Question:
I am a Muslim woman. Two months ago, I lost a divorce case against my husband and the divorce case was rejected because I was unable to prove the case. My question is, do I have the right, according to Islamic law, to immediately file a Khul’ suit against my husband? Will the divorce occur? How much do I need to pay? What rights will I lose? Please advise.
Answer:
As per Article 110 of the UAE personal status law, khul’ is a contract between the spouses whereby they agree to terminate the contract of marriage against consideration to be paid by the wife or by another person.
The amount to be paid as a consideration shall be governed by the same rules as dowry but it is not allowed to agree on forfeiture of the children’s alimony or their fostering. Should the consideration to be paid in case of divorce by agreement be not validly determined, divorce shall occur and the husband shall be entitled to the dowry. Khul’ is rescission.
By exception to the provisions of clause 1 of this Article, where the husband is unduly obstinate in his rejection and it was feared not to observe God’s will, the judge shall decide the “Mukhala’a” (divorce) against an adequate consideration.
Based on the forgoing, you have the right to file Khul’ case directly, the khul’ will occur in case the consideration requested by the husband or estimated by the judge is paid by you.
There is no limit for the consideration that might be requested by the husband, but in case the husband appears to be unduly obstinate in his rejection, the judge shall decide the “Mukhala’a” (divorce) against an adequate consideration and it might be your rights of dowry and nafaqa or any other consideration.
On other hand, you also have the right to file a new divorce lawsuit rather than the first lawsuit you had lost, where the case shall be transferred to an arbitrators.
Article 118 of the law states that (If the prejudice is not established, the lawsuit shall be rejected, and if the discordance is still continuing between the spouses, then the aggrieved party may file a new lawsuit.
If the Family Orientation Committee the judge were not successful in reconciling them, the judge shall issue a judgment appointing two arbitrators from among their parents, if possible, after asking each of the spouses to nominate, in the next hearing at most, his arbitrator from among his parents, if possible, otherwise from those who have the experience and ability to reconcile. Should one of the spouses procrastinate in nominating his arbitrator or abstain from attending this hearing, the judgment shall not be subject to any appeal.)
