The objective of the Close relatives Assistance Panel is to try and reunite the events before separating them under Content 98 of the Individual Position Law. The family guidance therapists are not lawfully qualified, but have encounter in arbitration and guidance.

For Muslims in the UAE, divorce is the closing of the legitimate agreement of wedding between the events. Splitting and divorce can be commenced by the partner, or by the partner if her partner gave her the right to do so (Isma’) in the wedding agreement. If the partner is not given the right to divorce the partner within her wedding agreement, she may still do so for factors of ‘harm’. The definition of injury is far reaching and includes the 7 grounds for divorce set out below.

There are 2 routes to obtain a divorce:

1. The first is by announcing the ‘Talaq’ (which means ‘I divorce you’ in Arabic). The partner (if she has ‘Isma’) must say or write ‘I divorce you’ or ‘Talaq’ in the presence of a observe. For Muslims, consistently this is a real way of divorce however, for the divorce to be lawfully recognized it should be registered with a legal assess, this allows documented proof of the divorce to be depended upon in the assess in the future. (Article 106 Individual Position Law states ‘divorce is considered legitimate when… the assess authenticates it’). If there is a argument as to whether the Talaq was noticeable, the observe would be able to give proof at assess. There are economical effects for a partner that begins divorce by announcing the Talaq without the approval of their partner.

2. The second way of obtaining divorce is by program to the assess (‘separation by way of a judgment’). The applicant will issue divorce and the events will be known to the Close relatives Assistance Panel, which forms part of a legal assess.

The objective of the Close relatives Assistance Panel is to try and reunite the events before separating them under Content 98 of the Individual Position Law. The family guidance therapists are not lawfully qualified, but have encounter in arbitration and guidance. They meet with both sides and if there cannot be getting back together, the matter is known to a assess. The assess will then choose whether there is a justification for the divorce. These include:

1. Splitting due to defects

a. Problems such as insanity, leprosy, impotence and venereal disease: A celebration can only rely on such ‘defects’ as a ground for divorce if they were not conscious of the problem right at that moment of wedding. It is possible for a legal assess to adjourn the situation for up to a season to determine whether the problem is capable of being ‘removed’ (Article 113 Individual Position Law).

b. Deceit: if there has been serious deception between the events during the formation of the wedding. Therefore, if one celebration would not have entered into the wedding agreement had they been conscious of the deception, they are qualified for use this as a basis for divorce (Article 114 Individual Position Law).

2. Splitting for non -payment of the current dowry (‘Mokadam’)

3. Splitting due to damage or conflicts. One partner has the right to ask for divorce if he or she is being injured by the other, and such damage makes it impossible for the events to live together (Article 117 Individual Position Law). In this situation, a legal assess may instruct two arbitrators to investigate the factors for the discord between the events and report on their behavior to a legal assess. A finding of fault on one celebration may have economical effects.

4. Splitting due to lack of economical assistance during the marriage: a partner is qualified for ask for divorce if a legal assess decides that the partner has funds to back up her but has failed to do so.

5. Splitting due to absence of one party: a partner may qualify for divorce if her partner has disappeared. However, the divorce verdict would not be noticeable until a season has passed from the date of her program for divorce, without the partner returning during now.

6. Splitting due to jail sentence: a partner is qualified for divorce if her partner is sentenced to more than 3 years in jail and right at that moment of the divorce he has been in jail for more than one season.

7. Splitting due to desertion (‘Hajr’): if the partner leaves family members house and does not return within 4 months of the partner’s request, she is qualified for divorce.

The patiently waiting interval (‘Eddah’) is an important concept within Islamic separations. This a 3 month interval that begins after the Talaq has been noticeable by a legal assess. If the partner is expecting, the patiently waiting interval does not conclude until after she has given birth. During the patiently waiting interval, the partner must stay single. The objective of the patiently waiting interval is to ensure that the partner is not expecting, but is also a moment interval of reflection for the events to determine whether there is a chance for getting back together. The partner provides expenses to the partner during the patiently waiting interval, regardless of who started the divorce proceedings.