Abu Dhabi Court Issues Landmark First Civil Divorce Ruling for Muslim and Non-Muslim

Post by: Elena Malik

The Abu Dhabi Civil Family Court has made history with its first civil divorce case involving a Muslim and non-Muslim couple. The divorce, finalized in May, highlights Abu Dhabi's evolving legal framework under Law No. 14 of 2021, which allows for no-fault divorce, simplifying the process for spouses seeking separation.

The case involved a British national and his Australian Muslim ex-wife, who married in 2019 in Australia and later moved to the UAE. Despite objections from the wife, citing jurisdictional issues due to their residence in different emirates, Judge Abdelhafez Zidan granted the husband's petition for divorce.

Byron James, representing the husband, emphasized the ruling's significance in providing equitable legal recourse for expatriates, including foreign Muslims, in Abu Dhabi. He hailed the decision as setting a positive precedent and showcasing the UAE's commitment to modernizing its judicial processes to serve its diverse population.

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The judgment underscores the court's authority to handle personal status matters involving expatriates, even when both parties are Muslims, provided their home countries do not primarily apply Islamic law in such cases. It highlights the inclusivity of Abu Dhabi's civil family law, ensuring foreign Muslims can seek justice on par with other residents.

In addition to granting the divorce under Law No. 14, the court affirmed joint custody of the couple's child, adhering to provisions that prioritize the welfare of children in such proceedings.

"This ruling marks a watershed moment for foreign Muslims in the UAE," noted Mr. James, highlighting the decision's implications for legal inclusivity and equal rights under Abu Dhabi's progressive legal framework. He commended the emirate's commitment to adapting laws to reflect its multicultural society and provide robust support for residents.

Established in December 2021, the Civil Family Court forms part of Abu Dhabi's efforts to enhance legal services and support family welfare. Recent legislative reforms have aimed to ensure gender equality, streamline divorce procedures, and expand representation rights in courtrooms, reflecting the emirate's dedication to progressive legal practices.

This landmark decision follows earlier rulings that underscored the court's role in safeguarding parental rights and enhancing access to justice for residents, irrespective of nationality or faith. It highlights Abu Dhabi's strides towards a more inclusive legal system that meets the diverse needs of its population while upholding principles of justice and fairness.

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