A non-Muslim woman who is divorcing a Muslim man wants to know her rights in the UAE
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A non-Muslim woman who is divorcing a Muslim man wants to know her rights in the UAE

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A non-Muslim woman who is divorcing a Muslim man wants to know her rights in the UAE

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Question: I am a non-Muslim woman, married to a Muslim man, and have a three-year-old son and a five-year-old daughter. If I want a divorce, but without prejudice, do I have the right, according to the law, to obtain one?

If the court grants a divorce, up to what age do I have the right to retain custody of the children? Do I have the right to claim half of my husband’s estate? Do I have the right to ask the court to apply non-Islamic law?

Answer: Obtaining a divorce with or without cause is a matter for the court, according to its assessment. In principle, Articles 118 and 120 of the Federal Law No. 28 of 2005 on Personal Status provide that if the wrong is not proven, the claim will be dismissed, and if the discord between the spouses continues, the injured party may file a new claim, and the court will refer the case to arbitrators.

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If the arbitrators fail to reconcile the spouses, the court, before issuing a judgment of separation, shall present the spouses with the arbitrators’ recommendations and call upon them to reconcile.

There is also another way of obtaining a divorce by filing a Khul petition.

As regards childcare, according to Article 145 of the above Act, you have the right to care until your children reach the age of five.

If the foster mother is a mother of a different religion than the child in foster care, her duties are terminated unless the judge decides otherwise in the interests of the child in foster care, provided that the period of foster care ends when the child reaches the age of five.

According to Sharia law, you have no right to claim half of your husband’s property, but if you ask for the application of your own law without your husband’s objection and your law gives you the right to this half of the property, the court may order this, taking into account that you must prove the existence of your own law and its principles.

Under Article 28 of the Civil Transactions Law, where the existence of applicable foreign law cannot be established or its context cannot be determined, the law of the United Arab Emirates shall apply.

You have the right to demand the application of your right if your husband does not object and without prejudice to the provisions of the Civil Transactions Law, in accordance with Article 1 of Federal Law No. 28 of 2005 on Personal Status.

The provisions of the Personal Status Act shall apply to non-citizens unless one of them insists on the application of the law of his country, without prejudice to the provisions of Articles 12, 13, 14, 15, 16, 17, 27 and 28 of the Civil Transactions Act promulgated by Federal Law No. 5 of 1985.

Website http://loconrepta.biz.id

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