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August 04, 2016
Question: Is the waiting period to remarry after a divorce always three months for a woman?
Answer: No. The waiting period could be extended for more than three months if the ex-wife is pregnant. Article 138/2 of UAE Federal Law No?28 of 2005, the Personal Status Law, states that, in the event of the woman being pregnant, the period can be extended until the baby is delivered. Additionally, if the husband were to die, either during the waiting period or before the divorce is finalised, the waiting period for a woman to remarry is four months and 10 days, even if she is not pregnant. It needs to be noted that if husband dies during the waiting period, the period that has already passed will not be adjusted from the four months and 10-day period, which will still have to be seen out before remarrying.
Question: I am a non-Muslim western woman married to a Muslim man. After we were married, my husband said that he does not want me to visit my family. He says that I am not allowed to do so under the law. Is this true?
Answer: This is not true. According to the Personal Status Law, it is your right to visit your family. Your husband cannot stop you from doing so.
If he continues to forbid you from visiting your family, you will then have the right to claim for a divorce from him on the grounds that your husband is not allowing you your legal rights as a wife.
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.