ABU DHABI // The Supreme Court has ruled that a divorce is final even if it is only implied in an angry ultimatum — and that the wife must go through the Sharia-mandated process of marrying another man before she can return to her first husband.
The ruling, issued this month and released yesterday in court documents, came in a case involving an Egyptian man who divorced his wife by giving her the ultimatum: “If you go and visit your neighbours, you are divorced.” She did, and Sharjah courts ruled the divorce was valid because he had told her “I divorce you” twice before.
According to Sharia, a man can divorce his wife by telling her three times: “I divorce you”. Sharia scholars differ about whether the divorce statement can be made on three different occasions or all at once.
The husband filed a lawsuit disputing the validity of the divorce, saying he had obtained a fatwa from an Egyptian scholar annulling it because the words were said in a moment of extreme anger. Divorce, according to Sharia, can be annulled in cases of “ighlaq”, roughly equivalent to temporary insanity.
The courts found that he had said, “I divorce you” on three separate occasions: in July 2001, in February 2007 and in March 2009.
He told the courts he was extremely angry the second time, and was not in his right mind, or in ighlaq, because of her “behaviour”.
The Sharjah Court of First Instance adjourned the case for him to present a fatwa from an official centre, but he did not. The Sharjah court then upheld the validity of the divorce. He appealed against the decision and the Sharjah Court of Appeals agreed with the lower court.
On appeal, the Supreme Court upheld the divorce, saying that the man failed to prove his decision did not emanate from conscious choice. In accordance with Sharia law, the Supreme Court continued, the woman could only remarry her husband after marrying another man and waiting for three months after actual intercourse.
“He is liable for his second divorce decision, and so the three divorces have been completed,” Chief Justice Falah al Hajeri of the Supreme Court wrote in his ruling. “The divorce was final and she must not be his wife until she marries another man and until her iddah [a period of waiting before a divorcee or a widow can marry] ends after a genuine marriage.”
It has been claimed that many men refrain from unilaterally divorcing their wives in a bid to avoid large divorce payments.
But several recent rulings by the Supreme Court have empowered women in terms of divorce rights.
Traditionally, a woman who files for a divorce without the husband’s consent risks waiving her rights to any dowry or compensation. Men, according to experts, often force their wives to file so the men can avoid payments.
But the Supreme Court, in a landmark ruling in November, said a court should order payments for women if they suspected any coercion.
hhassan@thenational.ae
Plan to boost public schools
A major shake-up of government-run schools was rolled out across the country in 2017. Known as the Emirati School Model, it placed more emphasis on maths and science while also adding practical skills to the curriculum.
It was accompanied by the promise of a Dh5 billion investment, over six years, to pay for state-of-the-art infrastructure improvements.
Aspects of the school model will be extended to international private schools, the education minister has previously suggested.
Recent developments have also included the introduction of moral education - which public and private schools both must teach - along with reform of the exams system and tougher teacher licensing requirements.
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At a glance
Global events: Much of the UK’s economic woes were blamed on “increased global uncertainty”, which can be interpreted as the economic impact of the Ukraine war and the uncertainty over Donald Trump’s tariffs.
Growth forecasts: Cut for 2025 from 2 per cent to 1 per cent. The OBR watchdog also estimated inflation will average 3.2 per cent this year
Welfare: Universal credit health element cut by 50 per cent and frozen for new claimants, building on cuts to the disability and incapacity bill set out earlier this month
Spending cuts: Overall day-to day-spending across government cut by £6.1bn in 2029-30
Tax evasion: Steps to crack down on tax evasion to raise “£6.5bn per year” for the public purse
Defence: New high-tech weaponry, upgrading HM Naval Base in Portsmouth
Housing: Housebuilding to reach its highest in 40 years, with planning reforms helping generate an extra £3.4bn for public finances
Skewed figures
In the village of Mevagissey in southwest England the housing stock has doubled in the last century while the number of residents is half the historic high. The village's Neighbourhood Development Plan states that 26% of homes are holiday retreats. Prices are high, averaging around £300,000, £50,000 more than the Cornish average of £250,000. The local average wage is £15,458.
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Test
Director: S Sashikanth
Cast: Nayanthara, Siddharth, Meera Jasmine, R Madhavan
Star rating: 2/5