Woman ordered to repay Dh50,000 in excess dowry to ex-husband

A woman in Fujairah has been ordered by the court to return Dh 50,000 to her ex-husband — money he gave her as a gift before their marriage, known locally as zahba.

The couple had signed their marriage contract, but the relationship ended in divorce before they could live together. Although they spent some time alone — what Islamic law calls khulwa — the marriage was never completed.

At the time of the wedding, the man gave his bride Dh 100,000 in total: Dh 30,000 as the dowry, Dh 20,000 for her wedding dress, and Dh 50,000 as zahba. After the divorce, he asked the court to return the extra money, saying the total went beyond the legal limit for dowries in the UAE.

The court agreed with him.

According to UAE law, a wife is only allowed a dowry of up to Dh 50,000 — Dh 20,000 in advance and Dh 30,000 as a delayed payment. Anything more than that isn’t required by law, even if it’s given as a traditional gift like zahba.

The Court of First Instance had ruled to divorce the wife for damage (before entry and after seclusion) and oblige the husband to pay Dh30,000  as a delay in friendship and Dh1500  per month as alimony and housing from the date of their marriage until the divorce ruling becomes final. The counterclaim in which the husband demanded the refund of additional amounts paid as gifts and equipment was also dismissed.

At first, the court granted the divorce and ordered the man to pay the delayed dowry. But it refused to make the woman return the zahba. 

The man appealed — and won. The Court of Appeals said that zahba is considered part of the dowry and must follow the same legal rules. 

The court emphasized that Federal Law No. 21 of 1997, which sets a cap on dowries, clearly states that the advance dowry should not exceed Dh 20,000 and the deferred dowry should not exceed Dh 30,000—making the legal total Dh 50,000.

Both parties had acknowledged that the wife received Dh 100,000, divided among the advance dowry, wedding dress cost, and the zahba.

Since the marriage was not completed, the woman only has the right to the legal dowry. She must return the extra Dh 50,000.

The court canceled the earlier decision on the zahba and ruled that she must give it back. It kept the rest of the ruling the same. The man will pay the appeal fees, and both sides will cover their own lawyer costs.