Ask the law: 'I cannot live with my husband'

Question

A questioner from Dubai asks: I am a Muslim woman married to a Muslim man. Six (6) months ago, I filed a divorce case for prejudice against my husband before the Sharia Court, and because the witnesses were outside the UAE, I lost the case. My question is, currently the witnesses are inside the country, so do I legally have the right to file a divorce lawsuit for prejudice again, or is it better for me to file a Khul’ lawsuit, because I cannot live with my husband? Please advise.

Answer

To answer this question, I would advise the questioner that:

The Khul’ as per Article 110 of the UAE Personal Status Law 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. 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.

Which means that in order to take Khul’, you might pay an amount to the husband and lose your rights. So we recommend you to file another case for prejudice and to request all rights including dowry and alimonies of “Idda” period, compensation, etc.

Article 118 of the same law states the procedures that will be taken by court in case the first lawsuit is rejected.

(“If the prejudice is not established, the lawsuit shall be rejected, and if the discordance is still continuing between the spouses, then the aggrieved party may file a new lawsuit. If, in the Family Orientation Committee, the judge was not successful in reconciling them, the judge shall issue a judgment appointing two arbitrators from among their parents, if possible, after asking each of the spouses to nominate, in the next hearing at most, his arbitrator from among his parents, if possible; otherwise from those who have the experience and ability to reconcile. Should one of the spouses procrastinate in nominating his arbitrator or abstain from attending this hearing, the judgment shall not be subject to any appeal.”)

The two arbitrators have to find out the reasons of discordance and deploy efforts to reconcile the spouses. Abstention from any of the spouses to attend the arbitration sitting, whenever notified of the date fixed for it, or the next sittings if set at different intervals, shall not affect the progress of the arbitrators’ work.

If the two arbitrators fail to reconcile the spouses, the court shall present the arbitrators’ recommendations to the spouses and invite them to reconcile before issuing the judgment of separation.