A reader in Dubai asks: On February 3 I stood as a guarantor - submitted my passport - for a family friend. There are many charges against him, which we are not fully aware of, starting from absconding to petty misbehaviour and bounced cheques. When I went to the police station, I was not told much, but was asked if I had brought my passport and a security cheque for the amount. The cheque was not received, only my passport was retained, and I was given a paper (in Arabic) in which I was told to confirm that my passport is retained as a security, as a bail for the man. I was also told he has 30 days to clear the case, or we both will be called again. My friend was summoned to Jebel Ali police station for some other charges within the 30-day period, was arrested and sentenced to a month in prison, followed by deportation. After the punishment, he was around for some 10 days, during which he called us once and sent a text message. After that his phone was switched off. We suspect he has been deported or if he is still around, he is surely dodging us. I went to Jebel Ali police station, asking for my options, for which I was told by the officer that the man will not be deported unless the charges against him are cleared, and though I am the guarantor, the charges are against him. Now what are my options? How stiff will the law be against me? Will I be allowed to take my passport? My passport expired in February this year and my employment visa expires in September. I need to withdraw my passport so as to renew the visa and passport. Moreover, I don't want to ask another person to stand as a guarantor.
The reader - as guarantor - has two options:
1) Apply to the police station where the passport is deposited to collect it as the accused is under police custody and therefore there is no need to keep the passport with the police. The rule is to bring the accused to the police and now as the accused is in police custody, the reader can collect his passport.
2) Apply to the public prosecutor to issue an order to the police station to release the reader's passport as the accused is already in their custody.
Husband's duty
A reader in Dubai asks: I am a non-Muslim woman married to a Muslim. We have been married for three years, and have two children. My husband spends money neither on me nor his children. I tried to find work but I could not find a suitable job, and I am thinking of returning to my country as my husband says that he is not obliged to spend money on me on the basis that this is the right of a Muslim wife only. My question is may I file a case before the Sharia Court in this regard? In case of divorce, can I retain the custody of my children, and to travel with them to my country?
I would like to assure the reader that spending money on a wife as per Sharia is the right of the wife, whether Muslim or non-Muslim. Both have equal rights, contrary to what has been said by the questioner's husband.
Therefore, the questioner is not obliged to work, and even if she were working, she is not requested to spend on herself as well as her children, as spending is the husband's duty even if the wife is rich.
Thus, the questioner may file a case regarding expenses before the Sharia Court. The court will then force the husband to spend on his wife and children, the amount of expense will be estimated according to the husband's income.
As for the question on travelling, the questioner has no right to travel with her children as she will be granted custody only if she stays in the country where her husband lives because the husband also has the right in guardianship and custody as well as seeing his children. Therefore, I advise the questioner not to take such a step which leads to break-up as well as an unstable family.
Accommodation
A reader in Dubai asks: I have worked for a company in Dubai for the past two years. I had a three-year limited contract with the company. Last year, the company decided to pay the rent for our home, which amounts to Dh5,000 per month. It was given to myself and another friend because of our good record in the company. The deal was that since we had a two-bedroom apartment we were to rent out one room and pay that money to the company. The contract was in the name of my partner. Six months later my partner left the place but the company kept that house saying that I should take it as my increment this year. Now I'm leaving and I'm giving up the apartment two months before the contract ends. The company is asking me to pay the balance of two months to give to the landlord as I haven't completed the contract. Is it fair on the company's part to do so? They have also threatened me that they will not give me my end-of-term benefits since they'd use that money to recover the loss. The deal was clearly between my company and the other guy. They didn't charge him anything. Please advise me what to do. There has never been an official document between the company and us that would say we had to pay for the house when we leave. It was taken for granted by both sides that the office would take care of it. The company's cheques have all been cleared, so nothing has to be paid to the landlord.
I would like to assure the questioner that the company's request to pay the balance of two months is illegal as such a commitment shall be borne by the company, especially because the cheques submitted to the landlord hold the name of the company, and the questioner has been granted such accommodation as a reward for his performance in the company.
Moreover, the company has no right to threaten the questioner that they will not give him his end-of-term benefits. So, if the questioner failed to settle the same with the company amicably, he may file a complaint before Ministry of Labour.
Resignation
A reader in Abu Dhabi asks: I have worked for a security company since August 1997 in Abu Dhabi and have now got an offer in Dubai. I have submitted my resignation with a month's notice and requested a no objection certificate (NOC), which they rejected. In this case, can I get a new employment visa by paying fees without an NOC? I read in Gulf News that lifting of ban is not implemented in Abu Dhabi. Does this make a difference if my new employer applied for my new visa from Dubai and tried to lift the ban by paying the fees?
I would like to assure the questioner that he may initiate procedures to transfer sponsorship with his new employer, and there is no need for an NOC from the previous sponsor, after paying the required fees to the Ministry of Labour.
Such a procedure is applicable in Abu Dhabi also, especially since the questioner has been working more than three years for the employer.
- Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants
