UAE: Can a Muslim woman initiate divorce proceedings against her husband?

Question: I am a Muslim woman looking to initiate divorce proceedings against my husband. We have three children, all under the age of 18. I see no reconciliation in our marriage, but my husband refuses to initiate the divorce. If I initiate it as a Muslim woman, what are my rights? Who will get our children's custody?

Stay up to date with the latest news. Follow KT on WhatsApp Channels.

Answer: Pursuant to your queries, it is assumed that you and your husband are residents of the UAE. Therefore, the provisions of Federal Law No. 28 of 2005 on Personal Status, amended by virtue of Federal Decree Law No. 8 dated 29/08/ 2019, Federal Decree Law No. 5 dated 25/08/2020 and Federal Decree Law No. 29 dated 27/09/2020 are applicable.

As per Article 100 of the UAE Personal Status Law, a Muslim woman may initiate divorce proceedings against her husband. The law also mentioned that she may obtain a Khul, allowing her to initiate divorce from her husband, where she relinquishes her rights in marriage except to maintenance and custody of children.

Article 100 of the UAE Personal Status Law reads as:

“Divorce shall be initiated either by the husband or anyone acting on his behalf by virtue of a special power of attorney, or by the wife or anyone acting on her behalf by virtue of a special power of attorney, according to what was agreed upon in the marriage contract, and it must be documented according to the procedures followed in the court.

The divorce shall be established before the judge by evidence given by two witnesses testify, or by avowal, and the judge shall issue his ruling after verifying the fulfilment of either of said two conditions.

Divorce shall be deemed to be dated on the date of avowal, unless a previous date is established to the court, and the consequences of divorce by avowal shall be governed by Sharia rules.”

Article 110 of the UAE Personal Status Law (divorce by agreement. – Khul) reads as

“1. Divorce for consideration 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.

2. 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

3. 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.

4. Khul is rescission.

5. By exception to the provision 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.”

Furthermore, once the divorce is pronounced, a Personal Status court in the UAE which has jurisdiction to hear personal matters may issue orders related to a woman’s alimony, custody of children, maintenance etc. This is in accordance with Article 107 of the UAE Personal Status Law,