Sharjah Ruler Issues Decree On Procedures For 'personal Status'

SHARJAH, (UrduPoint / Pakistan Point News / WAM - 11th Apr, 2021) His Highness Dr. Sheikh Sultan bin Muhammad Al Qasimi, Supreme Council Member and Ruler of Sharjah, has issued an Emiri Decree regarding the procedures followed when issuing and implementing judicial rulings and decisions related to personal status in the Emirate of Sharjah.

Decree No. (4) of 2021 stipulates that a permanent committee shall be established to follow the Department of Family Development Centres in the Supreme Council for Family Affairs in the emirate and work under its supervision, and include in its membership representatives of the following government entities: 1. Department of Family Development Centres 2. Sharjah Social Services Department 3. Sharjah Department of Housing 4. Sharjah Districts and Villages Affairs Department 5. Sharjah Police General Command 6. Any other government entity that the Department of Family Development Centres considers including those who represent it in the committee.

The committee undertakes the study and review of cases referred by the competent court in the Emirate and the preparation of the necessary reports for assistance before issuing its judgment or decision in the cases, requests and orders presented to it.

The committee will refer cases that need special attention from the Ruler of Sharjah, to direct what he deems appropriate in their regard.

According to the Decree of the competent court, before issuing its ruling or decision on requesting the removal of a divorced citizen woman from the marital home, the court must seek the assistance of the committee to study the woman’s condition, circumstances, and ability to support herself or whether or not someone is obligated to support her, and whether she owns a house, or it is a property, a grant or part of it.

The Decree stipulates also that the divorced citizen woman cannot be removed from the marital home until the end of her waiting period.

In addition, the citizen woman against whom a judgment of separation, annulment, ‘mukhala'ah’ was issued, or anything else, cannot be removed if the marital home is a grant or governmental aid, or if she has a child, and the residence is divisible, until taking the opinion and recommendation of the committee.

Based on the Decree, if the citizen woman resides in the inherited residence before the death of the owner and the heirs agree to sell it, and she does not have another home or money and her share in the estate does not pay the price of that house, and she has no one who is obligated to support her, the competent court must ask the committee to study the case and take whatever action is necessary to present the matter to the Ruler of Sharjah, to decide what he deems appropriate before the court issues its decision to sell.

The Decree also stipulates that the court cannot initiate the implementation procedures of the ruling issued to remove a divorced citizen woman from the marital home or to remove her from the home for inheritance by force, except after obtaining a report on her condition from the committee and ensuring her ability to support herself or the presence of someone who is obligated to support her.

The Legal Department of the Government of Sharjah, according to the Decree, coordinates with the heads of the competent courts in the Emirate and the committee to define and clarify the cases that the competent court must present to the committee and the procedures followed in their regard.

The Decree is effective from the date of its issuance and other competent authorities are required to implement its provisions each in its respective field and it will be published in the Official Gazette.