Can a divorcing non-Muslim couple opt for Sharia law?

Question: I am a non-Muslim man currently married to a non-Muslim woman. I want to get a divorce. Do I have the right to choose the Islamic Sharia system with regard to divorce, alimony and child custody? According to Islamic Sharia, what is the maximum amount that must be paid for the deferred divorce amount? Please advise.

You have the right to choose the Islamic Sharia Law with regard to divorce in case your wife accepts to apply the same law. In case she doesn’t accept Sharia Law, then the court will apply the law taking into account the provisions of Articles (12), (13), (15), (16), and (17) Of Federal Law No. (5) of 1985 promulgating the Civil Code, as amended.

Article 1 of the Federal Decree-Law No. (41) Of 2022 On the Civil Personal Status mentions that the provisions of this Decree-Law shall apply to non-Muslims who are national citizens of the UAE, and to non-Muslim foreigners residing in the state, unless any of them adheres to the application of the law of their home country, with regard to the articles of marriage, divorce, inheritance, wills, and proof of parentage, without prejudice to the provisions of Articles (12), (13), (15), (16), and (17) Of Federal Law No. (5) Of 1985 referred to earlier.

The persons governed by the provisions of this Decree-Law as named in Clause (1) of this Article may agree to apply other legislation regulating the family or personal status matters currently in force in the state instead of applying the provisions of this Decree-Law.

The provisions of this Decree-Law shall apply to all incidents that occur after the entry into force of these provisions.

According to Sharia Law, there is no maximum amount of deferred divorce or alimony.

Alimony may include, but not limited to custody accommodation with Dewa bills, internet and telephone, monthly children’s alimony with medical and education costs, servant alimony with its visa costs, wife’s custody alimony and transportation alimony with driver or car.

In assessing the amount of alimony, it shall be taken into consideration the possibilities of the debtor thereof, the circumstances of the beneficiary and the economic situation, in place and time, provided it does not fall below the sufficiency level. As for dowry, it may be in whole or part, be advanced or deferred upon the formation of the contract.