Court rules on domestic discipline



ABU DHABI // A man has the right to discipline his wife and children provided he does not leave physical marks, the Federal Supreme Court has ruled.
The judgment was made in the case of a man who slapped and kicked his daughter and slapped his wife.
The wife suffered injuries to her lower lip and teeth, and the daughter had bruises on her right hand and right knee. The court ruled that the bruises were evidence that the father had abused his Sharia right.
According to Islamic law, a man has the "right to discipline" his wife and children, which can include beating them after he has exhausted two other options: admonition and then abstaining from sleeping with his wife. Although scholars differ in their definition of "beating", all agree it must not be severe.
In the case of the wife, it was the degree of severity that put the man in breach of the law. The daughter, however, was 23, and therefore too old to be disciplined by her father.
He claimed he did not mean to harm either of them, and had hit his wife by mistake while trying to discipline his daughter.
Sharjah Court of First Instance fined the father Dh500 for abuse. The decision was upheld by the Sharjah Court of Appeals on February 14. He appealed against the verdict at the Federal Supreme Court.
"Although the [law] permits the husband to use his right [to discipline], he has to abide by the limits of this right," wrote Chief Justice Falah al Hajeri in a ruling issued this month and released in a court document yesterday.
"If the husband abuses this right to discipline, he cannot be exempted from punishment."
The court also ruled that a father does not have the right to beat his children after they become adults. In Sharia, reaching the age of puberty is evidence of adulthood.
"He is not allowed, according to Sharia, to beat his daughter, who is 23 years old," wrote Chief Justice al Hajeri.
Jihad Hashim Brown, the head of research at Tabah Foundation, said: "It's unlawful in Sharia - if taken in its entirety - to injure one's wife. It's unlawful to insult the dignity of one's wife.
"That is if we look at the tradition as a whole: the Quran, the hadith and writings of Islamic jurists."
He said beating one's wife was in conflict with "clear and concise" Islamic texts, which encourage Muslims to treat their wives in "love and kindness".
He said a Quranic verse might appear to allow certain things but if the verse was not "clear and concise", it should not enter courts of law.
"The vast majority of scholars overwhelmingly agree it is forbidden to injure or insult the dignity of one's wife," Mr Brown said. "If there is no clear text, then the court should treat it as a criminal act."
He added that Islamic texts stipulated the essence of healthy marriage was constant and mutual love. When any one of the couple felt there was need for beating, he said, "it's time for divorce".
The Supreme Court ruling on a domestic abuse case clarifies national law in an area that affects the family, the safety and welfare of women in society, and gender relations - The National Editorial
Dr Ahmed al Kubaisi, the head of Sharia Studies at UAE University and Baghdad University, said that under Sharia beating one's wife was an option to prevent the breakdown of the family.
He said it should be used only as a substitute to resorting to the police.
"If a wife committed something wrong, a husband can report her to police," Dr al Kubaisi said. "But sometimes she does not do a serious thing or he does not want to let others know; when it is not good for the family. In this case, hitting is a better option."
Dr Jassim al Shamsi, the dean of the college of law at UAE University, said the article in UAE law about wife-beating was not there to permit husbands to beat their wives, but to exempt them from punishment.
He said Sharia made it clear that any beating should be in no way severe. But Sharia, he said, repeatedly emphasised that love and respect were more important among husbands and wives than any discipline.
"The law does not ask husbands to beat their wives, it only means a man cannot be charged with anything if the beating did not leave any marks," Dr al Shamsi said. "It is a beating for discipline, not a violent or a vengeful beating. The Prophet said: "Only a wicked person hits his wife."
hhassan@thenational.ae
 

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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

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