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

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

Published: Sun 28 Apr 2024, 8:43 AM

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?

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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