A reader asks: I am a Muslim woman divorced six months ago. Dubai Sharia Court passed judgement in my favour allowing me to retain custody of my 10-year-old boy. Two months ago, I married another man and he is currently living with us. I informed my previous husband that I had remarried, whereupon he asked me to waive my right to child custody amicably to allow him to have his child as per Sharia law. My first question is whether my first husband would be entitled to take my boy from me if he were to file a case against me before the court. My second question is whether I may ask the court to let my boy decide if he wants to remain with me or his father.
A husband may drop the custody of his child in the event of a divorce in accordance with Sharia, because Sharia upholds the interests of the child. The child’s interests are likely to be impacted in the event that the divorced mother gets married again and, therefore, the questioner might lose custody of her child if her divorced husband were to approach the Sharia court.
Finally, as for the question on the possibility of the court calling uon the child to choose between the custody of the mother or father, the court will not respond to this request since it is deemed by law that minor children often do not know their own interests and therefore only the UAE Sharia court that deliberates on their interests can decide whom their custody should be assigned to.
Salary withheld
A reader asks: I worked in a company for more than a year as an engineer under an unlimited period contract. As per my labour contract, I was expected to work for the firm for 10 months a year but my actual service was 12 months. I have since begun working for a new employer but I shall remain on the visa of my previous company for two months under an arrangement that has been legally cleared by the Ministry of Labour in view of my previous firm’s delay in payment of salaries.
My previous employer would only pay me once every two months. Two weeks ago, I submitted my resignation and asked them to give me my benefits and my salary arrears but the company failed to pay my dues. They told me that as per the labour contract I had not completed a year at the company and therefore I was not entitled to the benefits or my pending salary since I had submitted my resignation before completing one year. They also told me that they would ask the Ministry of Labour to impose a one-year ban on me in case I filed a complaint before the ministry. My question is: in case I were to file a complaint before the Ministry of Labour to claim my rights, how shall the period of service be calculated, and will it be in accordance with the employment contract or the actual period of service, which is more than a year? Also, will the ministry impose a one-year ban in this case. I would also like to know whether I can find work on a temporary basis until my case is settled by the labour court.
In the event of failure to reach an amicable solution with the company, the questioner may file a complaint before the Ministry of Labour to claim his salary arrears and other labour rights and submit to the Ministry of Labour evidence that he completed one year in service. If the Ministry of Labour were not to be convinced about this and calculated the period of service based on the said employment contract, the questioner may stand by his request and ask the Ministry of Labour to refer the complaint to a competent court to consider the case. Before the court, he may furnish proof that he worked for the company for a year. Finally, I would like to tell the questioner that the Ministry of Labour will suspend any measure initiated by the sponsor against the questioner until the court passes its judgement. The questioner may apply for a temporary work permit with the the Ministry of Labour and the ministry will take a decision in this regard.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
— Compiled by Bassam Za’za’, Legal and Court Correspondent
