Federal Law No. (28) of 2005 — personal status

363 अनुच्छेद

1. अनुच्छेद 1

   1. The provisions of this Law shall apply to all events that occurred after the entry into force of its provisions. In addition, the provisions of this Law shall apply retrospectively to deeds of divorce and divorce proceedings for which a final judgement has not been issued.

   2. The provisions of this Law shall apply to UAE citizens unless non-Muslims among them have provisions specific to their religious community or denomination.

   3. The provisions of this Law shall apply to non-citizens unless one of them insists on the application of their law, without prejudice to the provisions of Articles 12, 13, 14, 15, 16, 17, 27 and 28 of the Law on Civil Transactions issued by UAELEG-FED-LAW 1985, 5 .

2. अनुच्छेद 2

   1) Principles and rules of Islamic jurisprudence (fiqh) shall be referred to for understanding, interpreting and construing the legal texts herein.

   2) The provisions of this law shall apply to all the matters they deal with in terms of purport. Such matters shall be referred to the juristic doctrine they are derived from for interpretation and completion of their rulings.

   3) Where this law contains no relevant text, rulings shall be given according to the

   well-know rulings in the doctrines of Imams Malik, Ahmed, Shafie, and Abu Hanifa respectively.

3. अनुच्छेद 3

   Lunar calculation shall prevail for the periods set forth herein unless stipulated otherwise.

4. अनुच्छेद 4

   Matters for which no provision is contained herein shall be subject to the provisions of the Civil Procedures Law and the Law of Evidence in Civil and Commercial Transactions.

   Jurisdictions of Courts

5. अनुच्छेद 5

   The state courts shall be competed to try personal status actions initiated against citizens or foreigners having a domicile, residence or workplace in the state.

6. अनुच्छेद 6

   The state courts shall be competed to try personal status actions initiated against foreigners having no domicile, residence or workplace in the state in the following cases:

   1. If the action for objecting to a marriage contract to be concluded in the state.

   2. If the action is for dissolving, invalidating a marriage contract, or granting or asking for divorce if the actions is filed by a citizen wife or a wife who lost the state nationality, if any of them has a domicile or residence within the state, or if the action is filed by a wife having a domicile or residence in the state against her husband who has a domicile, residence or workplace abroad or who has been deported from the state.

   3. If the action is for demanding maintenance for parents, the wife or the minor if they have a domicile, residence or workplace in the state.

   4. If the action concerns the filiation of a child having a domicile or residence in the state, or if it concerns a matters of guardianship of the person or property if the minor or the person to interdicted has a domicile or residence in the state, or if the last domicile, residence or workplace of the absent person is in the state.

   5. If the action concerns a personal status matter and the claimant is a citizen or a foreigner having a domicile, residence or workplace in the state if the respondent has no well-known domicile or residence abroad, or if the national law is to be applied in the state.

   6. If there are several respondents and one of them has a domicile, residence or workplace in the state.

   7. If the claimant has a chosen domicile in the state.

7. अनुच्छेद 7

   In cases where the state courts are the competent authority pursuant to Article 6 hereof, the court having the claimant's domicile, residence or workplace within its precinct shall be the competent authority, otherwise such competence shall devolve to the court of the capital.

   1. The court of first instance composed of one judge shall be competent to decide on personal status matters.

   2. The judge of legalizations shall be competed to legalize the certificates issued by the court. The minister of justice, Islamic affairs and wakfs shall issue regulations on the procedures of conducting attestations and their legalizations.

8. अनुच्छेद 8

   1. The court of first instance composed of one judge shall be competent to decide on personal status matters.

   2. The judge of legalizations shall be competed to legalize the certificates issued by the court. The minister of justice, Islamic affairs and wakfs shall issue regulations on the procedures of conducting attestations and their legalizations.

9. अनुच्छेद 9

   1. The court having the respondent's domicile, residence or workplace within its precinct shall be the competent authority. Where there are several respondents, competence shall devolve to the court having within its precinct the domicile, residence or workplace of any of them.

   2. The court having within its precinct the claimant's or respondent's domicile, residence, workplace, or the conjugal house shall be competent to try actions filed by the children, wife, parents, nurturing female guardian according to conditions in the following cases:

   a. Maintenance, wages and matters regards as such.

   b. Custody, seeing and related matters.

   c. Dowry, paraphernalia, gifts and matters regarded as such.

   d. Granting divorce to the wife, redemptive divorce (khul), absolution, dissolution, and separation of the spouses of all kinds.

   3. The court having within its precinct the decendent's domicile, residence, workplace in the state shall be competent to verify the entitlement to inheritance proofs and testaments and liquidate the succession. Where the decedent has no domicile, residence or workplace in the

   state, such competence shall devolve to the court having a realty of the succession within its precinct.

   4. The local jurisdiction in the matters of guardianship shall be determined:

   a. depending on the domicile or residence of the guardian or minor in matters of guardianship, and on the last domicile or residence of the decedent or minor.

   b. depending on the domicile or residence of the person to be interdicted in matters of interdiction.

   c. depending on the last domicile, residence or workplace of the absent person in matters of absenteeism.

   d. If none of the persons mentioned in paragraphs a, b and c has a domicile or residence in the state, competence shall devolve to the court having in its precinct the applicant's domicile or residence or to the court having within its precinct the property of the person to be protected.

   e. The court that rules for interdiction or stripping off or discontinuing the guardianship shall refer the case to the court having within its precinct the domicile or residence of the minor in order to appoint someone to supervise him be he a curator or guardian if the domicile or residence of the minor or the person to be interdicted changes.

   5. If the respondent has no domicile, residence or workplace in the state, and no court of competent jurisdiction can be determined under the provisions of the above paragraphs, jurisdiction shall devolve to the court having within its precinct the claimant's domicile, residence or workplace, otherwise to the court of the capital.

10. अनुच्छेद 10

    1. In cases where the law requires obtaining the court permission or approval or referring

    the matter to the judge, the motion shall be submitted to the court having within its precinct the petitioner's domicile or residence on a petition order unless the law stipulates otherwise.

    2. Any interested party may complain against such order within one week of the date he is served a notice thereof. The court shall deliver its judgment on the complaint to sustain, amend or rescind it, and such judgment shall be appleable by the means of appeal prescribed in the law.

    3. The motion for appointing a curator shall be on a petition order, and the prosecution and potential successors shall be informed thereof.

11. अनुच्छेद 11

    Any impediment connected with the execution of resumption of urgent or summary judgments, decisions, executed or legalized reports or attested conciliation records pertaining to an alimony or custody shall not result in discontinuing the executions procedures unless the court decides otherwise.

12. अनुच्छेद 12

    In case of demanding a ruling considering a person lost, litigation shall be addressed to potential successors of the lost person or his representative or the person who has appointed a representative for him and to the public prosecution.

13. अनुच्छेद 13

    If the cassation court cassates the appealed judgment in part or in whole, it shall decide on the matter. The provision of the above paragraph shall not apply:

    1. If the attacked judgment is cancelled on grounds of nullity and such nullity is due to a cause relative to the initiatory pleading, the court the shall decide, besides nullity, remanding the case to the court of first instance for trial after notifying the litigants. Filing appeals shall be regarded as notices of motions submitted in the case.

    2. If the attacked judgment has decided lack of jurisdiction or sustaining a subsidiary plea, this shall result in discontinuing the case or supporting the judgment appealed in both matters. If the court of cassation decides revoking the attacked judgment, it shall refer the case to the court that has delivered the attacked judgment unless it decides that the case be heard by another circuit composed of other judges, or that it be referred to the court of competent jurisdiction for a new decision. The court above shall cassate the matter decided unless the appeal is submitted for the second time. If the court of cassation cassates the attacked judgment, it shall then decide on the matter.

14. अनुच्छेद 14

    1. The respondent or the person to be notified shall be sent a copy of the notice to his domicile, residence, workplace, chosen domicile or wherever he is found. Where it is impossible to inform him, the court may notify him by fax, e-mail, registered mail or any other means.

    2. If the notice server fails to find the person to be notified at his domicile, he shall deliver a copy of the notice to any of those persons living with him such as the spouse, relatives, or affines, or to his supervisor or the person who decides that he is his manager if he fails to find him at his workplace. In all cases, the copy of the notice shall be delivered only to the person whose appearance indicates that he has completed eighteen years of age and that neither he nor the person he represents has an evident interest that conflicts with that of the

    person notified.

    3. If the notice server fails to find any right person to receive the copy or if a person of those mentioned therein refuses to sign the original for receipt or receive the copy after he has been identified, or if the place is closed, the notice server shall deliver the copy on the same day to the officer or deputy officer of the police station having within its precinct the domicile, residence or workplace of the person to be notified according to conditions. The sever shall also send the person to be notified within twenty four hours after delivering the copy to the police station a registered letter at his domicile, residence or workplace or his chosen domicile to inform him that the copy has been delivered to the police station.

    4. By way of exception from the above paragraph, the court may order posting a copy of the notice on the notice board and on the door of the place where the person to be notified resides or on the door of the last place where he lived or publishing the notice in two dailies appearing in the state or abroad in Arabic and English, as appropriate, if required.

    5. If the court becomes sure that the person to be notified has no domicile, residence, workplace, fax, e­mail or postal address, it shall notify him through publication in two dailies appearing in the state or abroad in Arabic or a foreign language as appropriate. The date of publications shall be the date of serving the notice.

    6. In respect to persons having a known domicile, residence or workplace abroad, the copy of the notice shall be delivered to the undersecretary of the ministry of justice to notify them by diplomatic means or by registered mail with acknowledgment of receipt.

    7. The notice shall be legally binding from the date of communicating the copy, sending the fax or the e-mail, delivering the registered mail with acknowledgment of receipt or the date of publication according to the above provisions.

15. अनुच्छेद 15

    1. The judgment shall be communicated to the convict in person or to his workplace or residence, failing which he shall be notified by the means prescribed in Article 14 hereof on the order of the court that has pronounced the judgment and at the request of the judgment beneficiary.

    2. The period for challenging the judgment shall commence from the day following the date of pronouncement if has been pronounced in presence, and from the following date of serving the notice on the convict if it is regarded as an in presence judgment.

    3. The period for objecting by appeal and cassation shall be thirty days each.

    4. The party receiving a favorable judgment of divorce, separation, nullity of contract or for considering the lost person dead shall notify the convict or the person the judgment is delivered against of such judgment if it is regarded contradictory in order to be subject to the period prescribed.

16. अनुच्छेद 16

    1. Actions of person status matters shall be heard by the court only after they have been submitted to the family guidance committee, except matters of testaments, inheritance, matters regarded as such, urgent and summary cases, urgent and summary orders relative to alimony, custody, guardianship and actions concerning which conciliation can not be imagined such as those filed for proving marriage or divorce.

    2. If the parties reconcile before the family guidance committee, this reconciliation shall be established in a report to be signed by the parties and the committee officer and approved by the competent judge, whereupon it shall have the power of the executive writ that may not be objected to by any means except if it contradicts the provisions hereof.

    3. The minister of justice, Islamic affairs and wakfs shall issue the executive regulations governing the mission of the family guidance committee.

    Book One Marriage Part One Engagement

17. अनुच्छेद 17

    1. Engagement is a proposal for and promise of marriage, not considered actual marriage.

    2. No woman who is deemed "prohibited" (under Shariah law) may be engaged, even if such a prohibition is temporary. A woman observing a mourning period may, however, be engaged.

18. अनुच्छेद 18

    1. Each party may withdraw from the engagement. However, if unnecessary prejudice results from either party's withdrawal, the other party may claim indemnity for the prejudice he/she suffers. The party responsible for withdrawal shall be considered withdrawing.

    2. If either party withdraws from the engagement or passes away, the dowry paid in kind or its value shall be redeemed on the day of payment if it cannot be returned in kind.

    3. If the fiancée has bought paraphernalia with the amount of her dowry or a portion thereof and then the suitor withdraws, she may choose between refunding the dowry or delivering a portion of the paraphernalia equal to it at the time of purchase.

    4. Gifts presented customarily shall be considered part of the dowry.

    5. If one party withdraws from the engagement without any condition or usage, he/she shall

    not be entitled to recover anything he/she has presented to the other if there is no ground for such withdrawal, while the other party shall have the right to recover anything he/she has given.

    6. If one party withdraws from the engagement for some cause, he/she may recover what he/she has presented if existent, or on the day of payment if it has perished or is being consumed and the other party cannot recover it.

    7. If engagement is terminated because of the withdrawal of both parties, they may recover anything they have presented to each other if existent.

    8. If engagement is terminated because of death or a reason beyond the control of either party, or an impediment that prevents marriage, nothing of the gifts may be recovered.

    Part Two General Provisions on Marriage

19. अनुच्छेद 19

    Marriage is a contract entitling one spouse to have legal enjoyment with the other in order to protect his/her chastity and build a stable family under the husband's care on grounds that enable them to muster its burdens in affinity and mercy.

20. अनुच्छेद 20

    1. Husbands shall adhere to their conditions except any conditions that sanction anything prohibited or forbid anything permissible.

    2. If a marriage contract stipulates a contrary condition to its essence, the contract shall be invalid.

    3. If the marriage contract contains a condition that is not contrary to its essence but to its

    purport or that is legally invalid, the condition shall be invalid while the contract shall be valid.

    4. If the marriage contract contains a condition that is not contrary to its essence or its purport and that is legally valid, the condition shall be valid and enforceable. If the party placed under such condition breaches it, the stipulating party may ask for dissolving the marriage whether on the part of the wife or husband. The husband shall be exempted from the waiting period (idda) alimony if the condition is breached by the wife.

    5. If one spouse requires a specific description in the other but he/she finds something contrary, the stipulator may ask for dissolving the marriage.

    6. In case of denial, no conditions shall be valid except if it is expressly provided for in the legalized marriage contract.

    7. The right to dissolution shall abate if its holder extinguishes it or if he agrees to its breach expressly or implicitly. The lapse of one year after the occurrence of violation while having knowledge thereof and irrevocable divorce shall be regarded as implicit consent.

21. अनुच्छेद 21

    1. For marriage to be contracted, the man must be suitable for the women at the time of contracting only. Both the woman and her guardian shall have the right to ask for dissolving the marriage if such suitability is missing, whereas the loss of suitability afterwards shall not affect the contract.

    2. If both of the engagement parties are not suitable for each other in age, i.e., if the suitor's age is double or more than that of the fiancée, the marriage shall be contracted only with the consent and knowledge of both parties after obtaining permission from the judge who may forbid the marriage if it serves no interest.

22. अनुच्छेद 22

    The criterion of suitability shall be the husband's religious righteousness. Usage shall be considered for determining suitability in matters other than religion.

23. अनुच्छेद 23

    1. Suitability is a right that may be required by the woman and her fully capacitated guardian.

    2. Distant guardians may not object to the lack of suitability except in the absence of close relatives or if they are incapacitated.

24. अनुच्छेद 24

    If the man pretends to be suitable or affects anything to give an impression of such suitability, or if suitability is stipulated in the contract and then he turns out to be unsuitable, both the wife and her guardian shall have the right to ask for dissolution.

25. अनुच्छेद 25

    The right to ask for dissolution due to lack of suitability shall abate if the wife becomes pregnant, or a year elapses after learning about the marriage, or if the person having the right to ask for dissolution has agreed before to the marriage.

26. अनुच्छेद 26

    The guardian may not ask for dissolution on the ground that the dowry is less than appropriate dowries.

27. अनुच्छेद 27

    1. Marriages shall be officially legalized and may be established by legal proof for a specific fact.

    2. As a condition for concluding a marriage contract, a report from a specialist medical committee formed by the minister of health shall be submitted confirming freedom from the diseases because of which this law allows for demanding separation.

    3. Marriage contracts shall be legalized by marriage solemnizers concerning whom the minister of justice, Islamic affairs and wakfs shall issue the relevant regulations.

28. अनुच्छेद 28

    1. No guardian may conclude the marriage contract of an insane or a mentally deficient person or persons having similar conditions without the permission of the judge and after fulfilling the following conditions:

    a. The other party agrees to marry him after learning about his condition.

    b. His disease shall not be transmitted to his posterity.

    c. His marriage shall realize an interest for him.

    2. Conditions mentioned in B and C shall be confirmed by a report from a competent committee to be formed by the minister of justice, Islamic affairs and wakfs in coordination with the minister of health.

29. अनुच्छेद 29

    Males who reach the legal age may marry themselves even if they are or become prodigal. The guardian over the property may object in case of exceeding appropriate dowries. This

    shall not include the forfeiture of the financial rights resulting from the marriage.

30. अनुच्छेद 30

    1. Marriage eligibility shall be completed by reason of maturity and adolescence. The age of adolescence is eighteen years for those who have not been legally adolescent prior to that age.

    2. A person who is legally adolescent prior to reaching the age of eighteen shall not marry, except in accordance with the controls issued by a Cabinet resolution at a proposal of the Minister of Justice.

    3. A person who is eighteen years old wishing to marry but the guardian thereof refuses to let him marry may refer the matter to the Judge.

    4. The Judge shall specify a period for the guardian, after being notified, to appear to present his statements. If he does not appear at all or if his objection is not convincing, the Judge shall allow the marriage.

31. अनुच्छेद 31

    Any person who gets married according to Article 30 hereof shall acquire capacity in all matters relative to marriage and its effects, except forfeiture of financial rights resulting from marriage.

32. अनुच्छेद 32

    A matrimonial guardian shall be the father, then the Agnates by themselves according to the order of inheritance including the son, the brother and then the paternal uncle. Where any two guardians are equal in relationship, any of them may conclude the marriage on his

    conditions and shall be the representative appointed by the fiancée.

33. अनुच्छेद 33

    A guardian must be male, sound in mind, major, not wearing the clothes of ihram for hajj or omra and Muslim if the guardianship is over a Muslim.

34. अनुच्छेद 34

    If the closer guardian is absent permanently, or if his whereabouts are not known, or if he cannot be called, guardianship shall devolve to the next guardian by the judge's permission, or to the judge himself in case of prevention from marriage.

35. अनुच्छेद 35

    The judge shall be the guardian of any person no guardian.

36. अनुच्छेद 36

    The judge may not marry the person he is a guardian over to himself, his ancestors or descendents.

37. अनुच्छेद 37

    1. Appointing a representative for concluding a marriage contract is permissible.

    2. No representative may marry his female constituent to himself unless this is stipulated in the proxy instrument.

    3. If the representative in marriage exceeds the limits of his proxy, the contract shall be pending.

    Part Three Elements and Conditions

38. अनुच्छेद 38

    The elements of the marriage contract are:

    1. The contracting parties (the husband and the guardian)

    2. Object

    3. Proposal and acceptance

    Chapter One Spouses

39. अनुच्छेद 39

    The major woman's guardian shall conclude her marriage contract with her consent and the marriage solemnizer shall sign the contract. Contracts concluded without a guardian shall be invalid. If marriage is consummated, the spouses shall be separated and the child's filiation shall be established.

40. अनुच्छेद 40

    The woman must not be permanently or provisionally prohibited for the man to marry so that marriage can be valid.

    Chapter Two Contract Formula

41. अनुच्छेद 41

    The following conditions must be fulfilled in the proposal and acceptance:

    1. They must be expressed verbally in the terms of marriage.

    2. They must be binding, not indicative of timing. Marriages depending on an uncertain condition, or contingent marriages, or enjoyment marriages or temporary marriages shall not be valid.

    3. The acceptance must be expressly or implicitly congruent with the proposal and the contracting parties must remain eligible till finalization of the contract.

    4. There must be verbal consensus at the contract session among present parties and acceptance following the proposal, and among the absent parties by acceptance at the session of reciting the contract before witnesses or letting them hear its content or informing the messenger. Acceptance shall not be considered slower than proposal if they are not separated by anything indicative of objection.

    5. The proposal must remain valid till the acceptance is expressed. The proposer shall have the right to withdraw before the acceptance is expressed.

    6. The contracting parties must hear the speech of each other and know that it is intended for marriage even if the meanings of words are not understood.

    7. In case of inability to speak, speech shall be replaced by writing, otherwise by understandable signs.

    Chapter Three Prohibited Women First branch Permanently prohibited women

42. अनुच्छेद 42

    It is prohibited for a person to marry because of blood kinship:

    1. His ancestors however high in lineage

    2. His descendents however low in lineage

    3. The descendents of either or both parents however low in lineage

    4. The first class of the descendents of one of his grandfathers or grandmothers.

43. अनुच्छेद 43

    It is prohibited for a person to marry because of kinship through marriage:

    1. The woman who was married to one of his ancestors however high in lineage, the wife of any one of his descendents however low in lineage.

    2. The ancestors of his spouse however high in lineage.

    3. The descendents of his spouse he consummates marriage with however low in lineage.

44. अनुच्छेद 44

    It is prohibited for a person to marry his descendents from adultery however low in lineage or his daughter whose filiation to him is refuted by li'an.

45. अनुच्छेद 45

    It is prohibited for a person to marry the woman he accuses of adultery after the spouses

    have taken the oath.

46. अनुच्छेद 46

    Women prohibited because of suckling shall also be prohibited because of blood kinship and marriage connection, except the legally excepted cases on two conditions:

    1. Suckling must take place in the first two years

    2. Suckling must reach five separate times.

    Section Two Provisional Prohibition

47. अनुच्छेद 47

    Cases of provisional prohibition:

    1. Combining two women even if in the waiting period, and if any one of them is supposed to be male, the man shall be prevented from marrying another woman.

    2. Combining more than four women.

    3. The woman married to another person

    4. The woman observing a waiting period for another person

    5. The woman divorced irrevocably; her divorcer may not marry her until she has observed the waiting period after being divorced by another husband who has consummated a valid marriage with her.

    6. The woman wearing an Ihram for a hajj or an omra.

    7. The non-Muslim women unless she is a kitabiya (Jewish or Christian).

    8. The marriage by a Muslim woman to a non-Muslim

    Chapter Four Conditions of the Contract

48. अनुच्छेद 48

    1. As a condition for the validity of marriage, two witnesses of legal age and sound mind, capable of hearing the speech of the contracting parties and understating that it is intended for marriage must be present.

    2. The witnesses must be Muslim. In case a Muslim marries a kitabiya, the testimony of two kitabis (Jewish or Christian) shall be sufficient.

    Chapter Five Dowry

49. अनुच्छेद 49

    A dowry is the money or property offered by the husband to his wife for the purpose of marriage. There is no minimum for the dowry but its maximum limit is subject to the dowry determination law.

50. अनुच्छेद 50

    The dowry is the woman's right that she can dispose of the way she likes. No contrary condition shall be valid.