United Arab Emirates: Divorce procedures, in particular whether a foreign born woman of Iranian origin can ask for a divorce; custody of a female child

According to an official at the Embassy of the United Arab Emirates (UAE) in Ottawa, the UAE follows Shari'a in cases of divorce (5 July 2000). A woman can ask for divorce before a Shari'a Court in the UAE under circumstances such as physical abuse or violence by the husband, of his inability to financially provide for her and the children. The Shari'a Court would not take into consideration the fact that the foreign born woman is of Iranian descent, only the fact that she is Muslim would be relevant for the Court. However, if the woman has no legal status in the UAE, for example is without a residence permit, the Shari'a Court would not hear the case.

The mother would not be able to exit the country with the child without the written consent of the father. Leaving the country illegally with the child would be considered kidnapping (ibid.). According to International Parental Child Abduction: United Arab Emirates, a document produce by the Office of Children's Issues, a branch of the U.S. Department of State, "even when custody is not an issue, the father can request that the court restrict the travel of his minor children, and immigration authorities will enforce these regulations" (Oct. 1999).

In An Islamic Perspective on Divorce in Islam, the Muslim Women's League of America commented that 

The divorce initiated by the wife is known as khu (if the husband is not at fault) and entails the wife giving her dowry to end the marriage because she is the "contract" breaker. In the instance of talaq where the husband is the "contract" breaker, he must pay the dowry in full in cases where all or part of it was deferred.

In the case that the husband is at fault and the woman is interested in divorce, she can petition a judge for divorce, with cause. She would be required to offer proof that her husband had not fulfilled his responsibilities. The judge would make that determination based on the facts of the case and the law of the land. It the woman had specified certain conditions in her marriage contract, which were not met by the husband, she could obtain a conditional divorce (May 1999).

Specific information on the custody of female children in a divorce in the United Arab Emirates could not be found among the sources consulted by the Research Directorate.

The Consular Information Sheet:United Arab Emirates provided by the U.S. Department of State indicates that decisions regarding child custody are based on Islamic law (28 Apr. 1998). It adds that in cases of children with dual citizenship

Custody cases are complex and involve the court's consideration of parents' religion, place of permanent residence, income, and the mother's subsequent marital status. Children involved in custody disputes in local courts are generally subject to travel bans regardless of their nationality (ibid.).

An article published in the Arab Law Quarterly entitled "The Concept of Custody in Islamic Law" state that "[Islamic] jurists unanimously agree that so long as she is qualified, the mother will have the first claim to the hadanah [custody] of her child" (1998,159). The article adds that

Another reason to give priority to the mother, especially for the small infant, is due to the fact that only the mother, and not the father, is physically able to breastfeed her baby. This is important for the interest of the child as it is scientifically proven that a mother's milk is the best milk for a child. Furthermore, the fact that the mother has more right to the kind treatment of her child above all other people, including the father, might also be an analogy to the prior right of the mother in the case of hadanah (ibid.  160).

Commenting on the issue, the Muslim League of America pointed out

Various laws regarding custody of the children have been legislated by a few of the jurists. Some jurists have stipulated that custody of the child is awarded to the mother if the child is under a certain age and to the father if the child is older. There is no Qur'anic text to substantiate the arbitrary choosing of age as a determinant for custody (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Arab Law Quarterly [London]. 1998. Zahraa, Mahdi and Malek, Normi. Vol. 13, Part 2. "The Concept of Custody in Islamic Law".

Embassy of the United Arab Emirates (UAE), Ottawa. 5 July 2000. Telephone interview with official.

Muslim Women's League. May 1999. An Islamic Perspective on Divorce in Islam. < http://www.mwlusa.org/pub_divorce.html > [Accessed 7 July 2000]

U.S. Department of State Travel Information. 28 April 1998. Consular Information Sheet: United Arab Emirates. < http://www.nsi.org/Travel/united-arab-emirates.txt > [Accessed 7 July 2000]

U.S. Department of State, the Office of Children's Issues, Washington. October 1999. International Parental Child Abduction: United Arab Emirates. < http://www. travel.state.gov/abduction_uae.html > [Accessed 7 July 2000]

Additional Sources Consulted

Jeune Afrique [Paris]. 1998-2000

Keesing's Record of World Events [Cambridge]. 1998-2000

La Lettre heddomadaire de la FIDH [Paris]. 1998-2000

Al-Raida [Beirut]. 1996-1998.

The Daily Star [Beirut]. 1998-2000.

The Middle East [London] 1997-2000

L'Orient-le-Jour [Beirut]. 1998-2000

Les Cahiers de l'Orient [Paris]. 1999-2000

IRB Databases

World News Connections (WNC)

WIN News [Lexington, Mass.]. 1997-1999.

Afshar, Haleh [...et al]. 1993. Women in the Middle East: Perceptions, Realities and Struggles for Liberation. New York, NY: St. Martin's Press.

Nasir, Jamal. 1990. Status of Women Under Islamic Law and Under Modern Islamic Legislation. London: Graham & Trotman.

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