The Sharia Court in Fujairah ruled in favor of a woman (Arab) for a divorce (khula) from her husband (of the same nationality) and granted her custody of their children, obliging him to pay 23,000 dirhams. This amount includes monthly alimony, housing expenses, and costs for water, electricity, internet, furniture, and other expenses mandated by the court. The woman stated in her lawsuit that she feared she would not uphold God's limits with him.
In detail, the woman indicated in the lawsuit against her husband that she could no longer endure living with him due to his mistreatment since the beginning of their marriage, making life between them impossible and harmful to her. She expressed her desire to end the marital relationship due to their conflicting natures and psychological states. Because of this aversion, she sought to redeem herself by initiating a divorce and offered to return the dowry she received, waiving all her legal rights related to the deferred dowry, maintenance for the waiting period, and enjoyment.
During the proceedings, both the claimant and the husband attended court. The woman explained her request for a khula, stating she could no longer tolerate her husband, despised him, and feared she would not uphold God's limits with him. She insisted on seeking the divorce in exchange for waiving all her legal rights and the deferred dowry and requested the court for the khula.
The court offered mediation between the couple, which the woman rejected while the husband accepted, affirming in court that he wanted to maintain the relationship as he considered her his wife and the mother of his children. He added that he had lost his job and was currently in a difficult financial situation due to his work stoppage.
The Sharia Court mentioned that the Federal Personal Status Law stipulates that "khula is a contract between the spouses, where they agree to terminate the marriage in exchange for compensation paid by the wife or others." However, if the husband refuses spitefully, the judge has the authority to grant the divorce in exchange for appropriate compensation. The explanatory note to this article states that if the spouses are incompatible and believe they cannot fulfill each other's marital rights and material and moral obligations, Islam allows the wife to redeem herself from her husband's authority with compensation. If the husband refuses the khula, despite the wife's offering of compensation, the judge can ultimately decide on the khula between them.
The court ruled for the claimant's khula in exchange for waiving all her legal rights, issuing a minor separation that would not reinstate the husband to her except through a new marriage contract with a new dowry under Islamic terms. She is required to observe her waiting period appropriate to her circumstances following the ruling. The court also established her custody of their three children until her legal custodianship ends and ordered the husband to pay the claimant 23,200 dirhams, encompassing a monthly custody fee, monthly alimony, monthly marital maintenance, and annual housing expenses for custody, including water, electricity, internet, and one-time furnishing expenses.
