Ask the law: Muslim woman wants to divorce husband
Exploring valid grounds, legal options, and considerations for divorce and ‘Khul’ in Shari
Question:
I am a Muslim woman married to a Muslim man. I am currently in conflict with my husband. I want divorce. My question: What are the valid reasons for divorce? If I am unable to obtain a divorce, do I have the legal right, according to Sharia, to file a direct lawsuit to request for “Khul”? Is there a maximum amount for “Khul”? Please advise.
Answer:
To answer such question, I would advise the questioner that:
Reasons for divorce (Judicial Separation) are: Separation on Account of Defects, Separation Due to Non-Payment of the Due Dowry, Separation Due to Prejudice and Discordance, Separation Due to Abstention from Support, Separation Due to Absence and Disappearance, Separation Due To Imprisonment, and Separation for “Ila” and “Zihar”.
“Khul” is a rescission. If you cannot obtain divorce, you have the right to request for “Khul” (divorce for consideration). There is no maximum amount for “Khul” because it is estimated by the court; and, sometimes, the husband shall be entitled to the dowry only.
According to Article 110 of the UAE Personal Status Law, “Khul” (divorce for consideration) is a contract between the spouses whereby they agree to terminate the contract of marriage against consideration to be paid by the wife or by another person.
The amount to be paid as a consideration shall be governed by the same rules as dowry, but it is not allowed to agree on forfeiture of the children’s alimony or their fostering.
Should the consideration to be paid in case of divorce by agreement be not validly determined, divorce shall occur and the husband shall be entitled to the dowry.
Where the husband is unduly obstinate in his rejection and it was feared not to observe God’s will, the judge shall decide the “Mukhala’a” (divorce) against an adequate consideration.