The husband’s support for his wife and children is the principle
Anyone who claims otherwise has the burden of proof

The basic principle, according to Sharia, law, and custom, is that the husband is the supporter of his wife and children, and he is their only source of income, because he is the breadwinner for them and the one who spends on them according to the situation, and since this fact is not disputed, the loss of the husband or father, and in some cases the son, has become tantamount to the loss of the source of income. The source of expenses is on the wife, children, or parents in some cases, which gives them the right to claim the person responsible for depriving them of their sole breadwinner if his loss was due to an accident caused by someone.
As is known to car accident injury lawyers and insurance claims in Abu Dhabi, United Arab Emirates, the material damage that requires compensation is a breach of the financial interest of the injured person, and a judgment must be made for the heirs of the deceased to compensate for this material damage because the deceased is the one who was supporting his wife and children before his death, which is the original principle. It appears according to custom, custom, and Sharia law, and those who claim contrary to this principle have the burden of proving that the deceased does not support them, which is what gives the right to the heirs, wife and children, to request financial compensation for the loss of their breadwinner and supporter.
This does not conflict with the prohibition of combining blood money or bribes with compensation for the material damage that befalls the injured person as a result of the harm inflicted on him and which is passed on to his heirs upon his death, because the compensation that is due to the heirs, whether material or moral, as a result of the damages that befell their persons due to the death of their testator, is outside the scope of the law. The scope of compensation that the legislator meant by prohibiting combining it with blood money or compensation.
Because, quite simply, the guarantee is estimated in all cases to the extent of the damage the injured person has suffered and the gain he has lost if it was a natural result of the harmful act. It also stipulates the guarantee for spouses and relatives from the family for the moral damage they suffer due to the death of their inheritor.
This means that the parents and brothers of the deceased also have the right to demand compensation for the moral damage they suffer as a result of their loss of a son, brother, and supporter.
Also, if it is proven that the deceased was supporting his parents or one of his brothers who are entitled to support, either by the testimony of witnesses or documents, or by any means of proof, then the beneficiary has the right to seek compensation from the party responsible as well.
If it is proven from the testimony of the witnesses that the deceased, the son of the affected persons, was the breadwinner for them and their permanent and continuous supporter, then with his death, all the appellants suffered material damages, represented by the loss of their livelihood, their source of income, and the burdens of living required by the necessities of life, and the loss of their opportunity to care for them in the future. They were afflicted with moral damages, represented by their grief, their feeling of grief, heartbreak, and anguish over the loss of their father, son, and husband, and the deprivation of the two minor children from parental sympathy and tenderness. Therefore, the court takes this into consideration and orders them to receive adequate and appropriate compensation for what befell them, i.e., those affected by material and moral damages as compensation for the material and moral damages they suffered. Distribute it equally among them
This compensation does not prevent the injured persons from obtaining the blood money estimated at 200,000 dirhams as the legal blood money, as there is nothing preventing the compensation from being estimated according to the amount of damage suffered by the injured person (and inherited by the deceased) and the gain they lost in excess of the limits of the blood money or damages.
Also, the wife and children of the deceased are also entitled to compensation, and even without proof of support, because the husband’s principle is that he is responsible for spending on his wife and children, and since the wife and children have lost their breadwinner and source of livelihood, which caused them harm, they deserve compensation for it without the need to require them to prove it, because the deceased’s support is for his wife. For his minor children, the condition of his life is the apparent principle, according to custom and custom, and whoever claims the opposite of this principle has the burden of proving that the deceased does not support them.
The car accident injuries and insurance claims lawyer in Abu Dhabi, United Arab Emirates, explains another matter, which is that the blood money that is criminally imposed on the person who caused the accident, the heirs have the right to cling to it against the person who caused the accident, or to demand it from the insurance company that insured the vehicle in which the accident was committed, driven by the person who caused the accident. If a court had previously obliged the driver of the car that caused the death accident in the criminal case to pay the legal blood money, this does not prevent the insurance company insuring the car that caused the death from being obligated to pay the heirs of the deceased the amount of blood money that was adjudged criminally, in accordance with what is stipulated in the ministerial decision issued to unify car insurance policies. In the first clause of the risks covered in the civil liability insurance policy, if it is not proven that the heirs of the deceased have collected the legal blood money owed to them from the convict, the driver of the car that caused the death accident, and the perpetrator of the harmful act, then it does not result in him discharging the insurance company with which he is insured.
This is what confirms that if a ruling is made to compel the driver of the car that caused the death of the inheritor of the affected person and the insured person to an insurance company, because he negligently caused the death of the inheritor and the papers were devoid of any indication that the affected person had received this amount, then it does not result in him discharging the insurance company’s liability, which is what motivates the court. To the ruling obliging the insurance company to pay the amount of legal blood money to the heirs of the deceased, which confiscates the true law.
The Black Robe platform, a car accident injury lawyer and insurance claims lawyer in Abu Dhabi, United Arab Emirates, explains that there are special cases in which other financial compensation is permissible, and there are other cases in which financial compensation cannot be claimed, which requires following us to find out about these cases, and if you have any inquiries. Regarding compensation issues or in various branches of law, do not hesitate to contact us and communicate with us on The Black Robe platform, via chat or phone call.

Child Custody

Definition of custody: The Emirati legislator defined custody according to the Personal Status Law as the preservation and protection of the child and taking over his responsibility, care and proper upbringing.

According to Federal Law No. (28) of 2005 AD regarding personal status, the custody of children is for the mother, as she is the most worthy, patient, and compassionate for her child, and she has what the man does not have the ability to raise the young at the beginning of his life, as the law has defined custody It is the daily care of the child, in a manner that does not conflict with the right of guardianship granted to the father. As the responsibility of spending on the child in custody and providing for him financially is the responsibility of the father.

Age of custody: The age of custody is regulated by Article 156 of Federal Law No. (28) of 2005 AD regarding personal status and explicitly stipulated, as the age of custody in UAE law ends when the male child reaches eleven years of age and the female child is thirteen years old. In the event that the court deems it is in the interest of the fostered child to remain with the mother, it may extend the period until the male reaches puberty or the female gets married.

At THE BLACK ROBE FOR LEGAL CONSULTANCY AND DEBT COLLECTION company, we have paid attention to taking care of custody cases, and we have assigned a specialized legal adviser with experience in them over many years .

The conditions that must be met by the incubator according to the nursery law in the UAE

- In the interest of the security and safety of the fostered child, and that what our legislator cares most about is the interest of the fostered child in the first place, the law has set important and essential conditions for the person entitled to custody according to what was stipulated in Articles 143 and 144 of the Personal Status Law, and among the most important conditions that must be met by the fosterer:

1- Mind

2- Adulthood

3- Secretariat

4- The ability to raise, maintain and care for the fostered child

5- Safety from dangerous infectious diseases

6- He must not have been previously convicted of any of the crimes involving honor.

 

In addition to the above conditions, there are other conditions that must be met by the incubator in certain circumstances:

In the event that the custodian is the mother, the following conditions must be met:

1- Not getting married unless the court determines otherwise in the interest of the fostered child.

2- To unite with the fostered child in religion

- Either if the custodian is the father:

1- He should have a female who is suitable for custody.

2- To unite with the fostered child in religion.

 The right to travel with the fostered child:

- It is absolutely not permissible for the custodian to travel with the fostered child outside the country except with the consent of the guardian of the soul in writing, or the approval of the judge to travel the fostered child according to her discretionary authority, and if one of the non-custodial parents suspects that the travel of the fostered child will result in kidnapping and stands in the way of his exercising his legitimate right towards the fostered child, then it is permissible to request Obtaining a travel ban to prevent the fostered child from leaving the airport, and the matter is referred to the judge in the event of a dispute. In the same regard, Article 151 states the following:

1- If the custodian is other than the mother, she may not travel with the child without the written permission of his guardian.

2- The guardian, whether father or otherwise, may not travel with the child during the custody period, except with the written permission of the person in custody.

3- It is not permissible to forfeit the custody of the declared mother simply because the father has moved to a country other than the one in which the custodian resides, unless the move was for the purpose of stability, and was not harmful to the mother, and the distance between the two countries was far, making it difficult to see the fostered child and return on the same day by means of public transportation.

- The judge is also entitled to order that the passport be kept in the hands of the custodian if he sees intransigence on the part of the guardian in handing it over to the custodian at the time of need. The custodian may keep the original birth certificate and any other supporting documents belonging to the fostered child, or a certified copy thereof, and she may keep the identity card of the fostered child.

 It is also important for us to shed light on one of the reasons for the forfeiture of the custody right as we are Child Custody legal advisor, as the custodian’s right to custody falls in the following cases:

1- If one of the conditions that must be met by the incubator

2- If the custodian resides for the purpose of settlement in a country where it is difficult for the guardian of the fostered to perform his duties.

3- If the person entitled to custody does not claim it for a period of six months without an acceptable excuse.

 

Women who are entitled to custody of mahrams

- The right of custody of the child is established for the mother and then for the female mahrams, giving preference to the one who certifies the mother over the one who certifies the father, and is considered the closest on both sides, with the exception of the father in the following order:

1. mother.
2. the father.

III. The mother of the mother, even if she is ill.

1. The mother of the father, even if she is ill.
2. Sisters by presenting the sister, then the sister to the mother, then the sister to the father.
3. Sister's daughter.

VII. Mother's sister's daughter.

VIII. Aunts in advanced order in sisters.

1. Paternal sister's daughter.
2. Nephews in advanced order of sisters.
3. Aunts in the above order.

XII. Maternal aunts in the aforementioned order.

XIII. Father's aunts, in the aforementioned order.

XIV. Maternal aunts in the order mentioned.

1. Paternal aunts in the aforementioned order.

Khula

Khula in Emirati law

- Definition: khula as defined by the law ( khula annulment) is a contract between the spouses to annul the marriage contract, in which they agree to terminate the marriage contract with compensation from the wife or others.

- Also, khula is completely different from divorce in proving it or the dues resulting from it, as the law requires consensual khula to provide an allowance or waive one of the wife's rights, but it is not permissible to drop the maintenance of children because it is an inherent right of the custodians, the wife may not agree to drop custody of the children in exchange for khula, but she may agree to waive if the allowance for dislocation is not correct, dislocation occurs, and the husband deserves to take the dowry.

 

- Dislocation procedures in the UAE

 It begins with the spouses resorting to the family Reform Department for reconciliation procedures between the parties or agreeing on the dislocation and providing the allowance after the will of the parties converges on the dislocation , and the terms of that agreement are drawn up and it is permissible as an executive deed may be dyed in the Executive form and executive at the court

 In the event of failure of reconciliation or agreement on the dislocation, the case is referred to the competent court for separation between them.

 

- Khula in Islam:

 It is a kind of separation, provided that the wife redeems herself with money to pay to her husband, who is tired of living with him, and because of that hatred or inability to live, she does not fulfill his legitimate rights, which Allah Almighty has imposed on her, and therefore her husband divorces her at her request in that agreed compensation

 

- Conditions for the validity of the dislocation in the UAE : in order for the dislocation to be valid from a legal and legal point of view, there are conditions that must be met, which are conditions related to the parties-husband and wife-the most important of which are:

1-proof of full eligibility and sanity, since no one who has lost his eligibility or sanity will be dethroned.

2-the marriage and marriage contract must be valid, and the divorce by khula issued by the husband must also be valid.

3-if the wife is divorced retroactively, and she was serving the period of iddah, the khula  issued by her shall be valid

4-the khula must be agreed upon with the consent and consent of the spouses.

5-the khula procedures must be carried out in exchange for money or the return of the dowry, or the return of what the wife owns from what the husband gave her in exchange for accepting marriage with him, or what is suitable to be a paid dowry, whether it is a dowry in kind or a dowry in cash.

- Dear bereaved wife, when your life turns into hell because of your husband, then our married life turns into a circle filled with misery and filled with hatred, and when the drought fills the corners of your life, your best way is to take off, the Sharia and the law have authorized that .The law and the law gave the man the right to divorce , and also gave the right of khula to the wife if she considers it impossible for her to live with her husband, but before taking this path, we advise you to consult a Khula legal advisor, to inform you of all your rights and obligations after khula.

Divorce

Personal status issues

Our Arab society has recently been suffering from a noticeable increase in divorce rates and personal status issues due to several reasons, such as incompatibility , abuse, verbal and verbal abuse, neglect and lack of spending, mixing with strange cultures that contradict our true religion and Islamic law

What you should know about divorce in the UAE Personal Status Law

* Divorce is the separation of one of the spouses from the other, and Islamic jurisprudence has defined it as the dissolution of the marriage contract, whether it is an explicit word, or a euphemism with the intention of divorce, if the man intended to divorce, and his way to pronounce a sound-minded man (the word divorce) or what is known as the oath of divorce and divorce in the UAE has several types such as: retroactive divorce, void divorce, divorce in absentia or consensual divorce .

What are the types of divorce in the UAE

* There are two types of divorce: retroactive and manifest, and manifest divorce is of two types, major and minor.

1- retroactive divorce: it is a divorce in which the marriage contract does not end until the expiration of the period of the Iddah, which is that the husband throws the word divorce on his wife and the Iddah has not ended and this divorce has not been documented by the competent authorities, and therefore the husband may return his wife to his infallibility as long as the Iddah has not ended .

2- obvious minor divorce: it is that the husband throws the oath of divorce on his wife once or twice and did not return his wife during the period of iddah. Nevertheless, the husband may return his wife to his estate, but with a new contract and dowry .

3- obvious divorce is a major one:it is a divorce that is signed by the husband for the third time and therefore it is not permissible for him to return her to his infallibility, except in the case of her marriage to another man other than him, and it is not permissible to enter her in the case of divorce from the other husband and return to her first divorce only after the expiration of her Iddah from the other husband who actually entered into it.

What is a divorce for damage

* The UAE legislator has legalized the request for divorce for damage to either party if there is an obvious damage that was explained to the court that happened to one of the parties and it is impossible for him to last ten years with affection and Mercy, which is called the divorce of discord or damage, and is in force according to the laws of many countries.

* As is prescribed in the Islamic Sharia: the Maliki has decided that the wife may ask for separation if the husband mistreats her so that the ten between the spouses becomes impossible among the likes of her, whether by word or deed, because it is not befitting her example, so that the husband's treatment of his wife in the custom is considered an abnormal treatment harmful to the woman complains of and does not see patience for her .

* In addition to the text of Article No. 122 of the Personal Status Law, which stipulates that " in the case of divorce for damage, the damage shall be proved by legitimate means of proof, and by judicial rulings issued against one of the spouses "

* The wife also has the right to her husband not to harm her by word or deed .

* It is also legally stipulated by Article 117 of the personal status code that "(1) each of the spouses applies for divorce for damage that cannot be sustained by the ten known between them, and neither of them has the right to do so, unless their reconciliation is proven. (2) The Family Guidance Committee shall, in accordance with Article 16 of this law, repair between the spouses. if the judge is unable to offer them reconciliation, the impossibility and proven damage is ruled for divorce".

* It was stipulated in the Maliki Fiqh outlined in the explanatory memorandum to the personal status law that a wife may request a divorce if the husband inflicted any kind of abuse on her by word or deed, even if the abuse was not repeated, as the scope of divorce is harm .

* Since this was the case and it was fixed in our true Shari'a that Allah Almighty has determined the wisdom of marriage, so if discord, hatred and separation of each of the spouses from living with the other replaced affection and mercy , and the husband's peace to his wife, the legitimate wisdom intended by Islamic law has disappeared from marriage and the continuation of the marital relationship in this case becomes a cause for intersection and hatred, which does not entail a legitimate purpose

* The judge can also separate the damage between the spouses if it is proved that the wife was severely beaten by the husband in front of witnesses, or the husband's abandonment of his wife for more than six months is proved by the testimony of witnesses, or if his absence from her lasts for more than a year, or he refrains from spending on her.

* Just as the law has given the husband the right to guardianship and to arrange a divorce of his own free will, and divorce is subject to damage when the judge ascertains that the damage was serious and poses a threat to the marital life between them, it is not any minor damage that may be used as an argument for requesting a divorce.

Divorce by mutual consent in the UAE

* Consensual divorce: it is that the spouses agree to terminate the marital relationship by Agreement and consent and this agreement is drawn up in the form of an agreement concluded and ratified by the Department of Family Guidance or family Reform, which is a mandatory procedure for completing consensual divorce proceedings .

What is an absentee divorce

* Divorce in absentia in the UAE is a divorce signed by the husband and pronounced without the presence of his wife, and issued by him in her absence an explicit pronunciation with the intention of divorce, and the divorce in absentia may be for a known reason for the distance of the place between them, for example, or for not residing in one place, or other reasons

 Many imams believe that attesting to divorce or revocation is desirable and not obligatory, and that divorce occurs without a certificate, and the majority of jurists from the salaf have argued that divorce occurs without a certificate because it is a man's right and does not need evidence to exercise his right, and testimony does not oppose a man's right to divorce

 

The work of Divorce legal advisor is focused on trying to resolve the dispute amicably, if it does not work, it guides you to the best possible legal solutions.

* The case must first be registered by any party in the Family Guidance Department in one of the Emirates of the country. Where the parties are coordinated and an appointment is made to meet the family mentor

* A family mentor interview is mandatory to complete divorce proceedings in the UAE. Spouses are allowed to express their marriage concerns in the absence of their legal representative.

* An amicable divorce can be reached at this stage. The parties formulate a settlement based on mutual understanding between the parties and sign it before the family mentor

* If one or both parties insist on a divorce, the family mentor submits a letter of referral of the application, to allow them to appear in court to conclude the divorce case.

* The letter can be submitted to the court at any time within three months from the date of its issuance. Divorce proceedings are conducted at the discretion of the court and each party submits the evidence in his possession against the other party as well as each party's own defense.