Personal Status Cassation Judgment: Divorce by Khul' and the Husband's Obstinacy

Judgment summary

The Federal Supreme Court reviewed a personal status case where a wife sought a divorce by 'khul',' citing harm and fearing she could not uphold her marital duties. Lower courts had dismissed her claim. The wife appealed to the Supreme Court, arguing the husband was obstinate, abusive, and neglectful, and that the lower courts failed to consider the irretrievable breakdown of the marriage. The Supreme Court found that Islamic law and UAE Personal Status Law grant a wife the right to khul' if she dislikes her husband, even without proving specific harm. If the husband obstinately refuses compensation, the court is empowered to grant the divorce for a suitable amount. The court determined the lower rulings were flawed in their reasoning and failed to properly assess the evidence of discord and the husband's obstinacy. Consequently, the judgment was overturned and the case was remanded for re-examination.