Sharia Law Divorce in the UAE: What You Need to Know

What Is Legal Divorce Under UAE Sharia Law?

The article explains that Article 53 defines divorce as ending the marriage contract by the husband’s will using clear wording. Article 54 states that divorce may take place by speech, writing, or an understandable sign.

The husband must document the divorce before the court within 15 days from the date it takes place. If he fails to do so without an excuse accepted by the court, the wife may claim compensation equal to the alimony from the divorce date until the documentation date.

Khula at the Wife’s Request

Khula is a separation requested by the wife in return for compensation offered by her or by another person to the husband. Under Article 65, it results in a minor irrevocable divorce.

Article 66 states that the compensation may be money. If the compensation is the dowry, returning what the wife received is sufficient and the remainder is dropped, even if deferred.

If the husband stubbornly refuses the khula compensation, the court may rule for khula and determine suitable compensation. The article also states that khula must be documented before the court within 15 days.

Judicial Divorce and Other Grounds for Separation

Divorce for Illness or Harmful Defect

Article 69 allows a spouse to seek annulment of the marriage on the grounds of a disease or defect considered repugnant, such as insanity, leprosy or vitiligo. If the condition is curable, the court may allow up to one year for treatment.

Article 70 sets out the effect on the dowry. The source article explains that where annulment occurs after consummation, the wife is entitled to the full dowry. It also sets out different consequences where the defect existed before the marriage contract or was known to one of the parties.

Divorce for Harm and Discord

Under Article 71, either spouse may seek divorce on the grounds of harm where the harm is serious enough to make continued marital life impossible. The court may rule for divorce where harm is proven and reconciliation fails.

If a harm claim is dismissed and discord continues, Article 72 allows a new claim after six months. The source article notes that this restriction does not apply where new harm or new circumstances arise.

Where reconciliation becomes impossible, each spouse appoints an arbitrator, preferably from the family. If they do not do so within the period set by the court, the court appoints two arbitrators. The arbitrators have up to 60 days from appointment to carry out their work.

The arbitrators hear both spouses, examine the reasons for the disagreement and try to reconcile them. If reconciliation fails, they decide how the marriage should end, with or without financial compensation.

Under Article 74, the court determines compensation by considering the reasons for the dispute and each spouse’s role. Any compensation payable by the wife must not exceed the dowry stated in the marriage contract.

Annulment Before Consummation

Article 75 allows the court to annul the marriage at the wife’s request where the husband refuses to divorce her or agree to khula, provided that she returns the dowry she received. If reconciliation fails, the court may grant annulment without investigating whether harm occurred.

The source article also states that where the wife seeks separation for personal reasons, she must return the dowry she received and reimburse the husband for his expenses.

Divorce for Non-Payment of Dowry or Maintenance

Under Article 76, a wife whose marriage has not been consummated may seek annulment if the husband fails to pay the prompt dowry within 30 days of the court’s order. After consummation, the dowry remains a debt on the husband.

Under Article 77, if the husband refuses to pay maintenance, the court gives him 30 days. If he proves insolvency, the court may give him 90 days. If he still fails to pay, the source article states that the court may grant an irrevocable divorce.

Desertion, Absence, and Imprisonment

• Desertion: The article states that annulment may be available where the husband swears to avoid his wife for more than four months and does not retract, or avoids her for more than six months without a valid excuse.
• Absence: A wife may seek divorce where her husband has been absent for at least six months for non-work reasons, after notice and a period of up to 180 days for him to return, arrange for her to join him, or divorce her.
• Missing husband: Where the husband’s location is unknown, the article states that divorce may be sought after investigation and one year from filing the case.
• Imprisonment: Where the husband is serving a final prison sentence of three years or more, the wife may seek irrevocable divorce after one year of imprisonment, subject to the conditions described in the article.

Divorce for Drug Addiction

Article 80 allows divorce where a spouse is proven to be addicted to drugs, psychotropic substances, or intoxicants. The source article states that either spouse may file for divorce on this ground.

How Faris Raian Can Assist

Faris Raian can assist with UAE family law matters involving talaq, khula, divorce for harm, maintenance-related separation, absence, imprisonment, and other judicial divorce grounds under Federal Decree-Law No. 41 of 2024. The appropriate route depends on the facts, the available evidence, and the financial and child-related consequences of each form of separation.

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