Question:
I am a non-Muslim woman married to a Muslim man, with two children — a three-year-old son and a five-year-old daughter. I want to pursue a divorce without causing harm. Do I have the legal right to obtain a divorce under UAE law? What are my rights regarding custody of my children, and am I entitled to claim half of my husband’s wealth? Can I request the court to apply a non-Islamic law to my case?
Answer:
In the UAE, divorce proceedings are handled through the courts, and decisions are made on a case-by-case basis. According to Article 118 and 120 of Federal Law No. 28 of 2005 on Personal Status, if a spouse seeks divorce but cannot prove harm or discord, the court may reject the case. If marital conflict persists, the aggrieved party can refile for divorce, and the court will assign arbitrators to mediate the situation.
If arbitration fails, the court will review the arbitrators’ recommendations and invite both spouses to reconcile before making a final judgment on separation. Another option for divorce is Khul’, which allows a wife to initiate divorce by returning her dowry to her husband.
Regarding child custody, Article 145 of the Personal Status Law stipulates that you, as the mother, generally have the right to custody of your children until they reach the age of five. However, since you are of a different religion than your Muslim children, the court may transfer custody to the father unless it determines that staying with you is in the children’s best interest. The court may extend custody depending on the circumstances and the welfare of the children.
As for the division of wealth, under Sharia law, you are not entitled to half of your husband’s assets. However, if you request the court to apply the law of your home country and your husband does not object, the court may consider your claim, provided you can present proof of your own legal system’s provisions that entitle you to such a share.
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In cases where a foreign law cannot be determined or its application is unclear, the UAE’s laws will apply, as outlined in Article 28 of the UAE Civil Transactions Law.
Finally, you do have the right to request that your country’s laws be applied to your divorce proceedings, so long as your husband does not object. This is in line with Article 1 of the Federal Law No. 28 of 2005, which allows for the implementation of foreign laws in personal status matters, provided they do not contradict specific provisions of the UAE Civil Transactions Law.
The UAE Personal Status Law is generally applied to expatriates unless one spouse insists on following the law of their home country, in which case the court may allow it, subject to certain legal exceptions detailed in Federal Law No. 5 of 1985.
For detailed guidance, it is always recommended to consult a legal expert to fully understand your rights and navigate the legal process effectively.
