Thursday, April 18, 2024

Living in Dubai

Marriage in UAE: Everything You Must Know for a Valid Marriage in UAE

Regarding marriage in UAE, All UAE nationals are subject to Federal Law No. 28 on Personal Status legislation. It will not apply to non-Muslim UAE nationals if there are particular provisions relevant to their community or confession. Non-citizens in the UAE are subject to the same Personal Status laws as citizens. They may, however, request that their own country’s laws be followed.

Also Read: Getting Married in Dubai: Consulting a Lawyer for Legal Marriage in Dubai

Definition of Marriage in UAE

Article 19 of Federal Law No. 28 on Personal Status defines marriage. Marriage is a contract that legitimizes enjoyment between spouses. Its goal is to protect and form a stable family under the husband’s care based on providing the spouses with the tenderness and compassion they assume their responsibilities.

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Essential Pre-Marital Requirements for Marriage in UAE

The following are the primary conditions for a successful marriage in the UAE applicable to both Muslims and Non- Muslims:

  • The bride’s approval.
  • At least one party to the marriage contract (husband, wife, or wife’s guardian) must hold a resident visa in the UAE to marry in Dubai. Both the bride and groom must be UAE residents in other emirates.
  • A valid premarital screening certificate for the couple from one of the UAE’s public health institutions. The UAE seeks to stop the spread of infectious illnesses like AIDS by making premarital screening mandatory.

Also Read: 10 Things to Keep in Mind While Dating in Dubai

Determination of Legitimacy of Marriage in the UAE

RECENT AMENDMENT OF 2020

Recently Amended Federal Law No. (5) of 1985 Concerning Civil Code with the Federal Decree-Law No. (30) of 2020, provide for the new law to determine the legitimacy of the marriage.

Article 12 (1) of Amended Federal Law No. (5) of 1985 Concerning Civil Code states that the law of the nation where the marriage was concluded should be applied to determine the substantive conditions for the legitimacy of the marriage.

However, the position was different before the recent amendment. Previously, for determining the legitimacy of marriage, the law of each of the spouses at the time of the marriage’s completion was referred to.

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About Islamic Marriage (Sharia Marriage) in the UAE

Muslim Marriage in UAE

Marriages can be consummated in the UAE by both natives and expatriates. Islamic weddings in the UAE are governed by Sharia law, which applies to the following situations regardless of nationality:

  • When the groom and bride are both Muslims.
  • When the husband is Muslim, and the bride is from ‘Ahl Al-Kitaab’; for example, a Christian. While the legislation allows a Muslim man to marry a non-Muslim woman, it forbids a Muslim woman from marrying a non-Muslim man unless he has proof of his conversion to Islam.
  • Polygamy is legal in the United Arab Emirates. A Muslim man may have four wives as long as he provides equal subsistence and care to all of them.
Requirement for Muslim Marriage in the Law

The following are the legal criteria for a Muslim marriage to be valid:

  • The marriage contract must be recorded at a Sharia court in the UAE.
  • The legal age for marriage is 18 Hijri years; else, a judge must approve the marriage.
  • A spouse’s age should not be more than twice that of the other; else, the judge must approve the marriage.
  • A certificate of premarital screening is required.
  • The couple’s presence is needed. The bride’s father or his proxy and two male Muslim witnesses must be present.
Conditions applicable to the woman (bride)
  • A woman must obtain the approval of her guardian to marry.
  • In the event of the death of a father, the presence of the next closest male guardian is needed. Such as an elder brother.
  • Women who have been divorced or widowed must show documentation of their marital status.
  • If the bride is Muslim, but her father is not, she will require a document from her embassy or consulate stating that there are no objections.
Conditions relating to Martial Screening

1. Medical Centre for Marital Screening
A marital screening test must be completed at one of the following medical centers:

  • Ministry of Health and Prevention
  • Abu Dhabi Department of Health
  • Dubai Health Authority

2. Marriage denial
If one of the parties suffers from one of the following conditions, the marriage application may be refused based on the medical screening certificate:

  • genetically inherited blood disease
  • Contagious disease.
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    Necessary Conditions for a Valid Marriage Contract

    Additionally, Article 38 of the UAE’s Personal Status Law establishes three requirements for a legal marriage. The following are the components of a marriage contract:

    1. The two parties to the contract (the husband and the Tutor):
    According to Article 39, with the permission of the capacitated woman’s Tutor, the authorized religious official will proceed with her marriage and get her signature on the contract. In the absence of a tutor, the contract is null and void. If a marriage has been consummated, the couples must be separated, and the birth child’s affiliation must be confirmed.

    The Tutor must be a male of sound reasoning, competent, not prohibited on pilgrimage and Muslim. For Example, The Tutor in Marriage is the father, followed by the agnates in the following order: son, brother, uncle.

    2. The Object:
    The bride shall not be permanently or provisionally barred from marrying the guy. There shall be no legal barriers to the couple’s marriage, and there shall be no interference with their marriage.

    3. Offer and Acceptance of the marriage proposal:
    According to Article 41 of the Personal Status Law, a legal marriage requires:

  • An offer of marriage made by one of the parties to the wedding, and Acceptance of such a proposal.
  • The term “marriage” must be used explicitly.
  • The acceptance should match the offer, either explicitly or implicitly, with the parties retaining their capacity until the contract is formed.

    According to Sharia Law, the proposal and acceptance must be made in the presence of two (2) competent male Muslims who have reached puberty age, or one male and two female witnesses who are sane adults and Muslims.

    Entities in Charge of Completing Islamic Marriages

    Judicial agencies and Sharia courts in the UAE and approved marriage officials (Mazoons) in each emirate perform Islamic weddings.

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    Non-Muslims Marriage in the UAE

    Non-Muslim Marriage in UAE

    Non-Muslims can complete their marriage requirements at:

  • Their country’s embassy or consulate in the UAE, or
  • a temple or church according to their religion.
  • Some countries require individuals to file an intent to marry their embassy or consulate in the UAE. You should verify with your embassy and proceed as necessary. The marriage must be registered in both parties’ embassies in the UAE.

    The purpose of this article is to provide an overview of the subject. Dubai Court Marriage provides marriage counselling services to Muslims and non-Muslims and excellent services relating to marriage procedures in the United Arab Emirates.

    Additionally, as one of our specialities, we can conduct marriage counselling with you. We can assist you in the processing of the necessary paperwork required to start the marriage process. We can guarantee a high-quality service because we have over a decade of experience on our side.

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