05-05-2025
UAE: How Muslim Women Can File for Khula and Start Divorce Proceedings in Dubai
Question: How can a Muslim woman in Dubai initiate a divorce if her husband refuses to start the proceedings, and what are the legal requirements for Khula?
Answer: In Dubai, a Muslim woman who wishes to initiate a divorce can do so through the process of Khula, as outlined in the UAE's Personal Status Law. Khula allows a wife to seek divorce by offering compensation, usually the dowry, to her husband. According to Article 65 of the law, this separation occurs at the request of the wife and requires the husband's acceptance of the offered compensation. If the husband refuses the compensation without just cause, the court has the authority to enforce an appropriate amount.
The compensation must come from someone legally competent to provide it and cannot waive the children's rights, such as maintenance or custody, as stipulated in Article 66. Additionally, Khula is only valid if both spouses are mentally and legally competent, according to Article 67.
Once the compensation is agreed upon, Khula must be officially documented in court within 15 days, as per Article 68, and can be initiated through the Personal Status Court of Dubai. A conciliatory process follows, providing an opportunity for both parties to resolve the issue amicably. If reconciliation fails, the matter is referred to a judge for a final decision.
Importantly, the wife is not entitled to financial maintenance during her waiting period (iddah) after the divorce, but she is entitled to stay in the marital home unless it is deemed unsuitable. This is outlined in Article 101 of the law. Women seeking Khula in Dubai should consider consulting legal counsel to guide them through the process.
News Source: Khaleej Times
