The Supreme Federal Council rejects the divorce of a mother of 8 children due to lack of proven harm

The Federal Supreme Court overturned a ruling that ordered the divorce of a wife, and confirmed in the merits that the ruling took into account the two incorrect rulings that violated the provisions of Islamic Sharia and the law, and that decided separation without any evidence and with no evidence of harm, or the continuity of good treatment between them, or discord in its legal sense, with the absence of evidence of harm to the wife. Except the messenger’s mere saying.

In the details, a woman filed a lawsuit against her husband, demanding a divorce due to harm, along with custody of her eight children, and to oblige the defendant to pay the deferred dowry, expenses, and related expenses for her and the children, and to prepare a custodial residence for the custodial plaintiff, along with the maid, and school fees.

The court offered reconciliation to the spouses, but the husband agreed and the wife refused, and the court was unable to convince her to reconcile. Then the court of first instance assigned two arbitrators who submitted their report in which they decided that reconciliation was impossible while recommending separation.

The court of first instance ruled to separate the spouses, prove the plaintiff’s custody of the children, and oblige the husband to pay 40,000 dirhams in deferred dowry, expenses and related expenses for her and the children, and the nursery housing allowance.

Then the Court of Appeal amended the ruling, and made the current marital residence a residence for custody while the ruling proceeded with divorce and expenses and its consequences. The husband was not satisfied with the ruling, so he appealed it on the basis that the ruling decided to take into account the invalid report of the two arbitrators, who decided to separate without a legal reason, without proven harm to the wife, and the absence of a legal and rational justification for the divorce. The husband held on to his family and his wife.

The Federal Supreme Court upheld the appeal, explaining that the contested ruling took into account the two incorrect rulings that contravened the provisions of Islamic Sharia and the law, and that decided separation without any evidence, and with no evidence of harm, or the continuity of fair treatment between them, or discord in its legal sense, with the absence of evidence of harm to the wife, other than her transmitted statement, devoid of any evidence. The evidence is that he made a mistake in understanding the reality and appreciating the evidence and based his judgment on reasons that were not sufficient to support him, which led him to violate the provisions of the noble Islamic Sharia and the law, which necessitates Overturning it regarding divorce and its consequences, with a response.