Marital discord
Question: I am a non-Muslim man married to a non-Muslim woman. My wife and I are currently having a dispute and all efforts to patch up have failed. Two months ago, my wife left the house and I don’t know where she resides now. Though she no longer stays with me, she is strongly opposed to the idea of a divorce. Since I am not a Muslim, can I still file for divorce before the Sharia Court? Can the Sharia Court order a divorce without my wife’s consent?
Answer: You have the right to request for the application of the UAE Personal Status Law. Article 1 of Federal Decree-Law No 29 of 2020 states: ‘The provisions of this law shall apply to all UAE nationals unless non-Muslims have their own provisions applicable to their own religion and sect.’
After applying the UAE law, you may have two options to seek divorce:
The first one is to divorce her directly before the Sharia Court, under Article 100 of the UAE Personal Status Law. However, in this case, you will be liable to pay for the rights that your wife may claim because the divorce will be executed at your wish and request.
The second option is to file a case in front of the court and request for divorce due to prejudice and due to the absence of the wife. In this case, she may lose some of her rights, but you will have to prove the prejudice. This is because mutual rights and obligations between the spouses, according to Article 54 of the UAE Personal Status Law, state:
1) Legitimate mutual enjoyment of each other within what is allowed by law.
2) Lawful cohabitation.
3) Good treatment, mutual respect and compassion and preservation of the family welfare. In the case of divorce due to prejudice, the prejudice shall be established by the legal means of proof and by the court judgements rendered against one of the spouses. The hearsay testimony is accepted if the witness had explained, or it was understood from his or her statement, that the prejudice is widespread in the spouses’ life, as decided by the court.
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Article 117 states:
1) Each of the two spouses is entitled to ask for divorce due to prejudice that would make the continuity of the friendly companionship between them impossible. The right of each of the spouses thereto shall not be forfeited unless their reconciliation is established.
2) In accordance with Article 16 of this law, the Family Orientation Committee shall endeavour the reconciliation of the spouses. In case it fails, then the judge shall propose reconciliation to the spouses. If this reconciliation is not possible and the prejudice is established, then the judge shall order divorce.
