Introduction

Mut’a alimony is a complex legal issue that sparks much debate and significantly impacts separated couples.

In this article, we shed light on the Dubai Court decision in case No. 175/2023 concerning Mut’a alimony. We will delve into the details of this decision and expert opinions on it. 

Mut'a Alimony and the Law

According to Article 140 of the Personal Status Law, it is stipulated that if a husband divorces his wife, who is financially dependent on him, in a valid marriage of his own volition and without her requesting it, she is entitled to Mut’a alimony, distinct from the post-divorce maintenance, based on the husband’s financial situation and not exceeding the equivalent of one year’s worth of alimony.

The judge may also apportion it as per the husband’s capability and financial constraints, taking into consideration any harm suffered by the wife.

Details of the Judicial Decision

In this judicial decision, the defendant was obligated to pay the Mut’a alimony to the plaintiff in the amount of 150,000 dirhams. The decision was based on Article 140 of the Personal Status Law, allowing the judge to apportion the Mut’a alimony based on the financial and social circumstances of the husband. 

Expert Opinions

To gain insight from a renowned practicing lawyer, we consulted Ms. Amira Saqr, an experienced attorney. Ms. Amira Saqr expressed her views on this judicial decision, stating, “This decision demonstrates a clear legal basis in Article 140 of the Personal Status Law, which affirms the wife’s entitlement to Mut’a alimony if divorce occurs at the husband’s sole discretion and without her request. This decision obligates the husband to fulfill this alimony requirement in accordance with the law.” 

For a deeper understanding of this legal decision, we also sought the expertise of Mr. Ahmed Saber, Head of the Litigation Department and a legal affairs expert. According to Ahmed Saber, “The wife must provide the necessary evidence to qualify for Mut’a alimony in accordance with the law.” 

Conclusion

We present this article as a comprehensive analysis of the Dubai Court’s decision regarding Mut’a alimony, drawing upon expert opinions, including those of Ms. Amira Saqr and Mr. Ahmed Saber. 

Mut’a alimony emerges as a complex topic within Personal Status Law. Understanding the intricacies and legal aspects of this matter requires consultation with specialized lawyers to safeguard the rights and guide separated couples in their rights and obligations.