According to Sharia or Islamic law, there’s a few basic conditions to consider the validity of a marriage. Among the conditions is for a couple to have parental consent, particularly the consent of the bride’s father or legal guardian. A court marriage in UAE that is done without permission of a bride’s legal guardian will be invalid. Girls that did not reach adolescence, those who are immature that they are not able to live alone and those who have been considered as senile won’t be allowed in marrying without parental consent.
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It is of Islamic tradition and a family custom to seek the permission of legal guardians. In normal circumstances following courtship, couples ask the permission of their parents for marriage. The parents are talked apart and consulted first. When they have formed an opinion and provided consent for the woman, then the preparations for marriage can start.
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Parental Consent for Marriage in UAE
The UAE Family Law has specific provisions with regards to requirement of advice and consent of parents for the marriage of offspring. The requirement, parental consent, will only be deemed necessary for an applicant of a marriage license with one or both the contracting parties are between the ages eighteen and twenty-one.
The law stipulates that in case both or either of the parties to a marriage, not having been previously emancipated with a marriage, are between ages eighteen and twenty-one, will exhibit to the civil registrar a consent to marriage of the father or person who has legal charge to an individual in additional to other requirements for marriage in Dubai UAE. Parental consent has to be manifested in a written letter by the concerned party, who has to personally appear before a marriage officiant and the local civil registrar. It may also be in an affidavit that is made in the midst of two male witnesses and attested by any official authorized by the local legislation in administering oaths. Personal manifestation has to be recorded in applications for a marriage licenses, while the affidavit has to be attached to applications for a marriage license.
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Parental Advice for Marriage in UAE
The law also stipulates that a couple has to acquire parental advice if they are between twenty one and twenty five years old. Any contracting party, according to Sharia law, that is between twenty one to twenty five years old, is obliged in asking the guardian or parent for advice regarding the intended marriage. Should a contracting party to a marriage does not obtain parental advice or if it’s unfavorable, then a marriage license won’t be issued until the publication of the marriage application has been completed. A sworn statement to the effect such parental advice was sought as well as written advice that was given by the legal guardians of the contracting parties are to be attached with the application for a marriage license. If the legal guardians refuse in giving their advice, then the fact should be stated in a sworn statement.
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What are other special conditions for marriage in UAE?
A special condition for marriage, as per Sharia Law (No 28) of 2005 on Personal Status Law states that the wife shall receive a Mahar or dowry and it may be requested upfront, during the time of the signing of the contract or following the marriage. There’s an option in paying partially as well, but the wife has to agree to such condition. The obligations of the husband are halved when the wife is divorced.
Should the husband refuses in paying the amount that was mutually agreed in the signed contract with the marriage contract already being entered into, local courts will be tipped in opposition to the husband. Article 55 of the UAE legislation on Personal Status gives complete rights of receivership and ownership of Mahar to the bride or wife. She’s able to request, should she desire so, to invoke such rights when she decides. Article 57 codifies the right and states once the right has been given in the Dubai court marriage contract, it’ll be considered as agreed under all circumstances.
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Should I consult with a marriage attorney in UAE?
UAE legislation does not provide space for reducing or lowering Mahar. Agreements are necessary in securing certain positions. It’s advised to have subsidiary or external agreements during the time of the court marriage in UAE. Also, it’s absolutely necessary to have parental advice or consent, if applicable.
There are a lot of conditions and requirements that need to be fulfilled in order to marry in UAE. Also, a marriage agreement is binding for the parties involved as it’s considered as a legal contract. It, therefore, pays to seek the help of lawyers to prepare not only for the court marriage in UAE but also life after the marriage. Call us here in Dubai Court Marriage now!
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FAQ’s
Can one have permission to marry in the UAE without parental consent?
Yes, it can be in some cases. According to the UAE law parental or guardian consent is dependent on the kind of marriage. Non-Muslims do not need parental consent to get a civil marriage, whereas Sharia marriage among Muslims usually needs the consent of the guardian.
Are Muslim couples required to seek parental or guardian consent to get married?
Yes, Muslim marriages usually need the guardian of the bride (Wali) to be present in order to be considered as valid under the Sharia law. This tends to be done via authorities like the Sharia Court Dubai.
Is it possible to marry without the consent of parents, non-Muslims?
Yes, other non-Muslim couples may marry without the parental consent by using civil marriage systems like the Abu Dhabi Civil Family Court, where both parties must be adults and fully consent to it.
What is the case when a guardian denies consent in a Muslim marriage?
A refusal by a guardian without a good cause causes the bride to go to the court. The judge can step in and consent to the marriage provided it is thought to be in the best interest of the bride.
Is there an age restriction to marry without parental consent?
Yes, it is required that both parties are of the legal age which is usually 18 years and above. In the event that one of the parties is underage, then this approval and consent of the guardian is required.
Is the marriage without parental consent legal in the UAE?
Yes, provided the marriage is conducted in accordance with the proper legal process, be it civil or Sharia, it is legally accepted in the UAE and can be employed to conduct official business, such as visa sponsorship and paperwork.
