US embassy cable - 05ABUDHABI3160

UNCLAS ABU DHABI 003160 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR DRL, G/IWI, NEA/ARPI, NEA/PI, AND NEA/PPD 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, KDEM, KWMN, TC 
SUBJECT: NEW UAE FAMILY LAW 
 
 
1. (U) ON JULY 11, THE FEDERAL CABINET APPROVED A PERSONAL 
STATUS LAW COVERING MARRIAGE, LEGAL COMPETENCE, GUARDIANSHIP, 
WILLS, INHERITANCE, AND ENDOWMENT.  SIGNIFICANTLY, THE NEW 
DRAFT LAW GRANTS UAE WOMEN THE RIGHT TO DIVORCE THEIR HUSBANDS. 
CURRENTLY A WOMAN CAN SEEK DIVORCE THROUGH COURTS, BUT CAN ONLY 
OBTAIN IT WITH HER HUSBAND\'S APPROVAL.  WOMEN REQUESTING 
DIVORCE WOULD BE REQUIRED TO PETITION THE SHARI\'A COURT AND PAY 
COMPENSATION (OR RETURN THE DOWRY) TO THEIR HUSBANDS. 
 
2. (U) ACCORDING TO THE DRAFT LAW, A WIFE COULD ASK FOR A 
\"KHULO\" DIVORCE (\"KHULO\" IS THE ISLAMIC TERM FOR A DIVORCE 
GRANTED AT THE REQUEST OF THE WIFE, WITHOUT APPROVAL FROM THE 
HUSBAND; IT IS PERMITTED IN SOME ISLAMIC COUNTRIES BUT SO FAR 
NOT IN THE UAE OR ANYWHERE IN THE GULF) ON A WIDE VARIETY OF 
GROUNDS, INCLUDING DOMESTIC VIOLENCE AND PROLONGED ABSENCE OF 
THE HUSBAND.  IN ADDITION, THE LAW WOULD ALLOW A WOMAN TO 
DIVORCE HER HUSBAND IF HE IS SERVING A PRISON SENTENCE OF THREE 
OR MORE YEARS.  (NOTE: THIS WOULD APPLY ONLY IF THE HUSBAND HAD 
ALREADY SERVED AT LEAST ONE YEAR OF HIS PRISON SENTENCE.)  THE 
APPROVED DRAFT LAW PROVIDES FOR THE CREATION OF FAMILY GUIDANCE 
COMMITTEES IN SHARI\'A COURTS.  PERSONAL STATUS CASES, INCLUDING 
DIVORCE CASES, WILL NOT BE ACCEPTED BY THE COURTS UNLESS THEY 
HAVE FIRST PASSED THROUGH THE FAMILY GUIDANCE OFFICES. 
 
3. (U) ACCORDING TO PRESS REPORTS, OFFICIAL AND PUBLIC REACTION 
TO THE LAW WAS GENERALLY SUPPORTIVE BECAUSE THEY BELIEVE THE 
LAW GIVES WOMEN THE FREEDOM TO END UNHAPPY MARRIAGES.  HOWEVER, 
SOME WERE CONCERNED THAT SUCH RIGHTS COULD BE ABUSED.  THE HEAD 
OF DUBAI WOMEN\'S ASSOCIATION RESEARCH CENTER SAID THAT THE LAW 
WOULD PLAY AN IMPORTANT ROLE IN MINIMIZING DOMESTIC VIOLENCE. 
A JUDGE AT ABU DHABI SHARI\'A COURT ADVISED WOMEN TO FOLLOW 
JUDICIAL CHANNELS BEFORE DECIDING TO RELINQUISH SOME OF THEIR 
MATERIAL RIGHTS.  SOME OF THE LAWYERS WHO HAD PROVIDED INPUT TO 
THE DRAFT LAW REGARD THE CUSTODY PROVISIONS AS UNFAIR TO WOMEN. 
THEY MAINTAIN THAT UNDER THE NEW LAW, A MOTHER AUTOMATICALLY 
LOSES CUSTODY OF HER DAUGHTERS THE DAY THEY TURN 13 (AT THAT 
POINT THEY PASS INTO THE CUSTODY OF THEIR FATHERS.) 
 
4. (U) THE DRAFT BILL WAS PREPARED BY THE \"LEGISLATION AND 
FATWA\" COMMITTEE, HEADED BY AHMED AL-KUBEISI, A PROMINENT DUBAI- 
BASED IRAQI ISLAMIC COMMENTATOR WHO APPEARS REGULARLY ON TV 
HERE.  THE GENERAL WOMEN\'S UNION REVIEWED THE BILL AND PROVIDED 
RECOMMENDATIONS.  THE DRAFT WOULD NEED SUPREME RULING COUNCIL 
APPROVAL BEFORE IT IS ENACTED. 
 
5. (SBU) COMMENT: THE NEW DIVORCE PROVISION EMPOWERS UAE WOMEN, 
ALTHOUGH IT IS STILL UNCLEAR WHETHER THE FINANCIAL LOSSES THAT 
WOMEN COULD FACE WHEN DIVORCING THEIR HUSBANDS MIGHT IN SOME 
CASES OUTWEIGH THE DECISION TO DIVORCE.  END COMMENT. 
 
SISON