Sharia applies to non-Muslims only if both parties agree
A district court in the United States will not recognise any child-custody law order in Dubai in the Caroline Peters case because custody and divorce law in the UAE "is in violation of well recognised norms of human rights", a judge there has ruled.
Judge John Gassaway wrote in a May 7 order that the UAE's child- custody laws operated under Sharia and were based "on considerations other than the best interests of the child".
UAE lawyers insist Sharia would be applied to non-Muslims in divorce and child-custody cases only if both parties agreed not to choose civil law or their home country's laws instead.
Yousef Al Bahar, a lawyer with Al Bahar and Advocates in Dubai, said the child's welfare was the primary consideration in custody cases.
"The court studies both parties," he said. "They consider the rights of the child. That is the most important."
Judge Gassaway also asserts in his order that the UAE grants the father of the child automatic rights as guardian, a claim refuted by Ali Al Jarman, managing partner at Prestige Advocates.
Under Sharia, if both parents are non-Muslim, fit parents and not criminals, custody of girls younger than 13 and boys younger than 11 usually goes to the mother, although she may lose it if she remarries.
If a father is granted custody, Mr Al Jarman said, a female relative must help to raise the child.
Because the UAE is not a signatory to The Hague Convention on the Civil Aspects of International Child Abduction, local laws apply to child-custody cases and a foreign court order is not enforceable here.
Parental child kidnapping cases have become more common in recent years, as parents attempt to exploit local laws to protect them from foreign orders.
However, the US state department reported four new cases of child abduction to the UAE last year, involving five children, compared with five cases and seven children in 2010.
* Jen Thomas and Awad Mustafa
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Rating: 3/5
Ms Yang's top tips for parents new to the UAE
- Join parent networks
- Look beyond school fees
- Keep an open mind
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Game Of Thrones Season Seven: A Bluffers Guide
Want to sound on message about the biggest show on television without actually watching it? Best not to get locked into the labyrinthine tales of revenge and royalty: as Isaac Hempstead Wright put it, all you really need to know from now on is that there’s going to be a huge fight between humans and the armies of undead White Walkers.
The season ended with a dragon captured by the Night King blowing apart the huge wall of ice that separates the human world from its less appealing counterpart. Not that some of the humans in Westeros have been particularly appealing, either.
Anyway, the White Walkers are now free to cause any kind of havoc they wish, and as Liam Cunningham told us: “Westeros may be zombie land after the Night King has finished.” If the various human factions don’t put aside their differences in season 8, we could be looking at The Walking Dead: The Medieval Years.
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No more lice
Defining head lice
Pediculus humanus capitis are tiny wingless insects that feed on blood from the human scalp. The adult head louse is up to 3mm long, has six legs, and is tan to greyish-white in colour. The female lives up to four weeks and, once mature, can lay up to 10 eggs per day. These tiny nits firmly attach to the base of the hair shaft, get incubated by body heat and hatch in eight days or so.
Identifying lice
Lice can be identified by itching or a tickling sensation of something moving within the hair. One can confirm that a person has lice by looking closely through the hair and scalp for nits, nymphs or lice. Head lice are most frequently located behind the ears and near the neckline.
Treating lice at home
Head lice must be treated as soon as they are spotted. Start by checking everyone in the family for them, then follow these steps. Remove and wash all clothing and bedding with hot water. Apply medicine according to the label instructions. If some live lice are still found eight to 12 hours after treatment, but are moving more slowly than before, do not re-treat. Comb dead and remaining live lice out of the hair using a fine-toothed comb.
After the initial treatment, check for, comb and remove nits and lice from hair every two to three days. Soak combs and brushes in hot water for 10 minutes.Vacuum the floor and furniture, particularly where the infested person sat or lay.
Courtesy Dr Vishal Rajmal Mehta, specialist paediatrics, RAK Hospital