UAE is if one spouse is convicted to a term that covers more than three years in prison and at least one year thereof has been served.. If he has a financial resource, she may spend it.
- Spouse absent or not available
In such a case, if the husband is absent without explanation and so cannot provide financial support, a wife can request a divorce. The court can also provide a divorce to the wife after investigation in case the whereabouts of a husband are unknown for more than a year.
10. Separation for Ila’a
Article 132 of the UAE Personal Status Law provides that the wife may apply for divorce if her husband swears not to have sexual intercourse with her for four months or more (case known as ila’a) unless he goes back on his oath before the elapse of the four months. Divorce in this case shall be irrevocable
The Process of Divorce in UAE
If one of the spouses files for divorce in the UAE, it is presented first to the Family Orientation Committee, where the court shall attempt to reconcile the couple. Should this attempt at reconciliation fail, the divorce process will then continue in court with each spouse presenting their case, evidence, and witnesses. If the court finds just cause for divorce, then it will grant the decree of divorce. Financial settlements including custody of children, alimony, and distribution of assets will all be taken into consideration in the trial.
How Lawyers in Dubai Can Assist You
The divorce process is a complex one and, in many ways, emotionally and psychologically trying too. Specialist legal firm HHS family Lawyers in Dubai handles family law-related matters in the UAE, including divorce, child custody, and alimony cases. Our lawyers are dealing with divorces in the UAE. They can offer you professional and sensitive case handling.
If you are considering a divorce, or if you have a family law matter in which you need legal assistance, call HHS Lawyers today. Let us guide you through the legal process to help you find the best possible outcome for your case.
“Stay in the loop for upcoming updates and alerts.! hdhub4u
