Unified UAE Legislation Database

Federal Supreme Court - Personal Status Appeal No. 990 of 2024 on Divorce for Harm and Arbitration

Status

In force

Issuing Authority

Federal Supreme Court

Effective date

XX.XX.XXXX

Official Link

https://

Session on Monday, 11 November 2024,

Headed by Judge Falah Shaye Al-Hajri, ‘Head of the Department’, with the membership of Judges Juma Ibrahim Muhammad Al-Otaibi and Al-Tayeb Abdul Ghafour Abdul Wahab

 

(1-3) Evidence ‘ Methods of proof, testimony and judgements’ dissolution of marriage ‘Separation by a judge's judgement: Proof of damage in the divorce suit for damage ‘ Two Judges ’ Appointment and recommendation of the two judges.

 

1. Proof of damage in the divorce suit for damage by legal methods of proof, including testimony and judicial rulings. The testimony of a male or female witness is accepted, except for the parent to the child and vice versa, if the conditions are met. Testimony by hearsay to prove the damage but not to deny it. Acceptable. The condition for that is if the witness interprets or understands from his words that the damage is common.

 

2. The right of both spouses to request divorce for harm when cohabitation cannot be maintained. This is based on the Qur'an, Sunnah and the law. The Family Guidance Committee may reconcile between them, but if it is unable t...