Question: My husband and I have been facing major issues in our marriage, and I wish to end it. However, he is refusing to initiate divorce proceedings. As a Muslim woman, I have the option of Khula. What are the legal requirements for me to initiate this in Dubai? Could you explain?
Answer: In the UAE, a Muslim woman may initiate divorce proceedings against her husband in the form of Khula as mentioned in Article 65 of the UAE Personal Status Law, which states, “Khula is a separation between spouses at the request of the wife and the husband's acceptance of the consideration offered by the wife or someone else, ‘Khula’ takes place as a minor irrevocable divorce.”
Furthermore, Article 66 of the UAE Personal Status Law states that anything of value may be considered as compensation for Khula, typically the dowry, but children’s rights like maintenance or custody cannot be waived. If the husband refuses the compensation unfairly, the court may enforce Khula with a suitable amount it decides. The said article read as below:
“1. Anything that can be deemed property can be deemed as a consideration in Khula.
2. If the consideration in Khula is the dowry, then surrendering what was received from the dowry will suffice, and the remainder shall be dropped even if it was deferred.
3. It is not permissible to agree that the consideration in Khula is the waiver of any of the children’s rights, their maintenance, or custody.
4. If the husband, stubbornly, refuses to accept the consideration in Khula, the court shall order Khula in exchange for an appropriate consideration that it determines.”
Khula is only valid if both spouses are mentally and legally competent, and the compensation must come from someone capable of giving it. This is in accordance with Article 67 of the UAE Personal Status Law, “Khula is valid between fully competent spouses, and the exchange in Khula is valid if the person who provides it is competent.”
Article 68 of the UAE Personal Status Law requires the Khula to be officially documented in court within 15 days which states “The spouses shall document Khula in accordance with the procedures in force before the competent court within a maximum period of (15) fifteen days, any interested party may apply to the court to prove it by any means of proof.”
A Muslim woman is not entitled to financial maintenance during her waiting period (iddah) if the marriage ends through Khula or the death of the husband. Article 101 (4) of the UAE Personal Status Law
“Maintenance and Housing for a Woman in Waiting Period
4. There is no maintenance for a woman in her waiting period after khula or death.”
A Muslim woman in a waiting period is entitled to reside in the marital home for the duration of her waiting period, unless it is unsuitable, in which case she is entitled to reside in a suitable home as stated in Article 101 of the UAE Personal Status Law, “In all cases stipulated in this Article, the woman in waiting period is entitled to reside in the marital home for the duration of her waiting period, unless it is unsuitable, in which case she is entitled to reside in a suitable home.”
Based on the aforementioned provisions of law, you as a Muslim woman in the UAE may initiate Khula if you intend to obtain divorce from your husband.
Moreover, you may register the case at the Family Guidance Section of the Personal Status Court of Dubai. Thereafter, there shall be a conciliatory process that serves as an opportunity for the parties to address their marital issues without legal representatives, and it may result in an amicable settlement, should both parties agree.
However, if reconciliation does not occur and divorce remains the chosen course, the conciliator may refer the matter to a judge of competent jurisdiction who shall determine the matter before him or her.
Also, you may consult a legal counsel in the UAE.
Courtesy: Khaleej Times
