NEW UAE FAMILY LAW

UNCLAS ABU DHABI 003160

SIPDIS

SENSITIVE

STATE FOR DRL, G/IWI, NEA/ARPI, NEA/PI, AND NEA/PPD

E.O. 12958: N/A
TAGS: PGOV PHUM KDEM KWMN TC
SUBJECT: NEW UAE FAMILY LAW



1. (U) ON JULY 11, THE FEDERAL CABINET APPROVED A PERSONAL
STATUS LAW COVERING MARRIAGE, LEGAL COMPETENCE, GUARDIANSHIP,
WILLS, INHERITANCE, AND ENDOWMENT. SIGNIFICANTLY, THE NEW
DRAFT LAW GRANTS UAE WOMEN THE RIGHT TO DIVORCE THEIR HUSBANDS.
CURRENTLY A WOMAN CAN SEEK DIVORCE THROUGH COURTS, BUT CAN ONLY
OBTAIN IT WITH HER HUSBAND'S APPROVAL. WOMEN REQUESTING
DIVORCE WOULD BE REQUIRED TO PETITION THE SHARI'A COURT AND PAY
COMPENSATION (OR RETURN THE DOWRY) TO THEIR HUSBANDS.


2. (U) ACCORDING TO THE DRAFT LAW, A WIFE COULD ASK FOR A
"KHULO" DIVORCE ("KHULO" IS THE ISLAMIC TERM FOR A DIVORCE
GRANTED AT THE REQUEST OF THE WIFE, WITHOUT APPROVAL FROM THE
HUSBAND; IT IS PERMITTED IN SOME ISLAMIC COUNTRIES BUT SO FAR
NOT IN THE UAE OR ANYWHERE IN THE GULF) ON A WIDE VARIETY OF
GROUNDS, INCLUDING DOMESTIC VIOLENCE AND PROLONGED ABSENCE OF
THE HUSBAND. IN ADDITION, THE LAW WOULD ALLOW A WOMAN TO
DIVORCE HER HUSBAND IF HE IS SERVING A PRISON SENTENCE OF THREE
OR MORE YEARS. (NOTE: THIS WOULD APPLY ONLY IF THE HUSBAND HAD
ALREADY SERVED AT LEAST ONE YEAR OF HIS PRISON SENTENCE.) THE
APPROVED DRAFT LAW PROVIDES FOR THE CREATION OF FAMILY GUIDANCE
COMMITTEES IN SHARI'A COURTS. PERSONAL STATUS CASES, INCLUDING
DIVORCE CASES, WILL NOT BE ACCEPTED BY THE COURTS UNLESS THEY
HAVE FIRST PASSED THROUGH THE FAMILY GUIDANCE OFFICES.


3. (U) ACCORDING TO PRESS REPORTS, OFFICIAL AND PUBLIC REACTION
TO THE LAW WAS GENERALLY SUPPORTIVE BECAUSE THEY BELIEVE THE
LAW GIVES WOMEN THE FREEDOM TO END UNHAPPY MARRIAGES. HOWEVER,
SOME WERE CONCERNED THAT SUCH RIGHTS COULD BE ABUSED. THE HEAD
OF DUBAI WOMEN'S ASSOCIATION RESEARCH CENTER SAID THAT THE LAW
WOULD PLAY AN IMPORTANT ROLE IN MINIMIZING DOMESTIC VIOLENCE.
A JUDGE AT ABU DHABI SHARI'A COURT ADVISED WOMEN TO FOLLOW
JUDICIAL CHANNELS BEFORE DECIDING TO RELINQUISH SOME OF THEIR
MATERIAL RIGHTS. SOME OF THE LAWYERS WHO HAD PROVIDED INPUT TO
THE DRAFT LAW REGARD THE CUSTODY PROVISIONS AS UNFAIR TO WOMEN.
THEY MAINTAIN THAT UNDER THE NEW LAW, A MOTHER AUTOMATICALLY
LOSES CUSTODY OF HER DAUGHTERS THE DAY THEY TURN 13 (AT THAT
POINT THEY PASS INTO THE CUSTODY OF THEIR FATHERS.)


4. (U) THE DRAFT BILL WAS PREPARED BY THE "LEGISLATION AND
FATWA" COMMITTEE, HEADED BY AHMED AL-KUBEISI, A PROMINENT DUBAI-
BASED IRAQI ISLAMIC COMMENTATOR WHO APPEARS REGULARLY ON TV
HERE. THE GENERAL WOMEN'S UNION REVIEWED THE BILL AND PROVIDED
RECOMMENDATIONS. THE DRAFT WOULD NEED SUPREME RULING COUNCIL
APPROVAL BEFORE IT IS ENACTED.


5. (SBU) COMMENT: THE NEW DIVORCE PROVISION EMPOWERS UAE WOMEN,
ALTHOUGH IT IS STILL UNCLEAR WHETHER THE FINANCIAL LOSSES THAT
WOMEN COULD FACE WHEN DIVORCING THEIR HUSBANDS MIGHT IN SOME
CASES OUTWEIGH THE DECISION TO DIVORCE. END COMMENT.

SISON