19.07.2024

Types of Divorce in Muslim Law as per UAE/Dubai Jurisdiction

Divorce in Muslim law, particularly under UAE and Dubai jurisdiction, involves a nuanced interplay of Sharia principles, which are the religious laws of Islam, and national legal regulations. Sharia principles guide the moral and ethical aspects of divorce, while national legal regulations provide the procedural framework. Understanding this interplay and the various types of divorce and the associated legal processes can be invaluable for those navigating this complex landscape. This blog delves into the primary types of divorce recognised under Muslim law in the UAE and Dubai, offering a comprehensive guide to the procedures, rights, and responsibilities involved.

Here are the 4 types of divorce in Muslim law

1. Talaq

Talaq, initiated by the husband, is the most common form of divorce in Muslim law. It can be categorised into several types:

• Talaq-e-Sunnat: Adhering to traditional Islamic practices, this form includes:
  • Talaq-e-Ahsan: The husband pronounces talaq once during the wife’s period of purity (non-menstruating period) and refrains from conjugal relations during the iddah (waiting period) of three months. Reconciliation is possible within this period.
  • Talaq-e-Hasan: The husband pronounces talaq three times during successive periods of purity. The first two pronouncements can be revoked, but the third makes the divorce final.
• Talaq-e-Biddat (Triple Talaq): This involves the instant and irrevocable pronouncement of talaq three times in one sitting. Although historically recognised, it has faced significant scrutiny and reforms, including a ban in some countries. In the UAE, it is generally not favoured due to its irreversibility and potential for injustice.

2. Khula

Khula is a divorce initiated by the wife. She requests a divorce from her husband, often offering compensation or returning her dowry (mahr) to gain his consent. If the husband agrees, the divorce proceeds amicably. If he refuses, the wife can petition the court, which may grant the Khula based on valid grounds, such as mistreatment or incompatibility.

3. Mubarat

Mubarat is a mutually agreed-upon divorce in which both parties consent to end the marriage. This divorce form is characterised by mutual negotiation and agreement on terms, including financial settlements and child custody. It is a peaceful separation that aims to minimise conflict.

4. Judicial Divorce (Faskh)

When the husband refuses to grant a divorce or is unavailable, the wife can seek a judicial divorce (faskh) through the courts. Grounds for judicial divorce in UAE law include:

• Harm or Abuse: Physical or emotional abuse by the husband.
• Failure to Provide Maintenance: The husband’s inability or refusal to financially support the wife.
• Desertion: The husband abandoning the wife for a prolonged period.
• Impotence: The husband’s failure to consummate the marriage.
• Imprisonment: The husband is sentenced to a long-term prison sentence.
• Mental Illness: The husband who has severe mental illness or any condition that makes cohabitation unsafe or unbearable.

Legal Procedure for Divorce in UAE/Dubai

The divorce process in the UAE involves several steps:

1. Reconciliation Attempt: The court will first attempt to reconcile the couple through counselling sessions.
2. Filing for Divorce: If reconciliation fails, the divorce petition is filed.
3. Court Hearings: Both parties present their cases, including evidence and witnesses.
4. Judgment: The court issues a divorce decree based on the evidence and arguments presented.
5. Finalisation: The divorce is finalised, and the terms regarding maintenance, custody, and property division are enforced.

Frequently Asked Questions (FAQs) about Divorce in UAE/Dubai

1 . What are the primary types of divorce in Muslim law under UAE jurisdiction?

Answer: The primary types of divorce are Talaq (initiated by the husband), Khula (initiated by the wife), Mubarat (mutually agreed divorce), and Judicial Divorce (Faskh).

2. Can a wife initiate divorce in the UAE?

Answer: Yes, a wife can initiate divorce through Khula or by seeking a Judicial Divorce (Faskh) if she has valid grounds such as abuse, desertion, or failure to provide maintenance.

3. What is the iddah period?

Answer: The iddah period is a waiting period after divorce during which a woman cannot remarry. It is a significant aspect of divorce under Muslim law, as it ensures the clarity of paternity if the woman is pregnant and allows time for reconciliation. The iddah period typically lasts three months or three menstrual cycles.

4. Is Triple Talaq (Talaq-e-Biddat) recognised in the UAE?

Answer: Triple Talaq, involving the instant pronouncement of talaq three times in one sitting, is generally not favoured in the UAE due to its irreversibility and potential for injustice. The legal system encourages more considerate forms of divorce.

5. What grounds can a wife use to seek a Judicial Divorce (Faskh)?

Answer: Grounds for seeking Faskh include harm or abuse, failure to provide maintenance, desertion, impotence, imprisonment, and mental illness of the husband.

6. How does the court handle child custody in divorce cases?

Answer: The court prioritises the best interests of the child. For young children, custody is generally awarded to the mother, but the father retains financial responsibility. Custody decisions consider the child’s age, gender, and welfare.

7. What is the role of reconciliation attempts in the divorce process?

Answer: The court mandates reconciliation attempts through counselling sessions to resolve differences and save the marriage if possible. If reconciliation fails, the divorce proceedings continue.

8. How are financial settlements handled in a divorce?

Answer: Financial settlements include dowry (mahr), maintenance for the wife during the iddah period, child support, and division of marital assets. The court ensures fair distribution based on the circumstances.

9. Can expatriates follow their home country’s laws for divorce in the UAE?

Answer: Expatriates can apply for divorce under their home country’s laws but must ensure the divorce is recognised in the UAE. Consulting with legal experts is advisable to navigate both jurisdictions.

10. How can one enforce a divorce decree in the UAE?

Answer: It is legally binding once the court issues a divorce decree. Enforcement involves implementing terms regarding maintenance, custody, and property division. Legal recourse is available if either party fails to comply.

Divorce under Muslim law in the UAE/Dubai jurisdiction is designed to ensure justice and fairness for both parties, respecting religious principles and modern legal standards. Understanding the different types of divorce and the legal procedures involved can help individuals navigate this challenging process with clarity and confidence. Consulting with a legal expert specialising in family law within the UAE jurisdiction is not just advisable, but crucial for specific cases.