Many people wonder about the details of the marriage law in the UAE. Whether they are Emiratis or residing in the UAE; To complete the marriage procedures in the Emirates. And if you are one of these; We will dedicate this article to talk about all the details related to the law and procedures for marriage in the Emirates according to the latest legal updates and the latest decree of the Federal Law on Status.
According to the UAE Marriage Law; An engagement is a request and a promise to marry and is not considered marriage. It is forbidden to engage the forbidden woman even if the prohibition was temporary with the end of Ihram. At the same time, exposure may be a sermon in the meantime of death.
The engagement may be abandoned; In this regard, the law in the UAE has clarified some rules and mechanisms that facilitate and regulate the procedures for breaking the meeting, whether concerning recovering the dowry or gifts exchanged between the two parties. Among the most important of these controls are:
1- Both parties have the right to withdraw from the engagement. In the event of harm resulting from one of the parties’ unjustifiable abandonment of the meeting, the other party has the right to claim compensation for the damage incurred. The one who caused the reversal takes the equitable judgment.
If one of the parties abandons the engagement or dies, he shall recover the dowry he paid in kind or its value on the day of arrest if it is not possible to return it in kind. If the fiancée buys a device for the amount or part of her dowry, then the suitor adjusts; she can choose between replacing the dowry or handing over the device’s equivalent at the time of purchase.
The dowry includes gifts that are customarily considered to be from him, and therefore must be returned in case of abandoning the engagement. But if one of the parties leaves the meeting and there is no condition or custom regarding gifts, then if it is unjustified, he has no right to take back anything he gave to the other, and the other has the right to take back what he gave.
But if the relinquishment is by reason, he may recover what he gave if it was present, or its value on the day of capture if it was perishable or consumed, and the other has no right to recover anything.
If the sermon ends with a return from the two parties, each of them takes back what he gave to the other, if any.
And if the wedding ends with death, or because one of the parties has no control over, or an object that prevented the marriage, nothing of the gifts shall be recovered.
Proceeding from the preceding, we find that the marriage law in the UAE has covered all the details related to the terms of the engagement and the cases of its annulment, leaving no room for discord or quarrels. Below we move on to discuss the details of the law on marriage in the Emirates.
The marriage law in the Emirates defines the dowry as what the husband provides from the money provided for marriage, and there is no limit to the minimum. Most of it is subject to the law determining dowries. The dowry is the woman’s property, who can dispose of it as she wants, and any contrary condition is not considered. The dowry may be accelerated or postponed in whole or in part at the time of the contract.
The dowry must be in the valid contract, and it is all confirmed by entering the correct seclusion or death, and the deferred one is resolved by death or Baynunah. Whereas, before consummation, the divorced woman is entitled to half the dowry if it is named. Otherwise, the judge shall award her a pleasure that does not exceed half the dowry of the same.
The wife has the right to refrain from entering until her dowry is paid to her. If the wife consents to consummation before she receives her dowry from the husband, then it is a debt that he owes.
In this regard, the law in the UAE stipulates that marriage is a contract that resolves the enjoyment of one spouse by the other legally. Its goal is immunity and the establishment of a stable family under the husband’s care, based on ensuring that they bear the burdens of this marriage with affection and mercy. This meaning applies, and the marriage is considered valid unless the spouses breach the terms of the marriage contract, which we can summarize below.
The UAE Marriage Law has not neglected to specify the primary conditions for valid marriage procedures. Among the most important of these conditions we find:
The UAE Marriage Law has not neglected to specify the standard and reciprocal rights between spouses or owed to each party within regulating the responsibilities between them. You can learn about these rights as follows:
After we get acquainted with marriage and its conditions, we must learn about the procedures for marriage in the Emirates, which must be adhered to and observed until the marriage is officially documented. The following is a list of guidelines for writing a marriage contract in the UAE.
The UAE Marriage Law states that the latter contains three main pillars:
1- The two parties (the husband and the guardian).
2- shop
3- Offer and acceptance.
An adult woman does not undertake marriage procedures on her own, according to the UAE Marriage Law. Instead, the guardian of the adult woman undertakes the contract of her marriage with her consent, and the authorized signer signs the contract.
The marriage contract without a guardian is invalidated, and if the husband enters into it, a difference is made between them, and the child’s lineage is established.
The marriage law in the Emirates defines the guardian in the marriage procedures as being the father and then the abusive himself to arrange the inheritance, a son, then a brother, then an uncle. If two guardians are equal in proximity, which takes over the marriage on its terms, it is permissible, and the fiancée must authorize him.
Of course, the law specified some conditions that the guardian must meet. It is required that he be a male, sane, adult, not in a state of Ihram for Hajj or Umrah, and a Muslim if the guardianship is over a Muslim.
In the event of the absence of the nearest guardian in a discontinuous absence, or his whereabouts are unknown, or he is unable to contact him, the guardianship is transferred to the next guardian with the judge’s permission.
The UAE Marriage Law permits power of attorney in the marriage contract. The agent may not marry his client to himself unless it is stipulated in the agency. If the agent in the marriage exceeded the limits of his agency, the contract was suspended.
As we have already mentioned, offer and acceptance are among the primary conditions of a marriage contract in the Emirates. In the offer and acceptance in the marriage contract, specific characteristics must be met for the contract to be valid, and the most important of these conditions are:
As for the witnesses to the marriage contract in the Emirates, the following are required:
According to the marriage law in the Emirates, the alimony includes food, clothing, housing, medicine, and service for the wife, if she is one of those who serve her family, and what is required by the marital relationship in a reasonable manner.
In estimating the alimony, the capacity of the spender, the condition of the spender, and the economic situation in time and place shall be taken into account, provided that it is not less than the sufficiency limit. Of course, alimony may be increased or decreased according to changing circumstances.
The UAE Marriage Law stipulates that alimony is required for the wife. So that the wife’s maintenance is obligatory for her husband according to the valid contract if she surrenders herself to him, even if legally. The alimony does not fall on the wife except by performance or acquittal.
In the event of a revocable or irrevocable divorce; The alimony and housing are obligatory for the iddat through a revocable divorce, and the iddat is due from an irrevocable divorce while she is pregnant, just as the iddat is required from an irrevocable divorce when she is not pregnant only. While there is no alimony for the waiting period, she is entitled to live in the marital home for the period of the waiting period.
As for the abolition of the wife’s alimony, it does not happen except in some cases, which are:
Proceeding from the preceding; We have become acquainted with the marriage law in the UAE; Starting from the definition of the engagement, dowry, and marriage, passing through the conditions of marriage and the requirements for its dissolution, down to the marriage procedures, contract form and details of alimony. This gives you accurate knowledge of all stages and processes of marriage in the UAE.
If you want to see more information or articles of the marriage law based on the personal status law in the UAE. You can also view the latest decree of the Personal Status Law and the articles related to marriage law in the UAE from here.
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