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.