الإصدارات / قانون الأسرة

family law


May 18, 2017

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Does Saying 'I Divorce You' Count if I Said it While Drunk?

Question: I am a Muslim woman from Asia who was married to a fellow Muslim from the West. We divorced amicably but now we want to remarry. Is this possible in the UAE?

Answer: The answer is yes. If it is your first or second divorce from the same husband, you have the right to marry him again with a new marriage contract and with new Dowry, in accordance with article 104 and 108 of Law 28 of 2005, otherwise known as the Personal Status Law and its amendments.

Question: I was drunk one night and fighting with my wife when I told her "I divorce you". I'm a Muslim man from Asia and I wanted to know if this divorce is valid? Could I perhaps claim in court that when I said the word divorce, I was drunk and not conscious of what I was saying?

Answer: Even if you were drunk, your divorce would still be valid, as per Article 101 of Law 28 of 2005 and its amendments. It is important to note that in accordance with Article 62 of UAE Civil Procedure Law, the prosecution has the right to press charges against you for illegal consumption of alcohol, if you claim that you were under the influence of alcohol.

The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expatriate residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this link.

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