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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.
- Question answered by advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.
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