Jurists reported, one year after the amendments to the Personal Status Law, that amending Articles (118) and (120) of the law gave the judge the authority to reject a divorce lawsuit based on flimsy reasons, if the wife was unable to prove the serious harm inflicted on her by the husband, which It led to a decrease in divorce cases for simple or temporary reasons.
They expected an increase in the number of criminal cases filed by wives to prove harm caused to them, and a decrease in divorce certificates due to the difficulty of obtaining them, pointing out that the Emirate of Fujairah recorded 199 divorce cases last year, according to the Fujairah Statistics Center through its annual statistical book.
Legal experts believe it is necessary to facilitate khul’ procedures for wives whose divorce claims were rejected due to harm, by making the khul’ procedure not dependent on the husband’s approval, while restricting the wife’s claims to support the children and provide housing in proportion to the husband’s salary without burdening him, so that the children can have a family life free of problems. Which may negatively affect their upbringing, is the ideal solution.
Lawyer and legal advisor, Hamid Darwish, said that the most important provisions of the amendment were to allow the judge to reject the divorce lawsuit if he did not prove any real harm to the wife. If the dispute continues between the spouses, and one of the spouses files a divorce lawsuit for the second time, the judge appoints two arbitrators to hear the dispute. And try to reform or rule it.
He pointed out that rejecting a divorce lawsuit due to harm may exacerbate problems between spouses, especially if the husband continues to harm the wife, causing her to file more cases against him to obtain a divorce.
Darwish explained that provisions in the Personal Status Law were amended during the past year to reduce the number of divorces on false grounds, and Article (118) specifies cases of damage claims, as it stipulates that “if the damage is not proven, the case shall be rejected, and if the discord between the spouses continues, The aggrieved party may file a new lawsuit. If the Family Orientation Committee and the judge are unable to reconcile between them, the judge shall appoint an arbitrator, two arbitrators from their families if possible, after assigning each of the spouses to name his family’s arbitrator as much as possible in the next session. At most, otherwise someone who has experience and the ability to make amends will be appointed. If one of the spouses fails to name his ruling, or fails to attend this session, this ruling will not be subject to appeal.”
Darwish pointed out that if the discord between the spouses continues, and the wife files a lawsuit for the second time, she is referred to the two arbitrators to issue a divorce in accordance with the provisions of Islamic Sharia, noting that Article (122) stipulates: “In a lawsuit for divorce due to harm, the harm is proven by Sharia methods of proof. By judicial rulings issued against one of the spouses, testimony is accepted by hearsay if the witness interprets or understands from his words harm to the life of the spouses as decided by the court. Testimony by hearsay is not accepted to deny Harm, and the testimony of a witness, whether male or female, is accepted, except for the original for the branch and the branch for the original, as long as the witness meets the conditions for testimony according to Sharia law.”
He believes that by amending the Personal Status Law, the ruling on divorce has become more fair, especially since during the previous years some wives were filing a lawsuit for divorce due to harm for reasons that may be classified as simple, almost trivial, indicating that the new procedures are through which the real reasons are determined from others, explaining that The amendments made it difficult for spouses to obtain a divorce if the reasons were not convincing.
Darwish continued that some women create problems in order for the husband to assault her, to prove the harm with medical reports or to obtain witnesses, calling for the need to consider amendments to the law in all its aspects, and to reconsider the issue of divorce without restriction, that is, without the husband’s consent, especially in cases of divorce. The wife’s alienation from her husband. The difficulty of the decision to divorce due to harm must be matched by facilitations in divorce, so that the children can have a family life free of problems that may negatively affect their upbringing.
For his part, the lawyer and legal advisor, Rashid Al-Hafiti, attributed the increase in the number of cases filed by wives to the new status law, which forces the wife to repeat the lawsuit in order to prove her harm, and obtain a divorce if the first lawsuit is rejected, indicating that the wife has now filed more than two cases, To prove the damage in the criminal courts or elsewhere, in line with the new law, while previously she was filing a single divorce lawsuit.
He added that in some cases, the divorce lawsuit is rejected because the harm is not proven, and it leads to a rift between the spouses, to the point that wives refuse to enter into obedience to the husband, which causes the husband to file a disobedience suit to revoke the wife’s rights.
Al-Hafiti pointed out that the law aims to reduce divorce cases due to harm and stabilize families, and it was not intended to increase the procedures followed in order to obtain a divorce, such as filing more than one case between spouses, exposing family secrets, whether from the husband or wife, and proving them in criminal cases. Or other.
The lawyer and legal advisor, Saud Muhammad, called for facilitating divorce procedures for wives whose divorce lawsuits were rejected due to harm, while restricting the wife’s claims for child support and providing housing in proportion to the husband’s salary. He explained that the amendments to the Personal Status Law gave the judge the authority to reject the divorce lawsuit, if she is unable to do so. The wife is unable to prove the harm inflicted on her by the husband, which prompted wives to file criminal cases and expose their family life in order to obtain a divorce. He pointed out that if the first divorce lawsuit is rejected, the option is open to the spouses, and this will be a harsh lesson and a warning that their lives need to study the causes of these problems existing between them, especially since the divorce lawsuit is going through procedures, the first of which is family reconciliation and referral to court, and thirdly before the two arbitrators. Finally, before the judge after completing the two referees’ reports.
Muhammad emphasized that when some spouses reject a divorce lawsuit, their problems worsen, even though they have gone through family reconciliation, stressing that the longer the conflict between the spouses lasts, the more issues between them, pointing out that the legal amendments will not lead to a decrease in divorce cases, despite the tightening of the texts. In it.
The legal advisor, lawyer Asawir Al-Mansouri, said that the family is the nucleus of society, which is made good by its goodness and corrupted by its corruption. Islamic law pays great attention to the marital relationship, because the spouses are the pillar of every family, and the origin from which the branches branch, so if each of them preserves the rights of the other, the blessing sought from marriage will be achieved. .
She emphasized that the amendments to the Personal Status Law contributed to preventing divorce for temporary and weak reasons, such as anger that may end a marriage that has lasted several years, calling for intensifying training courses for those about to marry, to qualify and educate them about rights and duties, and to provide psychological support, in preparation for entering a new life, which contributes to reducing the risk of marriage. Divorce, praising what the state is doing in forcing those about to get married to attend training courses, informing them of their rights psychologically, physically, and economically, but some of them He underestimates these courses that open his perceptions to a new life.
The state courts rejected a number of lawsuits in which wives requested divorce for simple reasons, such as a Gulf woman who wanted a divorce because her husband did not sit at home and devote himself to her, and spend his time at work and with his friends.
When the judicial panel asked her about the harm her husband was causing her, she said: “He does not sit at home, and we only see him and his children at small times, and she needs his presence to help her raise the children.”
Proof of damage
Citizen Umm Fahd told Emirates Al-Youm that she was forced to file a criminal case, after the court rejected a lawsuit she filed for divorce due to harm, as a result of her inability to bring witnesses to the harm inflicted on her by her husband, and the court obligated her to enter into obedience to her husband.
She indicated that she submitted to the criminal court pictures of conversations via WhatsApp, in which she proved her constant harm from her husband, by cursing and insulting her, and calling her obscene words that diminished her respect, confirming that she obtained a criminal ruling against her husband, which she presented as evidence in a divorce suit for harm that she filed for the first time. The second is to get a divorce.
A Gulf woman reported that her husband was overcome with suspicion and bad suspicions, and accused her all the time of being a dishonest woman. When she filed a divorce suit for harm, it was rejected, but she was able to obtain a divorce after her husband filed a criminal case against her, accusing her of betraying marital life, through… Phone calls, got an acquittal.
She explained that she proved her harm through the acquittal ruling, and that she suffers all the time from his doubts and the distortion of her reputation in front of her children by accusing her of marital infidelity.
199
A case of divorce recorded in the Emirate of Fujairah during the past year.
– Wives create problems to push their husbands to assault them in order to prove the harm in an official report.
