Obliging a woman to return 50 thousand dirhams to her wife … the value of “essence”

The Sharia Court of Appeal in Fujairah obliged a woman to return the amount of 50 thousand dirhams to her ex -husband, who had handed him over to her as part of what is known as “eagerness”, after it was proven that the amount exceeded the maximum of the legal dowry in the state.

The first court court ruled that the wife divorced a clear shot for the damage (before entering and after the retreat), and obliging the husband to pay 30 thousand dirhams last friendship, and 1500 dirhams per month several expense and residence.

The corresponding lawsuit in which the husband demanded the recovery of additional amounts also refused to pay for gifts and equipment.

The husband (the appellant) stabbed the ruling, explaining in his appeal regulation that he paid the amount of 100 thousand dirhams at the marriage contract, distributed by 30 thousand dirhams, a dowry submitted, 20 thousand dirhams, a dress fee, and 50 thousand dirhams, indicating that the marriage was not completed due to the clear divorce, and that the primary ruling ignored his demand to recover excess amounts on the legal limit of the dowry.

In the reasons for its ruling, the court emphasized that the essence is one of the gifts that have been known to be considered by the dowry, and that it is decided by the text of Article (18/4) of the Personal Status Law that “what was known is considered to be considered by the dowry, the ruling of the dowry is under way in all cases. The first thing that the marriage negotiations deal with, and it may be for its value the real dowry or represents a great aspect of it.

The court stressed, on the other hand, that the Law on Determination No. (21) for the year 1997 has set a higher limit that is not permissible, as it explicitly stipulated that the provider of the dowry does not exceed 20 thousand dirhams, and the date does not exceed 30 thousand dirhams, and therefore, the total of what the wife deserves is a law not exceeding 50 thousand dirhams.

The court relied on that the two parties read by receiving the wife an amount of 100 thousand dirhams, distributed between the dowry provider and the wages of the dress and the garment.

And since the marriage was not completed with actual entry, despite the realization of the legal retreat, the wife deserves the entire dowry that is legally specified only, and the husband has the right to recover what is more than that, or 50 thousand dirhams.

The court decided to cancel the previous ruling in an apartment related to refusing to recover the essence, and ruled again to compel the wife to return 50 thousand dirhams, representing the value of essence only, and supporting the ruling otherwise, with the husband downloading the appeal fees and clearing in the fees of the law between the two parties.

. “Al -Zahaba” is one of the gifts that have been known as part of the dowry.