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28 January 2025

Divorce Settlements in the Middle East: Cultural and Legal Considerations for Expats 

Family lawyers in England and Wales are increasingly familiar with cases involving Islamic divorces. Whilst the legal considerations are fundamental to providing comprehensive advice in respect of these cases, it is also important to understand the parties’ background and cultural considerations.  

What countries are included within the term ‘Middle East’? 

The term refers to a wide region stretching from the Mediterranean sea over the Arabian peninsula and up to the Caspian sea. Included are Egypt, Saudi Arabia, Yemen, Oman, the United Arab Emirates, Kuwait, Iraq, Iran, Jordan, Israel, Palestine, Lebanon, Syria and Turkey.  The region contains a correspondingly wide range of legal systems from pure Shari’a courts, to wholly secular systems, to blended systems. There are many and large expatriate communities in these countries. The first and golden rule for an expatriate is to seek early local advice specific to their particular circumstances including their ‘home’ jurisdiction, which may be significant.   

What is Shari’a law? And what is an Islamic divorce? 

Shari’a law is the legal system of Islam. It is a code for life that includes religious observances, daily life – and of course – family life and relations. There are five schools of Shari’a law – four Sunni and one Shia. Each of these schools have different interpretations of certain matters. As a result there are a variety of legal practices across the Islamic world and those variations are also impacted by differing local customs and culture. Shari’a law applies to Muslims, but has wide ranging cultural consequences in the countries where it dominates.  

What different legal systems apply in the Middle East? 

Legal systems vary across the region. Wholly Shari’a systems exist in Saudi Arabia, Bahrain, Iran and Iraq. A wholly civil system is in place in Turkey. In all other Middle Eastern jurisdictions there exists a blend of Shari’a and civil laws. However – where mixed systems exist, family matters such as divorce or child arrangements will often be dominated by Shari’a. Examples of this are found in Jordan, Oman, Qatar, Syria, and other countries.  

The application of Shari’a is significantly limited in some jurisdictions: in Israel it can only be applied to Muslims in relation to personal matters, in Lebanon, application depends on whether an individual is Shia, Sunni or a non-Muslim.  

It is crucial for any expatriate in the Middle East to establish what the system of rules applying to their family is.  

Is there different legislative provision for expats? 

In Abu Dhabi (part of UAE) there is specific provision for non-Muslim expatriates which enables no-fault divorce and civil marriage outside of religious codes. Non-Muslim judges can preside over family matters. The legislation also allows for joint custody of children following divorce. However the financial remedies available are more limited that are available to divorcing couples in England and Wales. Couples can request that the UAE court applies the law of their home jurisdiction however it is within the discretion of the court whether it does so.  

This legislation does not cover Muslims living in UAE whose cases will be dealt with under Shari’a law.  

A more restrictive but nonetheless nuanced system can be found in Qatar where the law of marriage has become increasingly codified with the introduction in 2006 of the Qatari Family Law. There are specific laws concerning marriages contracted between Qataris and foreigners with some marriages being completely forbidden and some being possible subject to permission being obtained. There is often a tension between the letter of the law and traditional practices. For example marriages between Muslim men and non-Muslim women provided that they are ‘of the book’ (i.e. either Jewish or Christian) is permitted, but in practice, conversion to Islam is widespread in these circumstances. A non-national seeking to get married in and/or have a marriage recognised in Qatar should take careful specific advice.  

Financial relief – what can an expat expect? 

It depends where you are and what your status is.  

In Shari’a law or systems in which Shari’a is influential, financial relief following divorce can be limited to a wife receiving her unpaid dower and maintenance for a period of 3 months – although this is by no means guaranteed. There are different methods of calculation and customs relating to term. In Qatar, for example, the maximum term is 3 months. Islamic law does not have a concept of community of property on marriage – and consequently – there is nothing akin to a property adjustment order available where Shari’a is the governing set of rules. In most circumstances, parties will exit a marriage simply retaining the capital assets that they have in their respective names. Where minor children reside with a wife following divorce, a husband may be expected to provide accommodation and maintenance up to a certain point in time. However Shari’a law will usually proscribe the age at which children should live with each of their separated parents. This varies from school to school and country to country however in increasingly codified systems (such as Qatar there has been a move away from switching the residence of very young children away from the mother.  

In the purely civil system in place in Turkey there is a power to transfer family homes to the spouse most in need of them.  

There may, of course, be an ability on behalf of either party to bring financial claims in other jurisdictions – but again, specific advice on a case by case basis is essential.  


Article co-authored by Harriet Errington, Partner in the Payne Hicks Beach Family Department and Hannah McSorley of Harcourt Chambers 

For further advice or information, please contact Harriet Errington, Partner in the Family Department or, alternatively, telephone on 020 3911 2083.   

To learn more about divorce and separation you can download a free copy of our Essential Guide to Divorce and Family Lawhere.   

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Harriet Errington
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