The UAE is a country where tradition and modernity coexist, and this blend is evident even in its legal system.
One aspect that draws heavily from tradition is Sharia law on alimony in UAE, particularly regarding family matters such as divorce and alimony.
In this article, we delve into the legal framework governing alimony in accordance with Sharia law and its implications.
Table of Contents
Sharia Law on Alimony in UAE 2023 – Legal Consultant Dubai.
Under UAE law, divorce proceedings for Muslims are governed by the Personal Status Law. This law outlines several grounds for divorce, including:
- Separation is based on a persistent cause of repugnant or harmful ills. If a marriage is plagued by ongoing issues that are harmful or repugnant, it can serve as grounds for divorce.
- Failure of the husband to perform the wife’s dowry. If a husband fails to fulfil his financial obligations regarding the dowry, it can lead to divorce.
- Divorce for harm with which it is impossible to perpetuate. Divorce can be sought in cases where harm is inflicted upon one of the spouses, making it impossible to continue the marriage.
- If the husband refrains from spending on his wife. A husband’s financial responsibility towards his wife is fundamental to marriage. If he neglects this duty, divorce may be pursued.
- If the husband is absent in a known location. The prolonged absence of a husband can lead to divorce proceedings initiated by the wife.
- Separation based on Al Zehar. This is when a husband swears never to approach his wife, effectively ending the marital relationship.
Additionally, the Civil Personal Status Law No. 41 of 2022 allows for divorce based on the unilateral will of one of the spouses.
This means that if one spouse desires to separate and end the marital relationship, they can do so without specific justifications.
Procedures for Registering a Divorce Lawsuit.
For Muslims in the UAE, the process of divorce involves several steps. Initially, the aggrieved party or those wishing to divorce must turn to the Department of Family Guidance.
The case proceeds to court after attempting reconciliation and confirming it is impossible.
The divorce lawsuit must be registered within two months of filing, and the party seeking divorce must provide evidence of harm incurred.
Alimony for Muslims.
Under the Personal Status Law for Muslims, husbands must provide alimony to their wives and children.
Alimony calculations are based on the husband’s income and earnings, encompassing various aspects such as:
Maintenance during the waiting period (Idah) and pleasure (motaa).
Alimony for fostered children, including expenses for food, clothing, housing, education, transportation, and a maid.
It’s important to note that a wife’s right to alimony may cease upon a divorce ruling.
However, both parties can mutually agree to waive their rights, except the rights of foster children, which remain protected.
Custody According to Sharia Law.
In accordance with the Personal Status Law for Muslims, mothers are granted custody of boys until the age of eleven and girls until the age of thirteen.
Fathers may seek custody after these legally specified ages, provided all custody conditions are met.
FAQs about Sharia Law on Alimony in UAE.
Navigating the intricacies of Sharia law on alimony in UAE can be a complex endeavour, requiring a deep understanding of tradition and legal procedure.
For the best guidance and legal support in matters related to Sharia law on alimony in the UAE, Al Mulla Lawyer & Legal Consultant stands as a trusted and experienced resource.
Understanding these legal principles is vital for anyone facing family-related legal issues in the UAE, as it allows for informed decisions that align with tradition and modernity.