Legal: It is not permissible to propose to a woman who is observing the iddat

A woman in the “Idda” is confused between her ex-husband and her fiancé

• Youssef Al-Sharif: “If the woman was harmed by her ex-husband, and she fears that he will return her to his custody before the end of the waiting period, then she can file a divorce suit for the harm.”

picture

The legal advisor, Dr. Youssef Al-Sharif, confirmed that it is not permissible to betrothed to a woman who is observing a revocable divorce, by virtue of Sharia and law, as the divorced one can return her to his custody again during the waiting period, according to what is stipulated in the Personal Status Law.

This came as part of legal awareness sessions, presented by Al-Sharif, through "Emirates Today", to shed light on the Personal Status Law and its new articles.

In the episode, Al-Sharif presented the story of a girl (an Arab - 23 years old), who finally divorced from her husband, who is three years older than her.

The questioner said that "her family and her husband's family have lived in the UAE for more than 25 years, and that she was born in the country, and she was recently divorced from her husband, and she did not give birth to him, and in the meantime, a friend of hers came to her at work, as soon as he learned of her divorce."

She confirmed that her boyfriend is a respectable person, and their relationship was mutual respect, and he had never hinted to her, and did not go beyond his limits with her, and now he wants to marry her, and that she told him to wait until the waiting period ends, so he asked her to be engaged until the waiting period ended.

And she added that he had already attended with his family, and they asked for her hand from her parents, and they read Al-Fatihah, and the promise of marriage was made after the end of the waiting period, but there was a surprise that she did not expect, as her ex-husband attended with his parents, and expressed his desire to return her to his custody, noting that she rejected his request, and finds that Her new fiancé is better than him, as her ex-husband is miserly and does not give her attention.

She added that her ex-husband promised to return her from his side to his responsibility without the need for her consent, wondering if this was true, and how she behaved with the person who recited Al-Fatihah with her family.

For his part, Dr. Youssef Al-Sharif said that the divorced woman can return her to his custody, as long as she is in the waiting period of a retroactive divorce, so he called her retroactive. It means that it is not permissible to expose the engagement completely, in terms of Sharia, and therefore the UAE law went to “prevent the betrothal of a forbidden woman, even if the prohibition is temporary, and it is permissible to be exposed to a sermon in the iddah of death,” and this is the content of the text of Article (17/2) of the Personal Status Law.

Al-Sharif added that if the questioner was hurt by her relationship with her ex-husband, and she fears that he will return her to his custody before the end of the waiting period, then she can file a divorce case for the harm, and the court will release her from him if the harm is proven, hoping that her desire to divorce is not due to her desire to relate to the other person, because This is the prohibition stipulated in the legal ruling, and the basis for the prohibition of such behavior.

Follow our latest local and sports news and the latest political and economic developments via Google news