This is a detailed comparison of the engagement provisions under the Federal Decree-Law No. 41 of 2024 on Personal Status (the new law) and the Federal Law No. 28 of 2005 on Personal Status, as amended (the old law):
1. Definition and Scope
2005 Law:
- Engagement was defined as a promise to marry between two parties.
- It was considered a pre-contractual stage, with no binding legal obligations to proceed with the marriage.
- Engagement could be terminated by either party without formal legal consequences.
2024 Law:
- The new law retains the concept of engagement as a promise to marry, with no binding legal effect on the eventual marriage.
- The focus remains on the non-binding nature of the engagement but introduces provisions to address disputes over financial consequences (e.g., gifts, dowry).
Key Difference:
- Both laws treat engagement as non-binding, but the 2024 law provides clearer guidelines for resolving disputes related to engagement.
2. Termination of Engagement
2005 Law:
- Either party could terminate the engagement at any time, without legal or financial penalties.
- No explicit provision was included for the return of gifts, dowry, or compensation.
2024 Law:
- Allows either party to terminate the engagement without penalties but includes specific provisions regarding:
- Return of Engagement Gifts:
- Gifts exchanged during the engagement (e.g., jewelry, cash) must be returned to the giver if the engagement is terminated, provided they are of significant financial value.
- Dowry Reimbursement:
- If a dowry (or part of it) was paid in advance, it must be refunded if the engagement ends before marriage.
- Return of Engagement Gifts:
Key Difference:
- The 2024 law formalizes the return of gifts and dowry in cases of terminated engagements, ensuring greater financial fairness.
3. Dispute Resolution
2005 Law:
- No specific provisions for resolving disputes arising from terminated engagements.
- Courts generally relied on Islamic jurisprudence and discretionary judgment to settle disputes over engagement-related claims.
2024 Law:
- Provides clear legal mechanisms for resolving disputes related to engagement termination, including:
- The right to claim the return of valuable gifts or dowry through court proceedings.
- Provisions to address situations where gifts were consumed or damaged.
Key Difference:
- The 2024 law introduces structured and detailed rules for resolving disputes, reducing reliance on judicial discretion.
4. Financial Consequences
2005 Law:
- Engagement carried no explicit financial consequences if terminated.
- Claims for compensation or recovery of gifts were generally not entertained unless explicitly agreed upon during the engagement.
2024 Law:
- Introduces provisions to address financial implications:
- Return of Monetary Contributions:
- Any significant monetary contribution by one party during the engagement can be claimed back if the engagement is terminated.
- Exclusion of Consumables:
- Gifts consumed during the engagement (e.g., flowers, meals, travel expenses) cannot be reclaimed.
- Return of Monetary Contributions:
Key Difference:
- The 2024 law explicitly defines which financial contributions can or cannot be reclaimed, providing greater clarity and fairness.
5. Applicability to Non-Muslims
2005 Law:
- Engagement provisions applied equally to Muslims and non-Muslims.
- Non-Muslims were generally subject to Islamic principles unless they invoked the personal status laws of their home country.
2024 Law:
- Offers flexibility for non-Muslims:
- Non-Muslims can request the application of their home country’s laws for engagement-related disputes.
- If no such request is made, the default provisions of the 2024 law apply.
Key Difference:
- The 2024 law provides non-Muslims with greater options to apply their own legal frameworks, aligning with the UAE’s multicultural context.
6. Moral and Ethical Considerations
2005 Law:
- Engagement was viewed as a moral obligation rather than a legal one.
- A breach of engagement carried no enforceable consequences, focusing instead on cultural norms and family expectations.
2024 Law:
- Retains the emphasis on the non-binding nature of engagement but introduces safeguards to prevent financial exploitation or unfair treatment.
- Focuses on transparency and fairness in resolving disputes, particularly those involving significant financial contributions.
Key Difference:
- The 2024 law formalizes engagement-related disputes, balancing cultural sensitivity with legal protections.
Summary of Key Differences
|
ASPECT |
2005 LAW |
2024 LAW |
|
Binding Nature |
Non-binding, moral obligation |
Non-binding, with financial dispute provisions |
|
Termination |
Allowed; less explicit scenarios regarding the return of gifts |
Allowed; requires return of significant gifts/dowry |
|
Dispute Resolution |
More discretionary; non-inclusion of potential contractual agreements regarding termination of engagements |
Clearer mechanisms for returning gifts and contributions + recognition of specific scenarios and types of gifts |
|
Financial Consequences |
No explicit financial provisions |
Defined rules for returning valuable gifts or dowry |
|
Non-Muslim Applicability |
Limited flexibility |
Greater flexibility to apply home country laws |
This comparison shows that Federal Decree-Law No. 41 of 2024 modernizes and formalizes engagement provisions, ensuring fairness in financial matters and providing greater clarity for dispute resolution.