Traditionally, marital procedures for Muslims in the UAE have been governed by Sharia Law, specifically under the Federal Personal Status Law No. 28 of 2005. This law covers familial matters such as marriage, divorce, inheritance, and custody.
Islamic Sharia Law serves as a foundational legal framework in the UAE, transcending national borders. It provides detailed guidelines on procedural aspects, proportions, and considerations based on gender and familial relationships. As a result, Muslim individuals are required to adhere to these principles when proceeding with marriage, including obtaining fatherly permission.
While the Federal Personal Status Law No. 28 of 2005 remains central for the Muslim majority in the UAE, aligning with Islamic norms, the UAE has recognized the diverse legal needs of its non-Muslim expatriates. This led to the introduction of Federal Law No. 41 of 2022, which aims to modernise familial matters to accommodate the evolving landscape as the UAE attracts foreign investment and residency. Many individuals now have the option to marry according to the Dubai Civil Code, which governs all civil matters, trials, and proceedings involving civilians.
In this article, we will discuss the regulations related to marriage for Muslims who wish to marry under Civil Law rather than Sharia Law.
Rules for UAE National & Muslim Marriages According to Sharia Law:
Spouse Religion:
Both the husband and wife should be Muslim. Alternatively, a Muslim man can marry a non-Muslim woman if she is ‘Ahl-Al-Kitaab’ (Christian, Jew, etc.). A Muslim woman is not permitted to marry a non-Muslim man unless he has converted to Islam.
Age and Residency:
The legal age of marriage is 18 years (18 Hijri years). No spouse can be double the age of the other. Deviations from these rules require special approval from a judge. Additionally, one of the spouses should be a resident in Dubai/UAE.
Parental Consent:
The wife must obtain consent from her father and he must be present at the court wedding. Alternatively, his proxy, her legal guardian, or her elder brother may be present alongside two male witnesses. If the wife does not have any male relatives, she must obtain a ‘No Objection’ letter from the Court Judge.
Polygamy:
According to Sharia Law, a man is allowed to have up to four wives, provided he can financially and emotionally support all of them.
Pre-marital Screening and Examination:
To ensure the couple does not produce children with genetic disabilities or diseases, it is mandatory for every couple registering their marriage to obtain an official certification from the Dubai Health Authority or the Department of Health in Abu Dhabi, stating they are medically fit.
Process of Marriage by Sharia Law:
- Submit an E-Application on the Dubai Court website ‘Marriage Contract’ and pay the required fees.
- Contact Accredited Marriage Officers ‘Mazoons’ authorised by the judicial department.
- Receive the approved E-Certificate which certifies the marriage.
What about Marriage by Civil Law:
In some cases, individuals may wish to marry under Civil Law instead of Sharia Law, particularly if they want to marry a spouse who is neither a UAE national nor a Muslim.
Articles (5) and (6) of Federal Decree-Law No. (41) of 2022 on Civil Personal Status stipulate the following rules for both the husband and wife:
– Must be at least 21 Gregorian years old.
– Must have no other current marital or sexual relations.
– Must sign a disclosure form outlining marital rights.
– Must not have any blood relation to each other. (cannot be cousins, siblings, etc.)
– May be interfaith.
– Polygamy is not permitted.
Process of Marriage by Civil Law:
- Submit an application form and abide by the disclosed rules and regulations.
- Appear before an authorised judge, sign the form with discussed rights of the husband and wife related to their marital period (post-divorce rights, joint custody of minor children, prenuptial agreements, extra-marital relations/previous divorces).
- The Executive Regulations of this Decree-Law specify the approved bilingual contract form for civil marriage. Both the husband and the wife must acknowledge, consent, and finalize the terms.
- The authentication judge will authenticate the marriage contract, which will be recorded in the register prepared for this purpose.
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