Sharia Court in the UAE and Personal Status Cases?

The Sharia Court in the UAE: Jurisdiction and How to Navigate It

If you are facing a family dispute in the UAE — divorce, custody, maintenance, or inheritance — the body that will hear your case is the Sharia Court. This page explains its jurisdiction, how it differs from civil courts, and what you practically need before filing a claim.

What Is the Sharia Court and When Does It Have Jurisdiction?

The Sharia Court is the division competent to hear personal status matters for Muslims within the country. Its scope covers: marriage contracts, divorce, maintenance, custody, guardianship, trusteeship, and inheritance. It is governed by Federal Personal Status Law No. 28 of 2005 and its amendments, including Federal Decree-Law No. 41 of 2024 on the Personal Status of Muslims ^[1].

Non-Muslim residents follow an entirely different path. Since the issuance of Federal Decree-Law No. 41 of 2022 on the Personal Status of Non-Muslims, their cases are heard by specialised civil divisions, not the Sharia Court ^[2]. This is a point many people get wrong when filing a claim.

In Abu Dhabi, the Personal Status Court for Non-Muslims has been operating since 2021 and conducts proceedings in English. In Dubai, the Sharia divisions fall under Dubai Courts and have a dedicated enforcement and follow-up section.

The question you must ask before anything else: does your case fall under the law applicable to Muslims or to non-Muslims? The answer determines the court, the applicable law, and sometimes the entire outcome of the case.

Procedures Before Filing a Claim Before the Sharia Court

You cannot go directly to the judge. The first step is mandatory: family guidance.

The Family Guidance Committee is a compulsory reconciliation stage that must be completed before registering any personal status claim. It ordinarily lasts no more than 60 days and may be extended by agreement of both parties ^[1]. If reconciliation fails, the counsellor draws up a report that allows you to formally refer the dispute to the Sharia Court.

What you will need in practice:

• A marriage contract that is attested and translated if it is a foreign document
• A family book extract or passport and identity card
• Children's birth certificates where applicable
• Proof of income (for maintenance claims) — a salary slip or an employment certificate
• Any documents supporting your claim (messages, medical reports, witnesses)

Fees vary by emirate and type of claim. In Dubai, personal status claim fees start at approximately AED 100 for certain requests and may rise to percentages of the claimed amount in maintenance and estate cases [3]. Check the updated schedule on the Dubai Courts website before filing.

Tip: Do not treat the guidance session as a formality. Genuine engagement can resolve the dispute in weeks rather than years.

How Hearings Proceed and What the Judge Decides

After the file is referred, a first hearing is scheduled within a few weeks. Hearings are generally conducted in Arabic; if you do not speak Arabic, you will need a certified legal interpreter — the court may provide one or may require you to arrange it yourself.

The Sharia judge rules in accordance with:

1. The provisions of the Federal Personal Status Law.
2. The applicable school of Islamic jurisprudence (in the absence of a statutory text).
3. The judicial precedents of the Federal Supreme Court or the Court of Cassation, depending on the emirate.

Judgments may be appealed within 30 days of the date they are issued, and thereafter may be referred to cassation under specific conditions ^[1]. Interim maintenance orders are enforceable immediately even while an appeal is pending — an important detail for anyone waiting to secure support for their children.

Note: Failing to appear at two consecutive hearings without an accepted excuse may result in the claim being struck off, and you will have to restart the proceedings from the beginning with fresh fees.

Custody files are particularly complex. The new 2024 law raised the unified age of maternal custody to 18 years in certain circumstances, while keeping the best interests of the child as the overriding consideration ^[1]. Do not assume the old rules still apply.

When Do You Need a Lawyer and When Can You Act Alone?

Consensual divorce cases, proof of marriage, or straightforward requests such as a maintenance adjustment can be pursued personally through the courts' electronic platforms. Dubai Courts and Abu Dhabi Courts both offer full digital filing services.

Cases involving a custody dispute, an estate dispute with multiple parties, or a divorce combined with substantial financial claims are a different matter — engaging a licensed lawyer is not a luxury. Precise legal drafting and deadline management make a real difference to the outcome.

For further reading, see our Family Cases guide for related topics.

Need to review your specific situation? Speak to a licensed UAE lawyer →