United Arab Emirates: Whether Judgement No. 8/97, 1997 Dubai Court of Cassation (child custody rights given to mother if father has not claimed custody) is in effect and enforced
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 15 January 2003 |
| Citation / Document Symbol | ARE39723.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, United Arab Emirates: Whether Judgement No. 8/97, 1997 Dubai Court of Cassation (child custody rights given to mother if father has not claimed custody) is in effect and enforced, 15 January 2003, ARE39723.E, available at: https://www.refworld.org/docid/3f7d4d522a.html [accessed 31 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The Research Directorate cannot provide information on the status of a specific court case through its public-source and publicly available country of origin research.
The Islamic Family Law program of Emory University in Atlanta, Georgia, describes "Judgement no. 8/97" as follows:
[I]n 1997 [the] Dubai Court of Cassation ruled [that a] divorced mother who had remarried retained custody rights over children due to [a] written agreement between [the] parents whereby [the] father had agreed not to claim custody even if [his] former wife remarried (n.d.).
The same source adds the following:
Court System: The Abu Dhabi Courts Law 1968 regulates the jurisdiction of shari'a courts, though personal status law remains uncodified. The other six Emirates do not have similar legislation or organised judiciaries, so shari'a courts are not regulated. Important civil and criminal cases are brought before the ruler in person.
The Sharjah Courts Law 1971 created civil courts competent to hear commercial and labour disputes, with limited criminal jurisdiction. The Law Establishing the Union Supreme Court 1973 and the Union Law 1978 established the Union Courts of First Instance and Appeal and transferred jurisdiction from tribunals in Abu Dhabi, Sharjah, Ajman and Fujayrah to these courts. Union Courts of First Instance deal with civil, commercial and administrative disputes, including personal status cases, arising in the permanent capital.
Notable Features: Personal status law remains unlegislated (ibid.).
No other reference to a divorce and child custody case in Dubai, in which there was a "written agreement between [the] parents whereby [the] father had agreed not to claim custody even if [his] former wife remarried" (Islamic Family Law n.d.) could be found among the sources consulted by the Research Directorate. However, for information on divorce and child custody issues in Dubai, please consult ZZZ39695.E of 15 January 2003 and its attachments.
Country Reports 2001 (available electronically at Regional Documentation Centres) provides various details on the judiciary of the UAE, including the Emirate of Dubai, in section 1.e, as well as information on marriage, divorce and child custody in section 5 (2002).
In its most recent issue, the U. S. Department of State International Religious Freedom Report says:
Family law for Muslims is governed by Shari'a and the local Shari'a courts. Muslim men may marry non-Muslim women; however, Muslim women are not permitted to marry non-Muslim men unless the men convert to Islam. Because Islam does not consider the marriage between a non-Muslim man and a Muslim woman valid, both are subject to arrest, trial, and imprisonment on grounds of fornication. Shari'a, according to the Maliki school of jurisprudence, also is applied in cases of divorce. Women are granted custody of female children until they reach the age of maturity and are granted temporary custody of male children until they reach the age of 12. If the mother is deemed unfit, custody reverts to the next able female relative on the mother's side. Shari'a permits polygyny (United States 7 Oct. 2002).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
Country Reports on Human Rights Practices for 2001. 2002. "United Arab Emirates." United States Department of State. Washington, DC. Islamic Family Law Program, Emory University, Atlanta. n.d. "United Arab Emirates." United States of America. Department of State. 7 October 2002. International Religious Freedom Report 2002. "United Arab Emirates." Additional Sources Consulted
Embassy of the United Arab Emirates, Ottawa.
IRB Databases.
Internet sites and search engines, including:
Amnesty International
BBC News
Human Rights Watch
International Organization for Migration (IOM)
School of Oriental and African Studies, London
United Nations (UNDP, CEDAW, UNICEF and other sites)
United States Library of Congress Country Studies
World Bank Country Profiles
