Marriage is a significant milestone in life, it represents the beginning of a journey together between spouses, the creation of a family and the pursuit of a common future. With this union comes a topic of concern and interest: spousal support, better known as alimony .
Alimony goes beyond mere financial considerations; It symbolizes mutual responsibility and care between spouses. It represents the husband’s obligation to care for his wife and ensure her a dignified and comfortable standard of living. Maintenance is a legal and religious right of the wife that comes with several legal and religious obligations that require understanding and respect.
Define maintenance
Maintenance is defined both in law and in the context of Islamic Sharia as a legitimate right, a consequence of the marriage contract and a religious and legal obligation imposed on the husband. It is considered one of the rights acquired after the conclusion of the marriage contract as outlined in Islamic Sharia. According to Sharia principles, maintenance should be sufficient to meet the needs of the wife, taking into account the economic conditions, time and place, and to ensure a dignified life.
However, in marital conflicts, disputes often arise, causing some husbands to neglect their responsibilities. This can have a significant impact on the wife’s financial situation, especially if she is not working. Both Islamic Sharia and law give her the right to seek judicial intervention and ensure that the husband meets his financial obligations, including providing adequate housing and financial support.
Alimony Rights and Adjustments
After a certain period of time, usually one year from the date of the first maintenance order, the wife is entitled to file a lawsuit for an increase in the maintenance amount if she is faced with hardship, increased burdens or additional costs in connection with caring for a dependent relative Children. The law strictly prohibits the application of alimony increases before the expiration of one year, and the calculation of such adjustments is made from the date of the original claim. This highlights the importance of protecting the recipients and preventing hostilities between the former husband and wife. However, when exceptional circumstances require an increase, the court must consider such claims with fairness and equity.
Legislative philosophy and forward-looking approach
The legislative philosophy behind these provisions envisages age-related changes for dependent children as well as increasing costs of living and other basic needs such as clothing, shelter and health care for children. The legislation’s requirements are based on the principle of legal justice and require the wife to realistically justify her claim to an increase, often by submitting reports that demonstrate the need for additional financial support.
Discretion and judgment of the court
The determination of such changes and the protection of the interests of the dependent persons are at the discretion of the competent court. The court is authorized to assess the circumstances of each individual case and to evaluate the accuracy of the evidence, information and documents presented. Interference with the court’s discretion is strongly discouraged unless the judgment is based on valid reasons.
Maintenance is a fundamental right for wives during and after marriage, and the husband is obliged to provide it in accordance with the law and Sharia. The UAE legal framework ensures that the wife’s right to live with dignity and respect is preserved throughout the marriage and after divorce, while allowing for adjustments as circumstances and needs change. By understanding the legal and religious dimensions of alimony, individuals can confidently navigate the complexities of spousal support.
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