The first civil divorce case at Abu Dhabi Civil Family Court between a Muslim and non-Muslim has taken place.
While the judgment was made in May, details are only beginning to emerge of the case in which a non-Muslim from the UK was granted a no-fault divorce from his Muslim ex-wife from Australia.
The couple had married in 2019 in Australia before later moving to live in the UAE.
After their relationship had deteriorated, the husband filed for a no-fault divorce under Abu Dhabi’s Law No. 14 of 2021, which governs civil marriages and their dissolution.
This law permits a spouse to "unilaterally request a divorce without the need to prove fault or assign blame".
The husband's request for a divorce was granted by Judge Abdelhafez Zidan, despite the protestations of the wife in the case.
She had argued that previous rulings and their residence in different emirates should disqualify the case from being heard in Abu Dhabi.
"[The ruling] reflects a deep commitment to justice and equity, ensuring that expatriates, including foreign Muslims, have access to fair and impartial legal recourse," said Byron James, partner at Expatriate Law and the lawyer for the man who brought the case forward.
"The ruling not only provides justice to my client but also sets a positive precedent for the future.
"The UAE's legal framework, particularly the civil marriage and divorce laws, showcases the country's dedication to adapting and modernising its judicial processes to serve its diverse population.”
The court's decision underscores its authority to handle personal status matters involving expatriates, even when both parties are Muslims, provided their home countries do not primarily apply Islamic law to such issues.
The court granted the divorce under the provisions of Law No. 14 of 2021, which allows for the dissolution of marriage based solely on one spouse's declaration of their desire to end the relationship.
This approach eliminates the need for contentious proof of harm or fault, simplifying the divorce process.
In addition to the divorce, the court affirmed joint custody of the couple's child in accordance with Article 26 of the same law.
Watershed judgment
“This ruling is a watershed moment for foreign Muslims living in the UAE, illustrating several critical points," said Mr James.
"The decision assures foreign Muslims that they can seek and obtain justice in Abu Dhabi’s civil courts for personal status matters, enjoying the same legal protections and considerations as other expatriates and citizens.
"By clarifying that Abu Dhabi’s civil family law can apply to expatriates of Muslim faith, the ruling broadens the scope of legal inclusivity in the UAE, accommodating its diverse expatriate population."
The judgment highlights Abu Dhabi’s progressive approach to law, one that is adaptable and inclusive, reflecting the emirate’s commitment to serving its multicultural residents, he added.
The Civil Family Court opened in December 2021 at the Abu Dhabi Judicial Department. It is part of new legislation to better support residents in the emirate.
The new family law includes equal legal rights for men and women, joint custody and the expediting of divorce procedures.
In February, an Australian Muslim living in the UAE was reunited with his two daughters after a prolonged legal battle.
In the landmark ruling by Abu Dhabi Civil Family Court, a non-Emirati Muslim father was granted full custody of his children, with the mother receiving only visiting rights.
The court was again in the headlines last month when it was declared that non-Emirati lawyers would be able to represent clients there.
Previously, it was only Emirati lawyers who could operate in the country's courtrooms.
The new ruling applied only to the new Civil Family Court.
