Court orders man to pay deferred dowry

ABU DHABI — The Federal Supreme Court has ordered a man, who was placed under guardianship for mental illness, to pay Dh60,400 as deferred dowry to his wife whom he divorced without consumating his marriage.

By Adel Arafah

Published: Mon 21 Aug 2006, 10:47 AM

Last updated: Sat 4 Apr 2015, 6:15 PM

Court records show, Aza Ibrahim had earlier filed a lawsuit before the Sharjah Shariah Court of First Instance demanding that YM pay her a deferred dowry of Dh120,000 plus Dh8,000 in value of gold, Dh28,000 as alimony and Dh9,000 as expense for the waiting period during which a divorcee can't remarry.

Explaining her case, Aza said she had married the defendant but they did not consummate their marriage. She received only Dh200 as the first instalment of her deferred dowry. But nine months later, her husband divorced Aza without honouring any of her legitimate rights.

During the hearing, the mentally derailed husband came along with SM, his brother and guardian. YM's brother-cum-guardian argued that the acts of his mentally ill brother, who had been placed under his guardianship, should be treated as null and void because of his mental condition.

But the Sharjah Shariah Court of First Instance, on November 2, 2003, had ordered the husband to pay Dh60,000 to his divorcee as 50 per cent of the deferred dowry. But the court rejected all other claims.

The two parties contested the verdict before the Sharjah Shariah Court of Appeal which ruled that the husband should pay Dh24,800 to his divorcee.

Both the claimant and the defendant challenged the verdict. The husband's brother said the verdict was not compatible with the law and provisions of Islamic Sharia law, adding that the chronic mental illness of his brother rendered the marriage contract illegal.

The Federal Supreme Court didn't accept this plea since, as it pointed out, the husband had signed the marriage certificate five months prior to his being placed under guardianship because of his mental condition.

The court further concluded in June this year that since the husband was mentally sane and sound at that time of his marriage, he should pay Dh60,400 in deferred dowry. Since he is under guardianship, the court ordered his brother in his capacity as his guardian to pay the amount, which should be from the husband's savings.

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