Legal demanded strict controls for its approval

Plots, fabrications, and fabrications of stories to prove "harm divorce"

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Legal demands to set strict controls and standards to prove the negative harm of divorce between spouses.

They emphasized the monitoring of cases that included plots and fabrications and fabricating stories to prove the occurrence of harm, and then gain the legitimate rights resulting from that.

The state's courts witnessed several lawsuits filed by women seeking divorce due to harm, proof of custody of their children, and obligating their husbands to support, housing, and others.

They claim that the husband will not spend, verbally assaulted them, and doubted their behavior.

On the other hand, their wives' husbands have sued before the Sharia courts, demanding that they divorce them for harm, without bearing financial consequences, marital rights, the maintenance of pleasure or the rest of the dowry, or the maintenance of the waiting period.

They claimed multiple reasons for seeking divorce, such as infidelity, failure to obey the husband's orders, or the wife’s assault on him by verbal or beating.

In detail, the Federal Court rejected several lawsuits filed by husbands requesting divorce for harm, and affirmed that it is not permissible to file for divorce except when there is a reason to do so, such as the bad tenth of the husband.

The Ras Al-Khaimah Court also rejected the divorce of a man due to harm because he was unable to prove his claim, and because there was no gross harm that made it impossible for the couple to stay together.

The legal advisor, lawyer Youssef Al-Sharif, said that from the legal point of view divorce is in the husband’s hand, which is called conventionally the possession of the oath, and therefore the basic principle is that the husband inflicts the divorce himself without the need to file a lawsuit, except that the husband divorces his wife resulting in her entitlement to legal rights from Alimony, back dowry, pleasure allowance, waiting period, etc.

He added that «the husband resorted to the judiciary to request the divorce of the wife in many cases to drop the legal rights resulting from him, trying to prove the harm suffered by him.

This is embodied in the Federal Personal Status Law, which stipulates that each of the spouses has a request for divorce due to harm, with which it is not possible for the ten to last between them, and neither of them loses their right to that unless their reconciliation is proven.

Al-Sharif explained that "Islamic jurisprudence and state law permit the husband to request divorce on his behalf, if there is imminent harm to him in the event that he inflicts the divorce himself."

And he believed that this text deals with cases in which wives are quarrelsome, or do not want the continuation of the tenure with their husbands, and resort to circumvented means to force husbands to divorce them without forfeiting any of their rights.

He said: «We acknowledge that such cases are few, but they exist in society.

The general nature of the legal texts necessitated confronting all the cases that may occur so that marital relations do not continue to be shrouded by ill-tithe, just for the sake of blackmail, and to be keen to benefit as much as possible from that relationship even with its split.

He stressed that "the judge must verify that the harm invoked by the applicant for divorce has reached such a level of gravity and danger that it is no longer possible for him to continue marital life, as no harm is valid as an excuse to separate the relationship."

The lawyer and legal advisor, Ibrahim Al Hosani, said that any injured person has the right to terminate the contract, whether it is the husband or the wife, but the man’s request for divorce due to the harm is socially surprising, because he has the right to divorce with his tongue without resorting to the judiciary, so he is in his hands, and he can divorce whenever he wants.

He pointed out that it is known that the woman is the one who goes to court to seek divorce due to harm, but the man may be affected by the divorce and does not want to appear that he is the one who caused it, or in the collapse of the family, and he does not want to bear its consequences, such as the delay of friendship and other expenses.

Therefore, he also resorts to prove the damage in court.

He pointed out that “some wives assault their husbands by beating, insulting, insulting and insulting in front of others, and this is considered harm, and it has affected his dignity and honor,” adding that “the harm of a woman’s insult to a man is greater than the harm of a man’s insult to the woman, because the basic principle is that the woman is subordinate to him and not vice versa.”

This does not allow insulting and beating, but the harm that befalls a man from a woman has major consequences for the family.

He added that the man requests divorce due to harm in cases of marital infidelity, and if it is proven that she is negligent and refuses to give him his legal rights, or from breastfeeding his children.

In the event that I fail to do so, the man may request a divorce due to harm, while proving it before the court.

He added that the issue of harm cannot be limited to insulting and insulting, as the man may hit or insult the woman, but she is able to destroy all his property because she has his movable and immovable property in the home, and she may burn or destroy it.

Al-Hosani called for tight controls to prove the positive harm of divorce between spouses, so that the allegations are not malicious from both parties and ultimately lead to the collapse of the family.

The lawyer and legal advisor, Muhammad Al-Najjar, believed that the Emirati legislator did not differentiate between the two spouses in requesting a separation due to harm and disunity, as the Personal Status Law stipulated the right of the spouses to request divorce for the harm that makes it difficult for the two spouses to remain in favor.

He explained that «the goal of the man is to prove the wife’s recalcitrance, so that her rights are forfeited by him from alimony, several alimony and pleasure alimony, in addition to an appropriate allowance that she pays after the court determines it, and it is the husband’s right, according to the text of the Personal Status Law, which means that if the two judgments fail to Reform, and the abuse was all on the part of the wife, they decided to separate in exchange for a suitable allowance that they could appreciate, and the wife would pay. ”

For its part, the Federal Supreme Court affirmed in the merits of fault-based divorce cases, that “each spouse has the right to request divorce for the harm that makes it impossible for them to last for good, and neither of them loses their right to do so unless their reconciliation is proven, and that the Family Guidance Committee undertakes reform between The spouses, if she is unable to do so, the judge offers reconciliation to them, and if he is not able, and the harm is proven, then he decides to divorce.

If the damage is not proven, the case shall be dismissed.

Last October, the Personal Status Court in Ras al-Khaimah rejected the divorce of a Gulf man due to harm from his wife, for his inability to prove his claim and for the absence of gross harm that makes it impossible for the couple to stay together.

The man filed a lawsuit in which he stated that his wife did not respect him and attacked him by verbal abuse and insulted his family.

She also does not comply with his orders, and always leaves the house without his approval, and endangers the life of his daughter, as she goes out to another emirate despite the spread of the Corona virus.

The husband demanded his divorce due to harm, the withdrawal of the wife's rights arising from the marriage contract, and the dropping of her custody of her child.

However, the court rejected his request due to his inability to prove his case.

He was also unable to waive his wife's rights resulting from the marriage contract, and to drop her custody of her child.

She called on the spouses to preserve their married life and bring their viewpoints closer.

"Anyone harmed by marriage has the right to annul the contract ... but a man's request for a divorce due to harm is socially surprising."

"The husband sometimes resorts to the judiciary to request the wife's divorce, in order to waive the legal rights that result from him."

"Islamic jurisprudence and state law permit the husband to request divorce on his behalf, if there is imminent harm to him in the event that he inflicts the divorce himself."

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