ALL >> Legal >> View Article
Different Facet Of Child Custody Laws In The Uae

The dissolution of marriage is a legal procedure that may not coincide with the emotional tearing apart. Divorce is typically a painful process for most couples. While it can take adults time to regain psychologically, one needs to stay prepared for fighting a battle for the custody of the child/children. Different jurisdictions have different solutions to the issue; let us learn more about child custody laws in the UAE according to Sharia.
If you come across a child custody dispute, you should be familiar with the basic aspects of child custody laws in the UAE and have an understanding of how the process works. Unless you fully understand, keep in touch with a qualified child custody attorney who is good in family law. The most important aspect of dissolution of marriage or divorce is the custody of the children. Many couples brawl over the custody of their children after divorce. However, according to UAE Sharia Law, upon separation of the spouses, the mother is the one who is mostly granted the custody of the child if she is fit to as per condition set by law.
Conditions of Custody Eligibility Article 143 of ...
... UAE Personal Status Law specified general conditions the custodian needs to fulfill, whether male or female listed as follows:
Being of sound mind, honest, capable of raising the child, matured adult, caring for and attending to the child under custody, free of serious infectious disease, and should not be sentenced to an honor crime.
The aforementioned conditions, therefore, indicate that child custody will not be granted to:
• If the person’s sickness renders him/her incapable of taking care of the child, or is too old to manage the child's personal affairs, or has an infectious disease, that would affect the child under custody.
• If the person is sentenced with a serious crime; for example, rape, immorality and adulterous.
• If the person is mad or insane and needs a guardian to protect and care for them, are not eligible to be guardian of others.
Article 1/144 of Personal Status Law indicated two additional conditions a woman must achieve be eligible of custody, which are:
First Condition: Not having a spouse alien to the child custody who consummated their marriage, unless the court ruled against that for the best interests of the child under custody. This is because an alien spouse mostly hates his wife's child. Similarly, the article does not indicate whether a custodian must be a mother or not.
Second Condition: To have the same religion of the child, unless the court rules against that for best interests of the child under custody, on a condition that custody period shall not exceed five years, whether the child is male or female.
The second clause of Article 144 indicates three additional conditions a man must achieve in order to be granted child custody, and they are as follows:
1. To have a woman fit to be guardian of the child.
2. To have similar religion of that of the child.
3. To be Muhrem to the child if the child is female.
For more information visit: http://professionallawyer.me/
After qualifying as a lawyer within the fields of Criminal and Public Law, Dr. Hassan Mohsen Elhais has been practicing as a Legal Consultant in Dubai since 2006. Working exclusively with Awatif Mohammad Shoqi Advocates & Legal Consultancy, Dr. Hassan has a strong ethical stance with regards to the place of the law firm, from clarity on the legal process through to the fee system.
Add Comment
Legal Articles
1. Can You Face Jail Time For Breaching An Avo In Nsw?Author: Justice Family Lawyers
2. Fast Mofa Attestation In Dubai, Uae: Simplifying Your Document Verification
Author: Prime Global
3. How To Check Absconding Status In The Uae: A Complete Guide
Author: The Law Reporters
4. Australian Certificate Attestation In Abu Dhabi, Uae: A Complete Guide
Author: Prime Global
5. What To Look For In An Ri Dui Lawyer: Key Questions Before Hiring
Author: Law Office of John R. Grasso
6. How A South Jersey Construction Lawyer Can Save You Thousands
Author: Robert J. Incollingo
7. Comprehensive Certificate Attestation Services In The Abu Dhabi, Uae
Author: Prime Global
8. Understanding The Us Green Card Process: A Beginner’s Guide
Author: Berd & Klauss, PLLC
9. Wichita Personal Injury Lawyers Helping Kansans Rebuild Lives After Serious Accidents
Author: John Smith
10. Eden Rafferty Wins Big In Worcester Personal Injury Cases
Author: John Smith
11. Comprehensive Apostille Services In Abu Dhabi, Uae For All Your Documents
Author: Prime Global
12. Accident Claims Procedure In India: A Step-by-step Guide
Author: RK Associates
13. Holiday Drunk Driving Puts Motorcyclists At Serious Risk
Author: Peter Coles
14. Mastering Certificate Attestation And Dependent Visas In The Uae
Author: Prime Global
15. ثبت تغییرات در شرکت سهامی خاص| مراحل، هزینهها و نکات مهم
Author: حسن تیربخش






