The foreign wife obliged him to raise children according to her culture

A condition in the marriage contract forbids an Arab father to raise his children

• The wife insists on raising her children according to her culture.

  "Emoticon" via Getty Images

• Youssef Al-Sharif: “Marriage is about immunization and the establishment of a stable family, not the goal of obtaining a nationality.”

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An (Arab) husband reported that a dispute occurred between him and his foreign wife over how to raise their children, expressing his fear of losing their identity, as the wife insists on raising them according to her culture, according to the condition he agreed to in the marriage contract, wondering whether the law would be on his side if he resided Sued to overturn this requirement?

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

The questioner said that “under the circumstances of the crisis that his country has experienced during the past years, he immigrated with his family to a European country, where he was 23 years old, and now he is nearly 34 years old, and he worked in this country directly, and learned its language, and after two years, he met a girl, He is four years older than him, and he found her an opportunity to marry her, take the citizenship of the state, and shorten many of the procedures that were hindering his movement and comfort.”

He added that "his wife stipulated on him before marriage, and according to the contract that took place there, that if they have children, their mother has the right to raise them, take care of them, and teach them her culture, and he agreed to this condition," noting that he did not think at the time to have children from her, as his purpose of marriage was Obtaining citizenship and facilitating his affairs, but he had three sons with her, a daughter who is now six years old, and twins who are three years old.

He added that during the last period, he moved with his wife to live and work in the Emirates, and succeeded in the field of brokerage, while his wife worked in her field of specialization, adding that the problem now is that the differences with his wife continue over the way in which children are raised, and he feels that he is handcuffed in raising children. His sons were raised as he was raised, and he signed and agreed to her condition in the marriage contract from the beginning, wondering, “Is it possible to file a case to release him from this condition, and to take responsibility for raising his sons?”

For his part, Dr. Youssef Al-Sharif stressed that the husband should know that marriage is a Sunnah of life, that requires affection, mercy and tranquility, and not an interest in acquiring the nationality of a state, and certainly a woman can marry a man in order to feel safe and protected, and spend on her, and this is part of his legitimacy, But if the man takes refuge in the woman and her strength, then this is the opposite of the legitimate aim of marriage.

He pointed out that Article 19 of the UAE Personal Status Law states that “marriage is a contract that resolves the enjoyment of one spouse from the other legally. His goal is immunization, and the establishment of a stable family, and his goal is not to obtain a nationality or something else, although this is the right of the questioner, but it is not his goal, because as he saw with his own eyes, his life with his wife stabilized by childbearing, and he became almost forced to live with his wife, perhaps for this reason, or Because he is attached to her, and this is also his right.

With regard to the issue of the dispute over the method of raising children, which came late, Al-Sharif indicated that Article (20/1) of the same law in the first paragraph states that “husbands meet their conditions except for a condition that makes what is prohibited permissible or forbids what is permitted.”

Hence, if a dispute arises according to the context of the aforementioned article, the questioner may have the right to invalidate this condition, but the questioner must take into account that the wife can travel and take her children to her country, advising the questioner to try to gain his children, and teach them his approach and culture.

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