Expatriates and Sharia Law - What You Need To Know
- Author Mohammad Marria
- Published January 17, 2017
- Word count 470
Every year, thousands of expats are pouring into UAE lured by the tax free income, luxurious lifestyle and high earnings, but the Middle East has always been seen by the strict sharia laws. Every now and then we feel that the expats are surrounded by the fake rumors that are incorporated with the Shariah law. Some of these rumors are daunting hence we have decided to craft this article and let the expat know the real truth about sharia law
Child Custody
First and foremost, let us explain, what sharia law states in case of death or in case of divorce for child custody. Statutory provisions in the UAE says the mother of the child will become the custodian of the child and father will play the role of guardian in which he can meet up the child, supervise, protect, make mandatory decisions for medical treatment and take care of a child’s education moreover the father can also give the necessary consent when the child is ready to be married. The child will be living with the custodian, hence custodian is expected to take care of the child's day to day needs.
Be noted that if in a case the mother is failing to fulfill the criteria for a custodian, UAE court possesses the right to move the custody of the child from the mother to the father, paternal grandmother, maternal grandmother, maternal sisters, maternal niece or paternal sisters.
Relocation
Often this is the case after the divorced mother decides to leave the UAE with child and settle down in her home country, as per the UAE laws the custodian of the child is not allowed to settle in another country for the permanent basis, if the guardian of the child is having an objection or faces any issues with it. Issues can be addressed as general visiting, medical treatment, education and so on. In that case the UAE court may transfer the custody of the child to the father.
Under UAE laws, both of the parents shall conversate and regard each other's decision of taking the child away in the home country. In case of objection or dispute the court may apply travel ban, which will prevent the child from leaving UAE.
External Marital Affairs
Now this law is something that is applicable to both either expat or local emirates in UAE. Adultery is taken as a criminal offense here, which is punishable by either prison sentence or deportation. There have been several cases where several western Non-Muslim couples are imprisoned for such adult activities and later on deported. It is very important for expats know & understand Islamic laws before coming to this country. No matter how liberal this country goes on westernized cultured expats after all the UAE operates on the very foundation of strict sharia law.
Mohammad Marria is managing partner at Just Wills, the company is very well established in Dubai offering services like Succession planning in UAE, wills in dubai. Apart from work Mohammad is a motivational speaker spreading knowledge about having a will drafting in UAE and why is it important.
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