Tim Elliott
Welcome to Lawgical, the UAE’s first and really the only regular legal podcast. My name’s Tim Elliott. Lawgical comes to you from the Dubai-based legal firm, HPL Yamalova & Plewka. We’re in JLT, Jumeirah Lakes Towers, and as always, I’m with the Managing Partner, Ludmila Yamalova. It’s good to see you again.
Ludmila Yamalova
Good to be back with you here, Tim.
Tim Elliott
This time, it’s the new family law for non-Muslims in the UAE. Now, this is a couple of weeks since coming into effect. I know we’ve got executive regulations to follow, and we will come to that in this, Ludmila, but it’s in line with Federal Decree 41 of 2022 in regard to civil personal status. On February 1, 2023, this actually came into effect. Essentially, it’s a new civil personal status matters law. I want to start there. How is that different, Ludmila, from the UAE personal status law as it has stood?
Ludmila Yamalova
A great startup question. The UAE personal status law, while it is ultimately a codified law, is based on principles of Sharia. It’s not the fact that the UAE is governed by Sharia law, which is often referred to or discussed. We have a civil law system in the UAE in terms of the legal jurisprudence, but specific laws, particularly the personal status law, are based on principles derived from Sharia.
This means that in terms of personal status matters such as marriages, divorces, custody, and inheritance, it is the principles of Sharia that apply to all of those aspects of personal life.
For example, in the case of divorce, there is a no-fault divorce and a fault divorce. In the case of custody, the default is that guardianship and custody are two separate concepts, which do not exist in other, perhaps non-Sharia, legal frameworks.
For instance, in the West, there is only custody or only guardianship, and these two separate concepts do not exist. Under the UAE personal status law, they exist as two separate concepts. The guardianship stays with the father, and the custody—physical possession of the child—goes to the mother.
Similarly, with inheritance, whether the deceased or testator is Muslim or non-Muslim, it does not matter in the eyes of the court. The probate or inheritance proceedings are governed under the same principles of the UAE personal status law, which are governed by Sharia.
This means, among other things, that children are prioritized over the spouse. Let’s say the husband passes away. The spouse inherits only a small fraction of the estate compared to what she would have inherited in other jurisdictions.
Just to clarify, the current UAE personal status law is not Sharia law, but it is based on principles of Sharia. Therefore, in its application by the courts, it is predominantly governed by Sharia principles, which ultimately mean religious principles.
This is why, in many cases, for non-Muslims, it has been a challenge—at least a philosophical or psychological challenge—to deal with custody, divorce, or inheritance under principles rooted in religion. For non-Muslims, these principles can feel alien. At a high level, that’s how you would summarize the UAE personal status law.
Tim Elliott
So essentially, this new law will regulate marriages, divorces, custody, possibly fostering and adoption of children, and inheritance for non-Muslims. Now, that means non-Muslim couples can get married through the local courts. They can arrange a prenuptial agreement. They can set marriage, divorce, or custody setups as well. This is all-encompassing for non-Muslims.
Ludmila Yamalova
Yes. Perhaps the biggest introduction or overarching objective of this new law is that now non-Muslims will be governed by a different law.
If you take a step back, from now on, we will have two different types of personal status laws:
- One is the UAE personal status law that applies to all Muslims.
- The other is the UAE personal status law for non-Muslims, which is even titled as such.
For Muslims, the current UAE personal status law applies irrespective of nationality or citizenship. For example, if you have a couple from Australia who are Muslim, they are treated as Muslims in the UAE regardless of nationality.
For non-Muslims, this law now applies, not just to expats but also to Emirati citizens who are non-Muslim. The percentage of non-Muslim citizens is growing due to recent changes in immigration and citizenship laws, which we’ve discussed in previous podcasts.
At a high level, anything to do with family or personal status will now be segregated into laws that apply to Muslims and non-Muslims.
Tim Elliott
That is a significant development, isn’t it?
Ludmila Yamalova
It truly is. While this federal law is unprecedented, Abu Dhabi has led the way in personal status laws for non-Muslims. In 2021, Abu Dhabi introduced its personal status law for non-Muslims, and it has since evolved significantly.
This federal law, however, is the first of its kind at a national level. It applies to all seven emirates and governs marriage, divorce, custody, and inheritance for non-Muslims.
Tim Elliott
Let’s break this down further. The law claims that men and women are equal in all rights and obligations. It applies equally to testimony, inheritance, divorce rights, and custody. But there is a unique provision: only women are entitled to spousal support.
Ludmila Yamalova
Yes, this is interesting. While the law emphasizes equality, it retains a provision where only women can request alimony.
For divorce, however, the law allows for unilateral no-fault divorces. Any party can file for divorce without needing to prove fault. This is a significant shift and a relief for many couples.
Tim Elliott
Let’s wrap up with a quick mention of inheritance.
Ludmila Yamalova
Certainly. If a non-Muslim testator dies without a will, the law provides for equal distribution of assets among heirs, irrespective of gender.
- If married, 50% of the estate goes to the spouse.
- If there are children, the remaining 50% is divided equally among them.
- If there are no children, 50% goes to the parents or siblings.
This is a major departure from the previous default application of Sharia principles to non-Muslim estates.
Tim Elliott
This is truly groundbreaking.
Ludmila Yamalova
Absolutely. It’s a progressive and forward-thinking law that reflects the UAE’s growing diversity.
Tim Elliott
That’s the longest episode of Lawgical we’ve done in a long time! This was Federal Decree 41 of 2022 regarding civil personal status. Our legal expert, as always, is Ludmila Yamalova, Managing Partner at Yamalova & Plewka.
Ludmila Yamalova
Thank you, Tim.
Tim Elliott
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