Wednesday, November 29, 2006

Marriage sans consent is over

Khaleej Times reported The Dubai Court of Cassation has upheld a verdict issued by the Shariah Court ordering the termination of a five-year marriage between a national woman and an Egyptian man after the wife’s guardian filed a lawsuit against it saying it was solemnised without his consent.

Can you believe that. A five year old marriage is invallidated because the father of the bride says he did not give his permission. And actually it was one of his sons saying that, because the father is illiterate.
The case unfolded when the woman’s brother filed a lawsuit on behalf of his father (her guardian) before the Dubai Shariah court in July, against the couple who have a daughter.
Since the marriage is invalid, does this mean that the daughter is proof that the woman had sex outside of marriage, and must she now be stoned to death?
The plaintiff demanded the termination of the marriage contract, as it was signed without the consent of the guardian of the wife (according to Shariah). The husband argued that since the marriage was done in mid-August 2000 in Egypt it had become subject of the Egyptian personal status law. A previous civil lawsuit, issued in Egypt, resulted in validating the marriage. However, the court referred to the personal status law, whereby each one of the spouses needed to obey the laws of his or her country of origin, and since the wife was a UAE citizen, the UAE law stipulated that no marriage of an adult or minor female was valid without guardian’s approval. The court thus recommended termination of the marriage contract.

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