A recent ruling by a UAE court determined that persistent threats by a husband about polygamous cohabitation will be considered to be psychological or mental harm to his wife. Polygamous cohabitation refers to multiple wives living in a single marital house. In this article, we will look into the Personal Status Law under federal Decree Law No. 41 of 2024, regarding polygamous cohabitation.
UAE family Law
In the UAE, laws regarding marriage, divorce and other personal status matters fall under the UAE family law. The family laws are enacted under three legislations, namely the Federal Decree Law No. 41 of 2024 regarding the Personal Status of Muslims in the UAE (“Federal Personal Status Law”), the Federal Decree Law No. 41 of 2022 regarding the Personal status of non-Muslims in the UAE except in the emirate of Abu Dhabi (“Federal Civil Personal Status Law”), and Abu Dhabi Law No. 14 of 2021 regarding the Personal status of non-Muslims within the emirate of Abu Dhabi (“Abu Dhabi Civil Personal Status Law”).
Muslim Law on fair treatment of a spouse
The Federal Personal Status Law allows a man to marry more than once. However, the law lays down specific rights for spouses in a marriage.
Article 16 of the law defines a marriage as a contract between a man and a woman, with the intention of perpetuating the marital relationship between them. The Article states that a marriage must aim at the establishment of a stable family consisting of affection and mercy. Article 49 of the law lists the rights of spouse and states that a spouse has a right to good companionship, in a manner leading to affection and mercy between them. Moreover, the spouses must not harm each other either materially or morally.
A Wife’s Right Over the Marital House
Article 49 also states that a husband is obliged to provide maintenance to the wife in a manner consistent with custom, and is obliged to equity among his wives in treatment, division, and obligatory maintenance.
As per Article 104 of the Federal Personal Status Law, a wife is to live in the appropriate marital house, unless she has specified another place in her marital contract. Under Article 105, the husband may house his parents, and his children from another marriage in the marital house, if he is responsible for their maintenance, provided that this does not cause harm to the wife. However, if the husband is to have more than one wife living in the same house, he must ensure that the house is suitable and allows each wife almost complete independence in the housing in all aspects, including separate entrance, exit, sanitary facilities etc. If a wife is aggrieved by her living situation with respect to other wives, she may request the court to impose additional conditions regarding the marital house.
Revocation of Marriage Contract Due to Harm
Article 71 of the Federal Personal status Law provides for the revocation of a marriage contract if either the husband or the wife causes harm to the other that makes it impossible to continue the marriage. In such cases, if the harm can be proven by the other party, the court will attempt reconciliation. However, if reconciliation is not possible, the court will rule to grant a divorce.
Conclusion
Thus, if the wife can prove that her husband has caused harm, she may seek a divorce from her husband. Furthermore, this harm can be carried out physically, in the form of domestic violence, or mentally, such as through verbal abuse, constant threats and other forms of mental harm.
