Legally Prescribed Waiting Period in the UAE Personal Status Law

Ms. Shahad Zayed Al Shamsi

Marital life holds significant importance and is afforded considerable care and protection by both Sharia and the law. However, it may be subject to circumstances that lead to its dissolution, such as death or divorce. In recognition of the need to protect the family and serve the broader interests of society, the Divine Lawgiver instituted the legally prescribed waiting period, which carries intrinsic value. It serves to safeguard family bonds and address the consequences of marital relationships, both legal and social. The legislator has paid special attention to this period, deriving its provisions from Islamic Sharia while incorporating legal frameworks that ensure the stability and well-being of the family.

The law mandates the legally prescribed waiting period in cases of divorce or death, provided that the marriage is valid—even if it was not consummated. In the event of death, the waiting period begins from the date of the husband’s death. In judicial divorce cases, it is calculated from the date the ruling becomes final. If divorce is established by acknowledgment or evidence, the period is calculated from the date it is officially recorded in court, and the date of acknowledgment is considered unless proven otherwise. In all such cases, a woman may not remarry before the waiting period has concluded.

Given that childbirth is a natural outcome of marital life, the law places particular importance on the waiting period. For a pregnant woman, it ends upon delivery or miscarriage. For a non-pregnant woman, the duration varies as follows:

• Three menstrual cycles for women who menstruate.

• Three lunar months for women who do not menstruate, either due to age or other factors.

• If menstruation occurs during the waiting period, it is calculated from the first clean interval following the menstruation.

In the case of a woman whose husband dies and who is not pregnant, the legally prescribed waiting period is four months and ten days, in accordance with Islamic Sharia, regardless of whether the marriage was consummated.

If the husband dies while the woman is observing the waiting period following a revocable divorce, the woman transitions to the waiting period applicable to widowhood, and any part of the previous period is not counted.

In cases of judicial divorce initiated by the wife in exchange for compensation (commonly referred to as khulʿ), annulment, or irrevocable divorce, the woman must complete the original legally prescribed waiting period, and does not observe the period for widowhood—unless the divorce was issued during the husband’s terminal illness without her request. In that case, the longer of the two waiting periods applies.

The waiting period for divorce must also be observed if consummation occurred under an invalid marriage contract and the husband subsequently dies.

If one of the spouses dies while an appeal or cassation is pending, the waiting period is calculated from the date the ruling was issued.

From all of the above, it is clear that the provisions of Islamic Sharia are harmonious and aligned with the interests of family relationships. The legally prescribed waiting period serves as a means of ensuring the absence of pregnancy, allowing emotional reflection, preventing harm, and honoring the dignity and status of women—thus achieving a balance between benefit and protection.