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UAE: Can a Muslim woman seek Khula after losing a divorce case in courts?

Find out your rights, custody rules and procedures when filing for Khula under UAE law

Last updated: May 29, 2025 | 09:30

Mohammed Ebrahim Al Shaiba, Special to Gulf News

2 MIN READ

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Question: I am a Muslim woman married to a Muslim man, and I have a five-year-old son and a six-year-old daughter. Two months ago, I filed a lawsuit in the Sharia court for divorce due to harm, but I lost the case.

My question is: Do I currently have the right to file for Khula (a form of divorce initiated by the wife, allowing her to seek separation from her husband by offering compensation, often returning her dowry)?

What are the procedures for filing this lawsuit? What concessions must be made? Can I lose the custody of my children in exchange for Khula? Please advise.

Answer: You have the right to file for Khula by filing a suit in court for the same reason, in accordance with the procedures in force before the competent court.
Khula is a separation between spouses at the request of the wife and the husband's acceptance of the consideration offered by the wife or someone else. Khula takes place as a minor irrevocable divorce.

You may compensate the husband with the dowry paid or any amount agreed upon between both of you.

The waiver of any of the children’s rights, their maintenance, or custody is not part of this compensation, according to Article 65 of Federal Law No. 41 of 2024 regarding Consideration in Khula:

1. Anything that can be deemed property can be deemed as a consideration in Khula.

2. If the consideration in Khula is the dowry, then surrendering what was received from the dowry will suffice, and the remainder shall be dropped even if it was deferred.

3. It is not permissible to agree that the consideration in Khula is the waiver of any of the children’s rights, their maintenance, or custody.

4. If the husband stubbornly refuses to accept the consideration in Khula, the court shall order Khula in exchange for an appropriate consideration that it determines.