The United Arab Emirates (UAE) has a legal system based on Islamic Sharia law and civil laws. In matters of marriage, the laws are very clear and binding on both citizens and residents of the country. This article examines the rules and legalities surrounding the question: Can a parent prevent the marriage of their adult daughter in the UAE?
The Personal Status Law and Muslim Marriages
Muslims in the UAE are followed by the “Personal Status Law” (Federal Law No. 28 of 2005) for marriage. The law is essentially based on Islamic Sharia, wherein the consent of the parents, especially the father, is highly valued to impose a marriage.
In accordance with Article 38 of the Personal Status Law, the “elements of a marriage contract” include the contracting parties, that is, the husband and the tutor, the object, and the offer and acceptance. The “tutor”, usually the father or any other male relative, holds great importance in granting his consent for the marriage to take place.
Parental Consent: A Mandatory Requirement in the UAE
In strict accordance with Islamic traditions, the Personal Status Law requires the consent of a Muslim marriage to be valid by a “tutor” (wali). Article 32 establishes the order of tutorship, with the father being the first tutor and so forth in the order of succession for other male relatives.
This consent of the tutor is not a mere formal requirement. Rather, it is a legal requirement. Article 33 states that the tutor must be a “male of sound reasoning, fully capacitated, not prohibited on account of pilgrimage, and Muslim if tutorship is to be given to a Muslim.”
Court Intervention in Case of Disagreement
Though parental consent is one of the most essential parts of Muslim marriages in the UAE, the law also provides for a way to handle disagreements in case a tutor opposes the marriage unjustly. Article 30 of the Personal Status Law provides that an individual who has attained the age of 18 and whose tutor opposes the marriage can seek the intervention of the court.
In this case, the judge will summon the tutor to present their arguments against the marriage. If the judge finds the argument that the tutor has put forward unconvincing, they are given the power to conduct the marriage without having to seek consent from the tutor.
Civil Marriage for Non- Muslims
Non-Muslim marriages are managed in the UAE by Federal Law No. 41 of 2022 on Personal Laws for Non-Muslims. The couple should be above 21 years of age for at least one of the parties to the marriage. Another thing worth noting is that in non-Muslim marriages, usually parental consent is not a prerequisite for a marriage to be conducted in the UAE, unlike in Muslim marriages.
The UAE Personal Status Law for Non-Muslims under Article 5 details that the main factors determining a valid marriage contract are the will and consent of the couple.
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Non-Muslim Marriages: No Need for Parental Consent
In contrast to Muslim marriages, parental consent is generally not a mandatory requirement for non-Muslim marriages in the UAE. Article 5 of the civil marriage law for Non-Muslims emphasizes the couple’s free will and consent as the primary conditions for a valid marriage contract.
- Focus on Couple’s Consent: The law sets the couple’s clear declaration of their intent to get married before a judge at the Personal Status Court. Parents’ consent is not a requirement.
- Court Marriage: For non-Muslim couples domiciled in the UAE, the process is through the registration of their marriage intention with the Personal Status Court of the emirate where they are domiciled. The court will facilitate the couple with all the relevant procedures, including the finalization of the marriage contract.
Alternative Options for Non-Muslim Couples
The most common way for non-Muslim marriages in the UAE is to register with the UAE courts; however, there are other options available to couples such as:
- Embassy/Consulate Marriage: If both partners have the same nationality, they can get married in their home country’s embassy or consulate in the UAE. This option will depend on whether the embassy/consulate has such services available and whether they comply with specific regulations of marriage.
- Home Country Laws: The couples may choose the option of getting married under the laws of their home country, depending upon the availability of such services of the embassy or consulate. This option may involve additional paperwork and legalities.
You should know: A Case Study of the Applicability of Abu Dhabi Civil Marriage Law to Foreign Muslims
Additional Considerations
Aside from the legal requirements, consider the following factors to make your marriage process in the UAE as smooth and stress-free as possible:
- Documentations: Of course, gather all important documents in advance to avoid last-minute hassles, such as valid passports, residency visas, and proof of age.
- Cultural Understanding: Take into consideration the cultural sensitivity and traditions that are associated with the marriage process in the UAE.
- Premarital Agreements: Discuss the possibility of premarital agreements with the person you intend to marry, especially with matters of finances and properties.
Having known the legal set-up, being prepared for possible pitfalls, and getting professional consultation, you will approach your UAE wedding with confidence and excitement.
How Dubai Court Marriage Lawyers Help You
The process of marriage in the UAE is a little confusing , due to its legal and cultural differences. To address this, Dubai Court Marriage is ready to guide our clients through every step of the marriage process in the UAE. Our Marriage lawyers have strong knowledge regarding the UAE’s marriage laws for both Muslims and non-Muslims. Whether it’s court procedures for parental consent, exploring various marriage options, or seeking legal advice, we provide individual guidance to help make your dream wedding a reality. Contact Dubai Court Marriage today.
