Source: Emarat Al Youm — Sharjah
The Sharjah Sharia Court of First Instance ended a marital relationship after ruling to divorce a man from his wife due to harm, following a lawsuit he filed requesting separation and the withdrawal of her custody rights over their two children. The husband based his claim on allegations that she and her family engaged in practices related to sorcery and witchcraft.
The husband told the court that these practices had caused harm affecting the stability of the family, pointing out that the wife had previously acknowledged that she had undergone treatment through a “jinn” performed by one of her relatives. He also stated that the two children had been affected by what he described as these actions, showing symptoms such as fear of darkness, bedwetting, and sleep disturbances.
The husband requested that custody of the children be transferred to him, asserting that the mother did not meet the required conditions for custody and expressing concern that what he considered harmful beliefs and practices could negatively affect their psychological well-being and future.
After reviewing the case and examining the submitted documents, the court confirmed that harm justifying divorce is assessed according to the circumstances of each case, and that continuation of marital life becomes impossible when proven harm affects the relationship between the spouses. The court concluded that the harm suffered by the husband had been established and ruled to separate the couple due to harm.
The court also examined the issue of custody, emphasizing that the best interests of the children are the primary consideration. It concluded that the mother’s custody should not continue and found the father eligible to assume custody.
The court ruled to divorce the wife through an irrevocable divorce due to harm, waive some of her financial rights arising from the marriage and divorce, grant custody of the two children to the father and order their residence with him, while obliging the mother to pay court expenses and attorney’s fees.