UAE | Crime
Abusing khulwa
Men, even non-Muslims, are increasingly trying to stop their ex-wives from gaining custody of their children by claiming they have committed adultery under Sharia.
- By Bassma Al Jandaly, Staff Reporter
- Published: 00:28 April 18, 2008
- Courts have been witnessing a number of cases in which some divorced men are trying to abuse the Sharia law to get custody of their children.
- Image Credit: Gulf News
Dubai: Men, even non-Muslims, are increasingly trying to stop their ex-wives from gaining custody of their children by claiming they have committed adultery under Sharia.
According to Sharia, women are not allowed to be alone with a man other than their relatives in an enclosed place. Courts have been witnessing a number of cases in which some divorced men are trying to abuse this law to get custody of their children.
A British woman and mother of one child who was once married to another Briton is an example. After seeking a divorce the woman moved to Sharjah with her daughter.
Her ex-husband, who was seeking custody of their daughter, tried to find a way of accusing her of committing adultery, she said.
She told Gulf News one day a distant male relative visited her at home. Suddenly police officers, accompanied by her ex-husband, arrived at her apartment.
"My relative and I were arrested and jailed and taken to hospital for a check-up to find out if we had committed adultery," she said.
She added the medical check-up proved their innocence, but she was accused of Tawajed or Tahseen Al Ma'asiya, being alone with a man who was not related to her. The police seized her passport and the case was transferred to the Public Prosecution.
Another British woman, a mother of three children who was once married to an Arab man, was in her Dubai apartment when the police, accompanied by her ex-husband, entered and found a man repairing her computer. Both were arrested and she was found guilty of Tahseen Al Ma'asiya. Police seized her passport and her three children's passports. Both women have pleaded not guilty to the charges of Tawajed.
Another case, which was heard at Dubai Criminal Court, was that of an Emirati man who told police his former wife had been hanging around with men. She was arrested by police while at the cinema with her boyfriend. The woman and her boyfriend were found guilty and both ordered to pay a Dh5,000 fine and the woman's ex-husband Dh20,000 as temporary compensation.
Sharia Judge Ali Al Dhabahi, at Dubai Sharia Court, said some men could abuse this law to gain custody of their children from their ex-wives. According to Sharia custody is given to an adult of sound mind and good character who does not have a criminal record.
He said such cases were very sensitive and affected the woman's honour, pride, life and future.
"The police, public prosecutors and the courts must always be accurate and investigate the allegations. Such cases are rare in Dubai and many times the court has found women accused of Tahseen Al Ma'asiya not guilty. The ex-husband should prove his accusations with a witness," he said. "A guilty woman will face jail or a fine. She will face deportation only if it is proved she practiced prostitution."
Have your say
Do you know any case of khulwa being used in that manner? How do you think this law has been exploited by former spouses? Tell us at letter2editor@gulfnews.com or fil in the form below to send your comments.
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