40% responded to the initiative ... and the rivalry is the biggest challenge in implementing Sharia rulings

"Dubai Courts" face intransigence in family cases with "electronic vision"

• The "family" legal issues are more complicated in the implementation process.

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• Judge Abdullah Al-Kaitoub: "Granting the execution judge the power to change the date and place of the vision contributed to achieving good results."

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The President of the Execution Court in Dubai Courts, Judge Abdullah Al-Ketoub, said that the court had initiated the implementation of electronic vision provisions since the beginning of the outbreak of the Corona pandemic, and the subsequent measures to restrict movement during the national sterilization program, to preserve the bonds of the relationship between those entitled to vision and their children, and in light of the intransigence of anyone The two parties to the family dispute, and the pandemic's exploitation of it to prevent the other party from seeing, pointing to the response of about 40% of husbands to the initiative.

In his interview with "Emirates Today", he asserted that the only challenge in implementing Sharia rulings - whether vision, alimony, custody or other things - is the rivalry or deep rivalry between the two parties, the wife and the husband, as the matter in many cases reaches the level of a desire to cause harm. To the other side, not just restoring rights, or implementing the ruling.

In detail, the President of the Dubai Execution Court, Judge Abdullah Al-Kaitoub, said that “family” legal issues are more complex in relation to the implementation process, given their sensitivity and complex nature in society, so they are dealt with with a great deal of balance in order not to widen the gap and increase the damage.

He added that the difficulty in implementing these provisions, especially those related to financial rights such as "expenditures", is not related to the existence of money or not, but is limited to the rivalry between the litigants. Some husbands who were loving yesterday, turn the dispute into enmity after separation, and none of them are satisfied. What is obtained even if the judgment is in his favor, as he always expects the most, and he is satisfied only by harming the other party, stressing the need to change this culture and realize that divorce or separation is not the end of the day, and there are children who must be taken into consideration and give priority to their interests.

He pointed out that there are problems related to the moral split in legal issues, such as the provisions of the vision, so we collide with some intransigence and deliberate evasion for not implementing the provisions of the vision, so the father goes, for example, to see his child, colliding with his absence at the time of the vision, or the other party's excuse that the child is sick, or He does not want to see his father, pointing out that the execution court is keen to intervene strictly as soon as it is ascertained that either of the parties is procrastinating.

He explained that the Settlements Division in the court resolved many of these disputes amicably, in order to preserve the stability of the relationship and reconcile the two parties, by establishing the principle of assimilation and accepting excuses, but there is a later stage in which the implementation is carried out by force of compulsion by the police personnel, when it is proven to the judge that one of the parties is intransigent and exhausted Peaceful ways and correspondence.

He emphasized that granting the execution judge the authority to change the date and place of vision according to the new regulation contributed to achieving good results that are primarily in the interest of the child in custody, and sometimes there is a problem in the place, such as the father being harassed if the vision is in the mother’s family home, or it was at a different date. Suitable for either party.

He pointed out that based on the judge's right to amend the dates and location of vision, the execution court initiated the activation of electronic vision in cooperation with the Community Development Authority, since the beginning of the Corona pandemic, after colliding with some intransigence and not allowing the father to see his children, on the grounds of fear of infection or conditions of restriction of movement. At the beginning of the pandemic spread, pointing out that about 40% responded to the e-vision initiative.

On the mechanism for verifying the husband's insolvency in alimony cases, the ketob said that there is a specific mechanism applied by the enforcement court to verify insolvency in all financial rulings, which is to address all relevant authorities, especially the banks, because the salary is transferred to it in the event that the perpetrator is an employee. Checking them regarding non-employee balances as well, in addition to the Land Department to inquire about his real estate properties, the Roads and Transport Authority, the Financial Market, and other entities that can be reached before declaring the person insolvent.

He added that this type of case is dealt with sensitively, so procedures such as imprisonment are not resorted to except in certain circumstances when it is proven that the father's intention is to refrain from paying, because the imprisonment of the father increases the complexity of the problem and it is not in the interest of his children, so the man cannot pay their expenses from his imprisonment. Other solutions are resorted to, such as in installments.

He pointed out that the court cannot deduct more than a quarter of the salary in favor of the executor - according to the law - and the execution judges are keen to balance these matters after studying the file and the conditions of the executor against him well, and if debts are crowded against him, priority is given to the debts of legal alimony in consideration for the interest of the children, stressing that In the end, the goal is to achieve harmony, not to cause another problem.

He explained that the problem is sometimes in the other party (the executor) when it is ascertained that the executor against him is unable to pay the full amount of the alimony, so the court resort to solutions such as dividing the amount, but the wife - for example - requests his imprisonment, and insists on that, confirming that she does not care about money The extent of abuse, which is a matter that cannot be executed by the court as long as the husband is proven insolvent or his willingness to pay what is available to him is confirmed.

The ketube emphasized that the expenditure guideline recently approved by the Dubai Courts would help the trial judge to estimate the size of the alimony in proportion to the financial situation of the spouses, and solve many disputes over these matters.

• The Settlements Division in the court has resolved many disputes amicably.

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