New UAE Personal Status Law: Alimony to Wife

Under UAE law, alimony or spousal support is one of the major legal obligations of the husband toward his wife, which has been hugely dictated by the Shariah principles and has over time been instituted into UAE law to hold for many years. The newly promulgated UAE Personal Status Law, No. 41 of 2024, effective April 15, 2025, restates and clarifies these obligations largely along the lines laid down by the old 2005 Personal Status Law.

Legal Basis for Alimony

The new Personal Status Law puts Article 49, stating that the husband is obliged to pay alimony to his wife. This law further states the meaning of alimony as provided under Article 95: “A right to who it is deserved, which includes the basic necessities and needs, such as food, clothing, housing, treatment, and education, as is customary.”

Article 99 further explains that the husband shall support his wife even if she is independent, meaning alimony is a legal obligation that emanates from the contract of marriage and is not strictly based on disparity in financial capability between the two spouses.

Revocation of Alimony

While the law provides for the wife’s right to alimony, it enumerates certain cases upon which such a right shall be lost. Article 103 details the instances when the wife loses her right to alimony as follows:

  • If she abstains from her husband or self-prohibits without a lawful excuse.
  • If she refuses to move into or reside in the marital home without a lawful excuse.
  • If she refuses to travel with her husband without a lawful excuse.

Exceptions to the Loss of Alimony

Even though these are the usual cases wherein alimony is lost, there are also some exceptions. For example:

  • The marriage contract can stipulate that the wife can live in any other place separate from her husband, which removes the compulsion of cohabitation.
  • The law may also allow her to refute staying in the matrimonial house and to stay away from performing the conjugal relationship if her husband is abusive and it poses danger to the wife’s life.

Alimony and the Right to Divorce

If the husband fails to pay the alimony, the wife, who can demonstrate a lawful excuse for not living with her husband, can take action against him. According to Article 77, if he fails to pay her for 30 days, she can ask for the divorce.

Conclusion

Although the new Personal Status Law retains most of the previous provisions on alimony, it explains and enforces the legal rights of a wife more clearly. It makes certain that the husband’s financial obligation to his wife remains a priority, with clear conditions under which alimony may be revoked or upheld.

New UAE Personal Status Law: Child Custody

The UAE has introduced significant amendments to its Personal Status Law through Federal Decree Law No. 41 of 2024, which will come into effect on April 15, 2025. These amendments impact various aspects of custody, emphasizing the best interests of the child as the guiding principle for all custody-related decisions. Below, we break down the key changes and their implications under the new law.

1. Custody When the Child and Custodian Are of Different Religions

One of the major updates in the new law concerns custody of Muslim children whose mothers follow a different religion. Previously, the law only allowed the mother to retain custody until the child turned five years old. However, under Article 113.8 of the new law, there is no longer an age limitation. Instead, the Court will assess custody based on the best interests of the child, regardless of the religious background of the custodian. This ensures a case-by-case approach rather than a fixed rule limiting custody due to religious differences.

2. Right to Choose Custody at Age 15

A major shift in the law now grants children the right to choose which parent they wish to live with upon reaching the age of 15. Previously, custody decisions were solely at the discretion of the Court. Now, Article 122 of the law expressly codifies this right, removing judicial discretion in such cases. This amendment also applies retroactively in cases where a final judgment has not yet been issued, granting more autonomy to children in ongoing custody disputes.

3. Custody Ends at Age 18

Under Article 123 of the new law, custody automatically ends when the child turns 18, except in cases where the child is disabled and requires continued custodial care. This is a significant change from the previous law, where custody for mothers ended at 11 years old for boys and 13 years old for girls. With this new provision, the law removes gender-based custody distinctions and ensures that children remain with their custodians until adulthood. Furthermore, once custody ends at 18, the child can choose to live independently.

4. Requirements for Custody

The new law sets out specific requirements for an individual to be eligible for custody. These include:

  • The custodian must be at least 18 years old if a parent or 21 years old if another relative.
  • Full mental capacity is required.
  • The custodian must be able to raise, protect, and care for the child, including overseeing their education.
  • If the mother remarries, she may lose custody unless the Court rules otherwise in the child’s best interest.
  • If the father has custody of a daughter, an adult female must be present in the household to provide care.
  • The custodian must have no criminal record for crimes related to assault on honor.
  • There must be no history of substance abuse.
  • The custodian and child should ideally share the same religion, but the Court has discretion to rule otherwise based on the child’s best interests.

These conditions, outlined in Article 113 of the law, provide a structured framework for determining custody and ensuring the child’s welfare.

5. Losing Custody: Conditions and Implications

Custody may be revoked under Article 115 of the new law if:

  • The custodian moves to a place that compromises the child’s best interest.
  • The custodian engages in immoral behavior that negatively impacts the child.
  • The custodian neglects or becomes unable to perform their custodial duties.
  • Custody is not claimed for more than one year from the date of knowledge.
  • The custodian resides with someone whose custody was previously revoked.
  • Any of the original conditions for custody eligibility are no longer met.

If custody is revoked, the affected party may regain custody if the issue that led to the revocation is resolved, ensuring fairness and adaptability in changing circumstances.

6. Guardianship vs. Custody: Understanding the Difference

The new law maintains a clear distinction between guardianship and custody, which is crucial for parents navigating custody disputes.

  • Guardianship: Typically granted to the father, it involves responsibility for the child’s financial welfare, including housing, education, and healthcare. It also includes supervising, guiding, and teaching the child. Guardianship ends when sons become self-sufficient and when daughters either marry or secure employment.
  • Custody: By default, custody is granted to the mother, focusing on the child’s daily care, upbringing, and protection. The mother also has an automatic right to make educational decisions for the child.

The law ensures that both parents play an active role in the child’s life, with an emphasis on what serves the child’s best interests.

Conclusion: A Progressive and Child-Centered Approach

The UAE’s new Personal Status Law marks a significant evolution in family law by prioritizing the well-being of children over rigid legal structures. With changes allowing children to choose their custodian at 15, extending custody until 18, and removing religious limitations on custodianship, the law reflects a more adaptable and child-centric approach. These reforms align with the broader legal modernization efforts in the UAE, ensuring that custody laws remain relevant and fair in today’s evolving societal landscape.

New UAE Personal Status Law: Marriage and Role of Guardian

The new UAE Personal Status Law No. 41 of 2024 comes into effect on 15th April 2025, marking the introduction of major changes to the marriage regulations in the country. Specifically, the new law redefines the guardianship role for marriage approval, prioritizing a woman’s self-choice in any marriage process.

Key Amendments in the New Law

Article 24 of the new Personal Status Law entrusts the Court, not a single judge, with the responsibility of approving a marriage request in case of the objection of a woman’s guardian. More importantly, however, a guardian’s objection—a father’s included—has lost its legally binding force. In its place, the Court is under obligation to approve the marriage so long as the woman:

  • Is satisfied that she wishes to marry the man, and
  • Accepts his dowry.

Additionally, any interested party may submit the marriage request, such as:

  • The future groom
  • The woman’s mother, sister, or brother

Furthermore, the Court has the authority to:

  • Transfer guardianship to another individual if the current guardian unjustifiably prevents the marriage.
  • Authorize another person to conclude the marriage contract in the guardian’s place.

How This Differs from the Previous Law

Under the old Personal Status Law, it was more discretionary, and a guardian could prevent a marriage in certain cases. To wit:

  • Article 30.3 allowed any person who had completed the age of 18 years to request permission from the judge to marry if his guardian refused.
  • Article 30.4 required the judge to summon the guardian to present their objection. If the guardian failed to appear or lacked a valid objection, the judge could approve the marriage.
  • Judges had broad discretion to assess the validity of a guardian’s objection, which could lead to delays or subjective rulings.

Implications of the New Law

The new Article 24 in the Personal Status Law removes the cause for objection by a guardian and instead renders the personal will of the woman as the sole criterion for approving marriage. This diminishes the role of the guardian, empowering the Court to facilitate the marriage if necessary. This change marked one of the progressive steps in UAE family law in the following way:

  1. It distanced the need for the guardian’s consent to validate the marriage.
  2. Approvals of marriages are given to the Court not a single judge.
  3. Respecting the autonomy of the woman where the Code only requires her conviction in the marriage, as well as the acceptance of the dowry.
  4. The right of third-party requests, such as the mother or sibling, when there is an undue influence on the part of the guardians who object to it.
  5. Providing mechanisms for guardianship transfer when a guardian unjustifiably prevents a marriage.

Conclusion

These changes represent a significant transformation in the UAE’s marriage laws, firmly establishing the principle of a woman’s choice of spouse. Removing impediments through guardianship objections and making smooth the process by which marriages get approved has been a new development in modernizing the United Arab Emirates’ legal framework while insuring equity and self-determination in personal status matters.

With Law No. 41 of 2024 coming into effect in April 2025, residents and UAE citizens alike will benefit from a more transparent, fair, and efficient marriage process.

New UAE Personal Status Law: Proving Lineage

The UAE Personal Law No. 41 of 2024, effective April 15, 2025, ushers in a sea change in the way lineage may be proved when paternity or maternity is denied. These changes ease the burden of court procedures and bring the law abreast of the times.

Key Changes in Proving Lineage

1. DNA Testing as an Unconditioned Option
Under the New Law, Article 87 provides that proof of lineage through DNA testing is now a standalone and unconditioned method. Whereas, under the Old Law, Article 89 had provided supplementation by way of proof of filiation and having slept with the alleged parent before it would even resort to DNA testing.

  • Old Law: DNA testing was allowed, but only when there was previously an ‘established relationship’ which was fertile.
  • New Law: The party may demand DNA testing outright without the necessity of any ancillary proofs showing a prior relationship.
  • Impact: It eliminates a large hurdle that normally faces those who try to establish either paternity or maternity.

2. Deathbed Declaration of a Child
Article 89.1 allows for the recognition of a child even in the final stages of life, provided certain conditions are met:

  • The declarant is at least of age and in full use of his faculties and not under duress.
  • The child’s filiation is unknown.
  • The person to whom such declaration was made, if of sound mind and of full age, confirms such statement.
  • The interval between the date of birth and that of the declaration is such that the declarant could be the parent.

Besides, the Court can order the DNA test, if needed (Article 89.2). This is a significant improvement from the former Old Law, where DNA tests are not mentioned explicitly in its Article 92.1.

3. Apellido Paternal can now be acknowledged
Under the Old Law, Article 92.2, even when the child’s lineage was established, it did not extend to the child’s grandfather, the father’s father. This has been deleted under the New Law, which would suggest that lineage can now extend to the paternal grandfather.

4. DNA Testing in Extraordinary Circumstances
Under Article 90, there is a new provision enabling the Courts to order DNA testing in exceptional circumstances, including:

  • Cases of mix-ups of newborn babies in hospitals
  • Accidents or disasters
  • Disputes relating to a child’s lineage
  • Application of the relevant authorities

This ensures, in cases where there might have been identity mix-ups or controversies, the authenticity of identity on legal matters.

5. Denial of Paternity is Now More Difficult
Previously, the Old Law allowed for a father to deny paternity within seven days of birth, and after such time, an action needed to be brought in Court within 30 days. The New Law (Article 93.1) limits such period to read:

A father now must file a Court action within 15 days of learning of the birth.
If no filing within the time limit, paternity is automatically established.
The above law is very applicable in situations when the couple is still lawfully married but the spouses are separated and the mother lists the husband as the father on the child’s birth certificate.

6. DNA Testing for Paternity Denial Cases
When the father starts a Court process to deny his paternity under the New Law, Article 94.1 & 94.2 in the following steps:

  • The case will be ordered by the court if the mother agrees to it, on the basis of DNA test results, or if not, the mother refuses the same.
  • Under the Old Law, DNA testing was not a primary method of resolving such disputes. The New Law formally integrates DNA testing, making it a key factor in determining lineage.

What This Means for Families in the UAE
The new provisions significantly modernize lineage-related laws, ensuring that scientific evidence plays a central role in resolving disputes. By:

  • Eliminating outdated proof-of-relationship requirements before DNA testing.
  • Recognizing grandparental lineage in confirmed cases.
  • Legal clarity in cases of hospital mix-ups and extraordinary cases
  • Paternity denial claims take less time.

The new Personal Status Law No. 41 of 2024 shows that the United Arab Emirates continues its approach towards modern, evidence-based laws in regard to judicial procedure, strengthening individual rights while keeping judicial intervention at the core. Beginning in April of 2025, individuals in lineage disputes will encounter a more direct, scientifically based law to handle their case.

New UAE Personal Status Law: Asset Distribution & Division

The new UAE Personal Status Law, No. 41 of 2024, introduces significant changes to the distribution of assets amassed by spouses during their marriage. Effective from April 15, 2025, this law explicitly recognizes contributions of each spouse toward the growth or acquisition of wealth during the marriage, a concept previously absent from the legal framework. It would appear that the form of spousal contribution is not only confined to financial contribution but rather presupposes other forms of contributions. Which could include time, intellectual property, other forms of resources and the like.

Key Provisions of Article 51
Article 51 of the new Personal Status Law provides for different scenarios as regards asset ownership and contributions:

1. Independently Owned Assets:

  • Assets acquired individually by one spouse are held to be separate property and not shared or mutually dependent.

2. Wife’s Assets:

  • Any assets or money accumulated solely by the wife remain entirely her property.

3. Assets Contributed to Jointly:

  • If one of the spouses contributes to an increase in wealth or to the acquisition of property during the marriage, both spouses have a claim against the contributed share. This claim exists not only against the other spouse but also against the inheritors or beneficiaries of the other spouse’s estate.

Implications of Article 51

1. Independent of Divorce Proceedings:

  • Article 51 is situated under the heading “Marriage” and not under “Divorce” or “Alimony,” which provides the right to a spouse to make claims independent of divorce.
  • However, it is envisioned that this article will, in practice, be invoked more often in divorce cases since the issue directly relates to the partition of estates and property.

2. Claims in Probate Proceedings:

  • The law has clearly provided that claims can be filed at the time of inheritance. In such a case, the spouse, or even an ex-spouse, can claim against the contribution made towards others’ wealth or estates.
  • This will amount to unjust enrichment if the inheritors of one spouse takes the contribution of the other spouse unduly. Article 253, Personal Status Law allows for criminal liability against persons concealing, damaging, or fraudulently taking for himself the whole or part of money forming part of an inheritance and provides for sanctions involving imprisonment and/or fine of AED 5,000 to AED 100,000.

Need to Identify Contribution

Historically, UAE law did not provide explicit recognition for contributions by one spouse toward the other’s assets. This means that even if a wife contributes 50% toward, say, some property, at the time of divorce, informal claims would become necessary to show her share of ownership. By introducing this rule, the law now formalizes such claims through clear legal entitlement of spouses with contributions, both financial and not, to protection of such participation.

Legal and Practical Implication

Article 51, along with other provisions, has marked an important milestone in the pursuit of equity in the distribution of both marital and post-marital assets. By giving formal recognition to spousal contributions, whatever their type may be, the law has provided a robust framework for addressing disputes relating to jointly amassed wealth with fairness and accountability in divorce and inheritance cases.

New UAE Personal Status Law: Child Support

The UAE’s new Personal Status Law, Federal Decree Law No. 41 of 2024, effective from April 15, 2025, updates and provides clarifications concerning child support obligations. Two important articles set the rules for financial responsibilities and how support may be claimed: Article 106 and Article 111.

Article 106: Father’s Financial Obligations
Under Article 106, the father’s fundamental responsibility is providing for their children financially. Despite the structure almost being similar as the old law, the new provisions have emphasized that a few salient amendments:

1. Coverage of Support

  • The father must support the children until they can support themselves.
  • Regarding girls, in particular, support terminates upon marriage or entering into an employment contract.
  • For boys, this is until they reach an age where they are able to work, unless they are studying with success.

2. Support for Adult Children with Disabilities

  • Fathers have to continue support for adult children who have disabilities if they cannot generate an income.

3. Ensuring Basic Needs

  • Even when a child is receiving an income, the father has to continue providing financial support if the income received is not adequate to cover the needs of the child.
  • If the mother is not in a position to breastfeed the child, then the father is obliged to pay for breastfeeding.

4. Parent Unable to Support

  • If the father is unable to support the child financially, the mother has to contribute if she is capable of doing so.
  • She could claim from the father, if he is able to pay later, provided the expenses she incurred were certified by him or by the court.

Article 111: Claim for Maintenance

Article 111 regulates how to file claims for child support and provides certain limitations to bring forth clarity and equity:

1. Retroactive Claims

  • The claims of support arrearages are limited to no more than one year before the date the case is filed.

2. Claims for Other Relatives

  • As to other relatives, such as parents or dependents, liability begins on the date of filing.

Key Takeways

The new Personal Status Law prioritizes the welfare of the children while introducing clearer guidelines on the financial responsibilities and claims of each party. By emphasizing that children’s basic needs must always be met and providing mechanisms for reimbursement and ongoing support, the law guarantees a more robust approach toward the rights of children in the UAE.

This revised law emphasizes that in all conditions, the welfare of the child has to be considered, while it also confirms the UAE’s approach to family stability and financial liability.

New UAE Personal Status Law: Guardian Consent for Marriage

The Federal Decree-Law No. 41 of 2024 marks a significant step forward in accommodating the diverse personal status needs of Muslim residents in the UAE. For the first time, non-citizen Muslim women now have the option to apply the personal status laws of their home countries, allowing for greater flexibility in matters such as marriage. This development provides an avenue for Muslim women to marry without guardian consent if permitted under their home country’s legal framework, all while respecting the UAE’s cultural values and public order principles. For those who prefer to follow UAE law, traditional provisions, such as the guardian’s role, remain in place. This balance of inclusivity and respect for tradition ensures that the UAE continues to be a welcoming and progressive environment for its diverse population.

Key Provisions of the 2024 Law on Marriage

1. General Rule for Marriage:

  • Federal Decree-Law No. 41 of 2024 allows non-citizens (including Muslims) to request the application of their home country’s laws for marriage, divorce, and other personal status matters.
  • If no such request is made, the provisions of the UAE law will apply by default.

2. UAE Law’s Default Rule:

  • For Muslims, the marriage process under the default provisions is governed by Islamic Sharia principles, which traditionally require:

    • A male guardian (Wali) for the bride to consent to her marriage.
    • Exceptions to this rule being adjudicated on a case-by-case basis by UAE courts.

3. Flexibility for Non-Citizens:

  • Non-citizen Muslim women residing in the UAE may choose their home country’s laws for marriage, bypassing UAE’s default Sharia-based rules if their home country’s laws:

    • Do not require guardian consent.
    • Allow the bride to act independently in contractual agreements such as marriage.

4. Guardianship Waivers:

  • In cases where the bride applies UAE law but disputes the need for guardian consent, UAE courts retain the discretion to waive this requirement under certain conditions:

    • If the woman is considered mature, capable, and of sound mind.
    • If the guardian’s refusal to consent is deemed arbitrary or unjustified.

Key Changes from the Previous Law (Federal Law No. 28 of 2005)

  • 2005 Law:

    • Guardian consent was mandatory for Muslim women under Sharia principles.
    • Non-Muslims could apply their home country’s laws, but Muslim women (citizens and non-citizens) were strictly required to adhere to Sharia requirements.
  • 2024 Law:

    • Introduces greater flexibility for non-citizen Muslims to apply their home country’s laws, including provisions that may not require guardian consent for marriage.
    • Retains Sharia principles for those who do not explicitly request to apply foreign laws.

Scenarios for Muslim Women Residents

1. Non-Citizen Muslim Women Choosing Their Home Country’s Laws

  • Case: A Muslim woman from a country where the law permits her to marry without guardian consent (e.g., Turkey or the US or the UK).
  • Analysis:

    • The woman can request her home country’s laws to apply in the UAE.
    • If her home country’s laws explicitly allow independent marriage decisions, UAE courts are likely to recognize this.

2. Non-Citizen Muslim Women Applying UAE Law

  • Case: A Muslim woman resides in the UAE and does not request her home country’s law.
  • Analysis:

    • The marriage process will follow the UAE’s Sharia-based provisions.
    • Guardian consent remains the default requirement.
    • If the woman contests the guardian’s refusal, the court may:
    • Waive the guardian’s consent if deemed arbitrary or without valid Sharia justification.
    • Uphold the requirement if the court finds the guardian’s objection legitimate.

3. Non-Citizen Muslim Women in Interfaith Marriages

  • Case: A Muslim woman seeks to marry a non-Muslim man.
  • Analysis:

    • UAE law prohibits Muslim women from marrying non-Muslim men under Sharia principles, regardless of guardian consent.
    • Non-Muslim laws (if applied) may allow such marriages, but courts will reject them if they conflict with UAE public order.

Challenges and Practical Considerations

1. Court’s Role:
Even when applying foreign laws, UAE courts maintain oversight to ensure the provisions align with UAE public order and morals. This could limit the applicability of certain home country laws that contradict Sharia or UAE norms.

2. Documentation:
Non-citizen women requesting their home country’s laws must provide authenticated and translated versions of their legal provisions, which can delay or complicate the process.

3. Cultural Sensitivities:
Muslim families in the UAE may continue to adhere to traditional norms, regardless of legal flexibility, potentially discouraging women from pursuing independent marriage decisions.

Conclusion

Under Federal Decree-Law No. 41 of 2024, Muslim women who are non-citizens residing in the UAE have greater legal flexibility regarding marriage without guardian consent. Specifically:

1. By Applying Home Country Laws:

Non-citizen Muslim women can marry without guardian consent if their home country’s laws permit it. UAE courts are likely to honor these laws unless they conflict with UAE public order.

2. By Applying UAE Law:

Guardian consent remains the default requirement, but UAE courts may waive it if the guardian’s refusal is arbitrary or unjustified.

This legal reform represents a progressive step towards inclusivity for Muslim women residents in the UAE, although traditional Sharia-based principles still govern cases where no alternative law is invoked.

New UAE Personal Status Law: Muslim Residents Opt-out of Sharia

The Federal Decree-Law No. 41 of 2024 on Personal Status has introduced provisions that enable Muslim residents in the UAE to apply their respective personal status laws of their own countries, even if such laws are not based on Sharia principles. This, therefore, represents a radical change in approach, making the UAE’s legal framework more inclusive and accommodating for its multicultural expatriate population.

Key Provision: Choice of Law

1. Applicability of Home Country Laws

  • The law explicitly permits non-citizens, including Muslim residents, to request the application of their home country’s personal status laws with regard to marriage, divorce, custody, and inheritance.
  • This shall be requested by one or both parties and is subject to the acceptance of the court, provided that it does not conflict with UAE public order and morals.

2. Recognition of Non-Sharia-Based Laws

  • The law does not limit Muslim residents to Sharia principles when applying their home country’s laws, as long as these laws:
    • Are legally applied in the resident’s home country.
    • Do not conflict with the UAE’s public policy or basic principles of society.

Scope of Application

1. Marriage

  • 2005 Law:
    • Under the old law, Muslim marriages were required to conform to Sharia principles, which contain very specific provisions relating to dowry (Mahr), consent, and interfaith restrictions.
    • Muslim residents were unable to elect the application of their home country’s civil or non-Sharia-based marriage laws.
  • 2024 Law:
    • Muslim residents may now elect to apply their home country’s civil or personal laws in respect to marriage.
    • Consequently, UAE courts may recognize non-Sharia-based marriage contracts, such as civil unions, so long as they do not conflict with UAE public policy.

2. Divorce

  • 2005 Law:
    • Divorce for Muslims was governed by the Sharia, including:
    • The requirement of Talaq.
    • Khula (wife-initiated divorce) often required the wife to return her dowry or waive financial rights.
    • Many cases of judicial annulment required evidence of harm or fault.
  • 2024 Law:
    • Divorcing Muslim residents can avail themselves of their home country’s divorce laws that may provide for:
    • The ability to undertake civil divorce proceedings without having to rely on Talaq or Khula.
    • The sharing of assets based on equitable sharing rather than solely on financial contributions.
    • More gender neutrality in divorce proceedings.

3. Custody

  • 2005 Law:
    • Custody for Muslim families was granted based on Sharia.
    • Mothers retained custody until boys reached the age of 11 and girls reached the age of 13, at which point custody usually went to the father.
    • The non-monetary contributions of the custodial parent were frequently underestimated.
  • 2024 Law:
    • Muslim residents can apply the custody laws of their home countries, which may:
    • Prolong custody rights beyond the Sharia age limits.
    • Include joint custody or shared parenting arrangements.
    • The welfare of the child shall be the paramount consideration without strict adherence to Sharia principles.

4. Inheritance

  • 2005 Law:
    • Islamic inheritance laws (Faraid) were applied rigidly to Muslims, with fixed shares for heirs, such as males getting a share twice that of females.
  • 2024 Law:
    • Muslim residents can request the application of the inheritance law of their home country, which may:
    • Provide for equal division of assets irrespective of gender.
    • Allow for wills that distribute assets in a manner different from that provided under Faraid principles.
    • Give more flexibility in the appointment of beneficiaries.

Judicial Oversight

1. Role of the Court

  • The UAE courts should validate the application of the home country laws of a Muslim resident to ensure that they:
    • Do not conflict with the UAE’s public order and morals.
    • Do not contradict the UAE’s mandatory provisions of law, such as the protection of minors.

2. Public Order and Morals

  • While the UAE provides room for flexibility, any legislation that is at odds with the fundamentals of the UAE-for example, laws that permit practices contrary to public morality or in contradiction with societal mores will not be enforced.
  • For example, laws permitting same-sex marriage, or polygamy in excess of what Sharia allows could be discarded.

Advantages of the New Framework

1. Incorporation of Muslim Citizens

Recognizes the diversity within the Muslim community and the fact that many Muslim-majority countries have adopted civil or hybrid legal systems.

2. Alignment with International Standards

The UAE’s legal framework now aligns with global best practices, accommodating expatriates’ cultural and legal expectations.

3. Flexibility in Family Matters

Muslim residents can address personal status issues in ways that are more compatible with their cultural and legal backgrounds, reducing conflicts and misunderstandings.

4. Simplification of Legal Processes

Avoids cumbersome Sharia-based litigation, for those that wish to apply relatively straightforward, civil legal procedures.

Limitations and Challenges

1. Court Approval

The flexibility comes out to be conditional on court approval which may further be contested to cause delay or more litigation.

2. Conflicts with UAE Public Order

The term “public order” is defined and may give a restrictive scope to the recognition of home country laws particularly if they happen to be very different from Sharia principles.

3. Documentation and Proof

Muslim residents must provide authenticated translations and evidence of their home country’s laws, which may complicate proceedings.

Examples of Applicable Cases

1. Case of Civil Marriage

A Muslim couple from a country allowing civil marriages may register their marriage in the UAE under their home country’s laws, bypassing Sharia prerequisites.

2. Divorce with Equitable Asset Division

A Muslim resident from a country with civil divorce laws can request equitable division of marital assets instead of Sharia’s approach which focuses on the ownership of each individual

3. Inheritance Distribution:

A Muslim expatriate from a country allowing the equal distribution for sons and daughters is allowed to request this law instead of Sharia-based fixed shares.

Conclusion

Federal Decree-Law No. 41 of 2024 introduces a new development in allowing Muslim residents to apply the laws of their respective countries, even if they are not based on the Sharia. With this change, the UAE increases its legal inclusiveness, making it more accommodating to its population, while it balances such openness with adherence to its public order principles. Nevertheless, judicial oversight and the requirement for compatibility with UAE values remain critical safeguards.

New UAE Personal Status Law: Engagements

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.

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.

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.