Федеральный закон-декрет № 29 от 2020 года о гражданском личном статусе (немусульмане)

Статьи

1. Статья Article 1

   Application: non-Muslim foreigners residing in the UAE may opt into the civil personal status framework for marriage, divorce, custody, and inheritance.

2. Статья Article 2, Federal Decree-Law No. 29 of 2020 on the Civil Personal Status (Non-Muslims)

   Article 2 of Federal Decree-Law No. 29 of 2020 establishes the scope of application for civil personal status matters concerning non-Muslims in the UAE. The article defines which persons and legal relationships fall under this law's jurisdiction, including marriage, divorce, inheritance, and related civil matters. It clarifies that non-Muslim residents and citizens may opt into the law's framework for their personal status affairs, ensuring legal recognition and protection of their civil rights in accordance with UAE legal procedures while respecting their personal circumstances.

3. Статья FDL-29-2021, Article 3

   Article 3 of Federal Decree-Law No. 29 of 2020 establishes the scope of application for civil personal status matters concerning non-Muslims in the UAE. The article defines which legal issues fall under this law's jurisdiction, including marriage, divorce, succession, and related civil matters for individuals who are not subject to Islamic Sharia law. The provision clarifies the territorial and personal application of the law, ensuring that non-Muslim residents and citizens have a defined legal framework for their personal status affairs separate from Islamic family law provisions.

4. Статья Article 4, Federal Decree-Law No. 29 of 2021 on Civil Personal Status (Non-Muslims)

   Article 4 of Federal Decree-Law No. 29 of 2021 establishes the jurisdiction and applicability framework for civil personal status matters of non-Muslims in the UAE. The law applies to non-Muslim residents and citizens regarding marriage, divorce, inheritance, and related personal status issues, provided they elect to be governed by its provisions. The article clarifies that non-Muslims may choose to apply civil personal status law in place of religious or customary personal law, enabling uniform legal treatment within UAE courts. This provision ensures legal certainty and accessibility for non-Muslim communities while respecting individual choice in selecting applicable legal frameworks.

5. Статья Article 5, Federal Decree-Law No. 29 of 2020

   Article 5 of FDL-29-2021 establishes the jurisdiction of courts in civil personal status matters for non-Muslims in the UAE. The provision determines which courts are competent to hear cases concerning marriage, divorce, inheritance, guardianship, and related civil personal status issues. The law designates specific judicial authorities responsible for adjudicating disputes and registering civil personal status documents for non-Muslim residents and citizens. This jurisdictional framework ensures orderly handling of civil personal status cases while respecting the religious and cultural contexts of non-Muslim communities within UAE territory.

6. Статья FDL-29-2021, Article 6

   Article 6 of Federal Decree-Law No. 29 of 2020 addresses the jurisdiction and applicable law for personal status matters of non-Muslim residents in the UAE. The article establishes that non-Muslim individuals may register their personal status transactions, including marriage, divorce, and guardianship, in accordance with the provisions of this law. It clarifies the framework within which civil personal status regulations apply to eligible non-Muslim parties, ensuring legal recognition of their personal status events through a dedicated civil registry system separate from Islamic law provisions.

7. Статья Article 7

   Civil divorce: no-fault unilateral divorce available; either spouse may apply.

8. Статья Article 8, Federal Decree-Law No. 29 of 2020 on Civil Personal Status (Non-Muslims)

   Article 8 of FDL-29-2021 addresses the conditions and procedures for marriage registration among non-Muslims in the UAE. The article establishes that marriages must be registered with the competent civil authority and sets forth essential requirements for validity. These include verification that both parties meet legal capacity standards, are free from impediments to marriage, and have provided informed consent. The registration process ensures documentation of the marital relationship and creates legal rights and obligations recognized under UAE civil law for non-Muslim couples.

9. Статья Article 9, Federal Decree-Law No. 29 of 2021 on Civil Personal Status (Non-Muslims)

   Article 9 of FDL-29-2021 establishes provisions governing the capacity and legal standing of non-Muslim individuals in civil personal status matters. The article addresses the conditions under which persons may exercise rights and assume obligations in areas including marriage, divorce, inheritance, and guardianship. It ensures that non-Muslim residents and citizens possess the requisite legal capacity to enter into personal status contracts and proceedings, subject to compliance with applicable civil law requirements and procedural provisions outlined in the Federal Decree-Law. The article reinforces the framework enabling non-Muslims to conduct personal status affairs under UAE civil law.

10. Статья Article 10, Federal Decree-Law No. 29 of 2020

    Article 10 of FDL-29-2021 addresses the capacity and legal competence requirements for marriage among non-Muslims in the UAE. The provision establishes that individuals entering into civil marriage must possess the necessary legal capacity as defined by the law. Both parties must meet age requirements and demonstrate absence of legal impediments to marriage. The article ensures that persons lacking full legal capacity, including minors below the prescribed age threshold, cannot validly contract marriage. These capacity rules protect vulnerable individuals while maintaining the legal framework governing civil personal status matters for non-Muslim residents and citizens in the UAE.

11. Статья Article 11

    Inheritance: assets may be distributed under the civil framework or under the law of the deceased's nationality.

12. Статья Article 12 - FDL-29-2021

    Article 12 of Federal Decree-Law No. 29 of 2020 on the Civil Personal Status (Non-Muslims) addresses the legal capacity and rights of non-Muslim individuals in civil personal status matters within the UAE. The article establishes the framework for recognizing the civil legal capacity of non-Muslims, enabling them to exercise rights and assume obligations in accordance with the law's provisions. This includes capacity to enter into personal status transactions such as marriage, divorce, and inheritance proceedings under the civil system established by FDL-29-2021, rather than under religious personal status laws. The article ensures equal treatment and legal recognition for non-Muslim residents and citizens in civil personal status affairs.

13. Статья Article 13, Federal Decree-Law No. 29 of 2021 on Civil Personal Status (Non-Muslims)

    Article 13 of FDL-29-2021 establishes provisions regarding the capacity and legal competence of individuals in personal status matters. The article sets conditions for persons to exercise rights and undertake obligations in civil personal status proceedings, including marriage, divorce, and inheritance. It ensures that individuals possess the necessary legal capacity as determined by their personal law or applicable jurisdiction. The law recognizes variations in capacity based on age, mental competence, and other relevant factors that affect a person's ability to validly enter into personal status transactions within the UAE's civil framework for non-Muslim residents.

14. Статья FDL-29-2021, Article 14

    Article 14 of Federal Decree-Law No. 29 of 2020 addresses procedural requirements for marriage registration among non-Muslims in the UAE. The article establishes that marriage contracts must be documented and registered with competent civil authorities to be legally valid. The provision specifies essential conditions for registration, including presentation of required identity documents, proof of legal capacity of both parties, and absence of legal impediments to marriage. Registration procedures ensure compliance with the law's requirements and create an official record of the marital relationship for legal and administrative purposes.

15. Статья FDL-29-2021, Article 15

    Article 15 of Federal Decree-Law No. 29 of 2020 addresses the conditions and procedures for marriage registration for non-Muslims in the UAE. The article establishes requirements that prospective spouses must meet before a marriage can be officially recorded, including submission of necessary personal documentation and evidence of legal capacity to marry. The provision ensures that marriages are documented through proper civil procedures, maintaining clear legal records while respecting the personal status frameworks applicable to non-Muslim residents and citizens. Registration requirements support legal clarity regarding marital rights and obligations.