UAE remarriage law deserves to be reviewed

The UAE must find a balance for widows and divorcees remarrying that fits into modern life while also in keeping with Sharia law.

The UAE has set an example in the region by ensuring the progress and welfare of women, whose status has grown in parallel with the country’s development since its foundation. This achievement has been reflected in the Social Progress Index that has placed this country first among 132 nations in treating women with respect and dignity. This is a remarkable accomplishment, but more can be done.

One particular area that needs to be re-examined is the requirement of women to obtain "permission" to remarry. As The National reported yesterday, Emirati widows and divorcees have voiced their dismay over the fact that in order to remarry, they have to obtain the consent of a male guardian – sometimes their minor sons – according to a federal law, based on sharia.

Consider the case of a 40-year-old Palestinian-Canadian woman who has found that her permission to remarry is technically in the hands of her 11-year-old son. Understandably, the woman finds this humiliating.

Laws must serve the interests of the citizens of the state. Throughout Islamic history, there has been a lively debate about the best way to interpret Sharia in order to keep it relevant to the way society has changed and developed.

In the UAE, Sharia is one of the sources of law, but not the only one. There are precedents in this country for crimes where the punishment prescribed by Sharia is different from that laid down by the UAE’s penal code. Hudud punishments for crimes such as theft would be the most obvious example: the prescribed hudud punishment of hand amputation is not applied by UAE courts.

This appears to be one of those cases, then, where the particular circumstances of the society require a review of the relevant legal and religious writings. That would be the position advocated by this newspaper: not to repeal the law, nor to keep it and encourage Emirati women to go abroad and circumvent the ruling. Rather, let there be a review of the law, incorporating testimony from those Emiratis affected, so that the Government can decide whether this law best serves the interests of the citizens.