Federal Decree-Law No. (41) of 2024 — Issuance of the Personal Status Law

255 دفعات

1. دفعہ 1

   Scope of Application of the Law

   1. The provisions of this Law shall apply to UAE citizens if both parties of the relationship or one of them is Muslim.

   2. The provisions of this Law apply to non-Muslim UAE citizens unless they have provisions specific to their sect and religion or they agree to apply another law permitted by the legislation in force in the State.

   3. The provisions of this Law shall apply to non-UAE citizens unless one of them insists on applying his/her law or any other law that has been agreed to be applied, as permitted by the legislation in force in the State.

   4. The provisions of this Law shall apply to all events that occurred after its provisions are into force. In addition, it applies retrospectively to deeds of divorce, divorce proceedings, and proof or denial of lineage proceedings, for which a final judgement has not been issued.

2. دفعہ 2

   Calculating the Durations The Gregorian calendar shall be adopted for the durations mentioned in this Law unless otherwise stated.

3. دفعہ 3

   Courts’ Competence

   1. The courts of the State shall be competent to consider cases related to Personal Status issues filed against citizens and foreigners who have a domicile, place of residence, or place of work in the State.

   2. The court, within whose jurisdiction falls the respondent’s domicile, place of residence or place of work, shall be competent. In case of multiple respondents, competence shall be granted to the court within whose jurisdiction falls the domicile, place of residence or place of work of one of them.

   3. The court, within whose jurisdiction the plaintiff’s or respondent’s domicile, residence, or place of work or marital home falls, shall be competent to hear cases filed by the children, the wife, the parents, or the custodian, as the case may be, in the following matters:

   a. Alimonies, wages, and the like.

   b. Custody, visitation, and related issues.

   c. Dowry, trousseau, gifts, and the like.

   d. Divorce, Khula’, acquittal, revocation, and separation between spouses in all their forms.

   4. The court within whose jurisdiction in the State falls the most recent domicile, residence, or place of work of the deceased, shall be competent to verify the proof of inheritance, wills, and liquidation of estates. If the deceased did not have a domicile, residence or place of work in the State, competence shall be attributed to the court within whose jurisdiction falls one of the assets of the estate.

   5. Local jurisdiction in matters of guardianship is determined as follows:

   a. In matters of guardianship (Wilayah) , at the domicile or place of residence of the guardian or minor, and in matters of tutorship (Wisaya) , at the most recent domicile or place of residence of the deceased or minor.

   b. In matters of interdiction, at the domicile or place of residence of the person to be interdicted.

   c. In matters of absence, at the most recent domicile, place of residence, or location of the absent person.

   d. If none of those mentioned in paragraphs (a), (b), and (c) has a domicile or place of residence in the State, competence shall be vested in the court within whose jurisdiction

   Hereinafter, the term “guardianship” is used interchangeably with the Arabic term (Wilayah), unless otherwise expressly stated. Hereinafter, the term “tutorship” is used interchangeably with the Arabic term (Wisayah), unless otherwise expressly stated.

   the domicile or place of residence of the applicant is located, or the court within whose jurisdiction the property of the person whose protection is sought is located.

   e. The court, that issued a ruling of interdiction or ordered the withdrawal or suspension of guardianship, shall refer the case to the court within whose jurisdiction the domicile or place of residence of the Minor is located to appoint someone to supervise him/her, whether a guardian (Wali) or tutor (Wasi)

   6. If the respondent has no domicile, place of residence or place of work in the State, and it is not possible to designate the competent court by the provisions of the previous paragraphs, competence shall be to the court within whose jurisdiction the domicile, place of residence or place of work of the plaintiff is located, otherwise competence shall be vested to the court of the capital.

4. دفعہ 4

   Competence of Courts in Cases Filed Against a Foreigner Who Has No Domicile in the State The courts of the State have the competence to hear cases related to Personal Status filed against a foreigner who has no domicile, residence, or place of work in the State, in the following cases:

   1. If the case is an objection to a marriage contract to be concluded in the State.

   2. If the case is related to a request to revoke or annul a marriage contract, or to divorce or repudiation, and the case is filed by a State citizen wife or a wife who has lost the citizenship of the State, provided that she has a domicile or place of residence in the State, or if it is filed by a wife who has a domicile or place of residence in the State against her husband who had a domicile, place of residence or place of work in the State, provided that the husband has abandoned his wife and made his domicile or place of residence or place of work abroad, has been deported from the State or if his domicile abroad is unknown.

   Hereinafter, the term “guardian” is used interchangeably with the Arabic term (Wali), unless otherwise expressly stated. Hereinafter, the term “tutor” is used interchangeably with the Arabic term (Wasi), unless otherwise expressly stated.

   3. If the case is related to a request for alimony for parents, wife, or a minor, who have a domicile, place of residence, or place of work in the State.

   4. If the case concerns the lineage of a minor who has a domicile or place of residence in the State, or concerns a matter of guardianship over a person or property, provided that the minor or the person to be interdicted has a domicile or place of residence in the State, or that the absent person’s most recent domicile, place of residence or place of work was there.

   5. If the case is related to a personal status issue, and the plaintiff is a citizen or a foreigner with a domicile, place of residence, or place of work in the State, where the respondent does not have a known domicile or place of residence abroad or if the national law is the applicable law in the State.

   6. If there are multiple respondents and one of them has a domicile, place of residence, or place of work in the State.

   7. If he has a chosen domicile in the State.

5. دفعہ 5

   The Competence of the Personal Status Judge and the Estate Judge

   1. The Personal Status judge shall be competent to consider all disputes arising from the application of this Law and everything related to marriage, divorce, dowry, withdrawal of engagement, and all Personal Status matters.

   2. By way of exemption to what is stated in Clause (1) of this Article, the estate judge shall have jurisdiction over the following:

   a. Issuing a ruling to prove death, list of heirs, list and liquidate and distribute the estate, appoint a guardian (Wasi) for minors and a tutor (Wasi) on the estate, and take all that is required to preserve the estate.

   b. Considering all disputes related to the inventory list, the liquidation of the estate, or the division and distribution of its assets among the heirs, and any civil, real estate, or commercial case arising, or deriving from, the estate related to its ownership, liquidation,

   or any of its affairs between the heirs and others, and disputes that occur between the heirs, guardians, and those in their position.

   c. Any incidental requests relating to the removal or introduction of an heir, wills, endowments (Waqf), or settlement between heirs in grants arising from the estate or inseparably connected thereto.

   d. Certain competences mentioned in this Article may be assigned to a competent department or specialized court by a decision of the Federal Judicial Council or the head of the Local Judicial Authority.

6. دفعہ 6

   Court Permit or Approval

   1. In cases where the law requires obtaining the permit or approval of the court, or where the law requires that the matter be referred to a judge, the application shall be submitted to the court within whose jurisdiction the applicant’s domicile or place of residence is located, by an order on petition unless the law provides otherwise.

   2. The court may conduct the required investigation and request whatever it deems necessary; It shall hear the proof and request the required documents.

   3. Any interested party may appeal this order within one week as of the day following its issuance if it was in person, and from the day following its announcement if it was deemed in person, the court shall issue its ruling on the appeal by upholding, amending, or cancelling it, such ruling shall be subject to appeal.

7. دفعہ 7

   Directing the Dispute In Case of a Claim for a Missing Person Judgment In the event of a claim for a missing person judgment, the dispute shall be directed to the potential heirs of the missing person, his/her agent or the person appointed as his/her agent, and to the Public Prosecution.

8. دفعہ 8

   Family Guidance Department

   1. Before referring the case to the competent court, the supervising judge may issue a decision to refer the parties of the case to the Family Guidance Department/ Section to resolve the dispute between them amicably if he/she deems it feasible. Matters of wills, inheritance, and the like, urgent and temporary cases, urgent and temporary orders concerning alimony, custody, tutorship (Wisayah), and cases in which reconciliation is not foreseeable such as cases to prove marriage and prove divorce, shall be exempted from referral to the Family Guidance Department/ Section

   2. If a reconciliation is reached between the parties before the Family Guidance Department/ Section, it shall be recorded in a report signed by the parties and the family counselor. The report shall be approved by the supervising judge and have the force of execution writs. It shall not be subject to appeal in any way unless it contradicts the provisions of this Law.

9. دفعہ 9

   Duration for Judgments Appeal and Cassation The duration to file for appeal and cassation in rulings issued in personal status matters stipulated in this law is (30) thirty days.

10. دفعہ 10

    Commencement of the Duration of Appeal The commencement of the duration of appeal of the judgment shall begin on the day following the date of its issuance if it was in person, and on the day following the notice of the party against whom the judgment is rendered if it was deemed in person.

    Chapter Two Engagement

11. دفعہ 11

    Definition of Engagement Engagement is a man’s request to marry a woman who is permissible for him and a promise to marry her. Engagement is not deemed to be a marriage.

12. دفعہ 12

    Cancellation of Engagement Both the fiancé and the fiancée have the right to withdraw from the engagement.

13. دفعہ 13

    Gifts During the Engagement Period Everything that the fiancé or fiancée presents to the other party during the engagement period is deemed a gift unless the fiancé proves that what he presented is deemed a dowry or is customarily deemed part of the dowry.

14. دفعہ 14

    Redeeming Gifts

    1. If one or both parties withdraw from the engagement, only gifts conditional on the completion of the marriage shall be returned, as well as valuable gifts each of which exceeds (25,000) twenty-five thousand dirhams in value, if they still exist, otherwise by their equivalent or their value on the day of receipt, unless the gift is consumable by nature.

    2. If the engagement ends by death, or for a reason beyond the control of either party, none of the gifts may be redeemed.

15. دفعہ 15

    Redeeming the Dowry Presented During the Engagement Period

    1. If either the fiancé or the fiancée refrains from concluding the marriage contract or dies before the contract, and the fiancé had given his fiancée property before the contract as part of the dowry, the fiancé, or his heirs, is entitled to reclaim what was given in kind if it still exists, otherwise by its equivalent or its value on the day of receipt.

    2. If the fiancée buys with the dowry, or part of it, trousseau to the purpose of the marriage, according to custom, and the fiancé’s withdrawal is with no reason on her part, or her withdrawal is because of the fiancé, then she is entitled to choose between returning the dowry or handing over what she purchased in its condition unless an agreement stipulating otherwise exists.

    3. If the fiancée buys with the dowry, or part of it, to the purpose of marriage, according to custom, and the withdrawal is from her part without a reason from the fiancé, then she is obliged to return the dowry, or else its equivalent or its value on the day of receipt.

    Chapter Three Marriage

16. دفعہ 16

    Definition and Purpose of Marriage Marriage is a contract concluded in accordance with the provisions of this Law with elements and conditions between a man and a woman with the intention of perpetuating the marital relationship between them. It establishes rights and duties among spouses, aiming at chastity and purity, and the establishment of a stable family that spouses care for with affection and mercy.

17. دفعہ 17

    Definition of Seclusion Seclusion is the meeting of spouses before intercourse in a place where each of them feels safe with the other without being overseen. Seclusion is proven by their agreement if they acknowledge it or by the testimony of witnesses.

18. دفعہ 18

    Elements of Marriage Contract The elements necessary for the conclusion of a marriage contract are:

    1. Offer and acceptance of spouses.

    2. The guardian if the wife is Muslim, with the exception of a non-citizen Muslim wife, if the law of her nationality does not require her to have a guardian in marriage.

19. دفعہ 19

    Eligibility for Marriage

    1. The legal capacity for marriage is completed by sanity and the person reaching (18) eighteen Gregorian years of age.

    2. It is prohibited to document a marriage contract for anyone who has not reached the age of

    (18) eighteen Gregorian years, whether male or female, except with the permit of the court and after verifying the existence of an interest in this marriage, and that it meets the controls and procedures for marrying those under the age of (18) eighteen Gregorian years, which are determined by a resolution issued by the Cabinet based on a proposal from the Minister of Justice.

    3. If a person who has not reached the age of (18) eighteen Gregorian years requests marriage and his guardian refuses to get him married, the person may bring the matter to Court. The court shall specify a period for the guardian to attend after informing him, to clarify his statements. If he does not attend, or if he attends and his objection is unjustified, the court shall get the person married.

    4. Anyone who has been legally married has the capacity to litigate and appoint an agent in all matters related to marriage and its effects if he/she is sane, even if he/she has not reached the age of majority.

    5. If the fiancée is a virgin and the age difference between her and the fiancé is more than (30) thirty years, the marriage shall not be concluded except with the permit of the Court.

20. دفعہ 20

    Marriage of a Prodigal, Lunatic, or Idiot

    1. A male who has reached the age of majority and is prodigal or has become prodigal may get himself married. The guardian over property, before intercourse, may object to what exceeds twice the usual dowry. The exception to this is the waiver of financial rights arising from marriage.

    2. The court may authorize the marriage of a lunatic or idiot based on the guardian’s request, after the following conditions are met:

    a. This marriage is in the interest of the lunatic or idiot.

    b. The other party accepts to marry him after informing her of his condition.

    c. That the guardian submits a medical report approved by a governmental body on the case of lunacy or idiocy, indicating the possibility of transmitting it to his offspring.

21. دفعہ 21

    Order of Guardians in Marriage The order of guardians in marriage is as follows:

    1. The father, then the one he specifies in a will, then the paternal grandfather, even if he ascends, then the son, then the full brother, then whoever the woman chooses from: the son’s son, even if he descends, then the paternal brother, then the son of the full brother, then the son of the paternal brother, even if they descend, then the full uncle, then the paternal uncle, or whoever the Court appoints from among them, or the judge himself/herself.

    2. If the guardians are equal in rank, the one appointed by the woman shall take precedence. If she does not appoint one, then any guardian of them may undertake the marriage contract.

    3. If the woman’s guardian is unable to attend or cannot be informed, the Court shall, upon the request of the woman or any interested party, transfer the guardianship of marriage to the next guardian.

    4. It is forbidden to get a girl married without her consent, and in all cases, the marriage contract shall include proof of consent.

22. دفعہ 22

    Marriage of a Person Who Has No Guardian The Judge is the guardian of anyone who has no guardian, and he is permitted to marry himself to the woman over whom he has guardianship.

23. دفعہ 23

    Requirements of Guardian in Marriage The guardian in marriage shall be a sane man who has reached the age of majority. If one of the conditions of guardianship is missing, the next guardian shall conduct the marriage.

24. دفعہ 24

    The Woman’s Prevention by Her Guardian from Getting Married If the guardian, even if he is the father, prevents a woman over whom he has guardianship, from marrying a man of her equivalence, and whom she has accepted and with a usual dowry, the Court shall undertake the marriage of the woman at her request or the request of an interested party. The court may transfer her guardianship to any of the guardians for an interest it deems appropriate or authorize whomever it deems appropriate to conduct the contract.

25. دفعہ 25

    Terms of the Offer and Acceptance The offer and acceptance shall meet the following conditions:

    1. They align explicitly in terms of words that convey the meaning of marriage in language and custom.

    2. They must be coupled together at the same gathering ipso facto, and may be coupled together ipso jure, as prescribed by the legislation in force in this regard.

    3. They shall be absolutely final, not subject to condition, not linked to the future, and not indicating timing.

26. دفعہ 26

    Conditions for the Validity of the Marriage Contract The following conditions shall be met for the marriage contract to be valid:

    1. Specifying the spouses.

    2. The wife should not be, permanently or temporarily, part of the category of women to whom marriage is prohibited for the specified man.

    3. The consent of the wife.

    4. The offer by the guardian (in case the wife is Muslim) and the other’s acceptance, with the exception of the non-citizen Muslim wife if the law of her nationality does not require her to have a guardian in marriage.

    5. Testimony of two witnesses.

27. دفعہ 27

    Requirements of Witness The witness shall be a sane man, has reached the age of majority, has heard the offer and acceptance and understood what is meant by them, and be a Muslim as long as the husband is a Muslim.

28. دفعہ 28

    Prohibitions Due to Kinship

    1. It is permanently forbidden, due to kinship, to marry:

    a. Ascendants, even if they ascend.

    b. Descendants, even if they descend.

    c. The descendants of the parents, even if they descend.

    d. The first layer of the descendants of grandfathers or grandmothers.

    2. It is forbidden for a person to marry his/her descendant from adultery, even if they descend.

29. دفعہ 29

    Prohibitions Due to Affinity

    1. It is permanently forbidden for a man, due to affinity, to marry:

    a. His wife’s ascendants, even if they ascend.

    b. The descendants of his wife with whom he had intercourse, even if they descend.

    c. Whoever is the wife of one of his ascendants, even if they ascend, or the wife of one of his descendants, even if they descend.

    2. Entering into an invalid marriage entails the same consequences of prohibitions due to affinity in a valid marriage.

30. دفعہ 30

    Prohibitions Due to Accusation of Adultery

    1. It is permanently forbidden for a man to marry a woman whom he accused of adultery before the Judiciary, even if he retrieved his accusation.

    2. A person is prohibited from marrying his daughter that he denied due to an accusation of adultery.

31. دفعہ 31

    Prohibitions Due to Breastfeeding Breastfeeding relationship prohibits what is prohibited by lineage if the following conditions are met:

    1. Breastfeeding should have occured during the first two years of the newborn’s life.

    2. The number of times of breastfeeding shall be (5) five certain separate breastfeedings, even if they are close in time.

    3. Breastfeeding is proven in the following order: the admission of the wet nurse, or the testimony of her husband, her descendants, or two women close to her.

32. دفعہ 32

    Cases of Temporary Prohibition of Marriage Marriage is temporarily forbidden in the following cases:

    1. A man’s marriage to someone else’s wife.

    2. A man’s marriage to a woman in her Waiting Period from another man.

    3. A man’s marriage to a woman who has been irrevocably divorced from him by three divorces, unless her waiting period from another husband with whom she had intercourse in a valid marriage has ended.

    4. Marrying more than four women, even if one of them is in the waiting period of a revocable divorce.

    5. Combining in marriage two sisters, or a woman and her paternal aunt or maternal aunt. Such combining is deemed to have occurred even if one of them is in her waiting period from him, even if the divorce is irrevocable.

    6. The marriage of a Muslim man to a woman of a non-Abrahamic religion

    7. The marriage of a Muslim woman to a non-Muslim man.

    “Non-Abrahamic religions” is used as a term to refer to non-Christian and non-Jewish religions. Obviously, Abrahamic religions are Islam, Christianity, and Judaism.

33. دفعہ 33

    Constraints on Conditions in the Marriage Contract

    1. The spouses are bound by their conditions, except for a condition that makes permissible what is forbidden or forbids what is permissible.

    2. If a condition that is stipulated in the marriage contract contradicts its essence, the contract is void.

    3. If a condition is stipulated in a marriage contract that does not contradict its essence but contradicts its requirements or is forbidden by Islamic Sharia, the condition is void and the contract is valid.

    4. If a condition is stipulated in a marriage contract that does not contradict its essence, nor its requirements, and is not forbidden by Sharia, the condition is valid and shall be fulfilled. If one of the spouses fails to fulfill the condition stipulated by the other, the one who stipulated it has the right to request revocation of the marriage contract unless he/she waives his/her right explicitly or implicitly. The passage of one year from the date of knowledge of the occurrence of the violation is deemed to be implicit consent, and the right of revocation shall also be extinguished by irrevocable divorce.

    5. If the failure to fulfill the condition is on the part of the husband, the revocation shall be without consideration, and if it is on the part of the wife, it shall be with consideration not exceeding the dowry.

    6. The condition shall not be deemed as proving the option to revoke the marriage contract unless the condition is stated in writing in the marriage contract document or acknowledged by the spouses.

    7. No condition shall be considered in the event of denial unless it is stated in writing in the authenticated marriage contract.

34. دفعہ 34

    Conclusion of the Marriage Contract Marriage is concluded by the offer and acceptance between the parties to the contract, using the explicit wording of marriage, in writing in case of inability to speak, and by a comprehensible signal in case of inability to speak or write.

35. دفعہ 35

    Types of Marriage Contracts Marriage contracts are of two types:

    1. Valid marriage contract.

    2. Invalid marriage contract, including the following:

    a. Invalid marriage contract in which one or more of the elements of the marriage contract are missing.

    b. Al-Fased marriage contract in which one or more of the conditions for the validity of the contract are missing.

36. دفعہ 36

    Valid Marriage Contract A marriage contract is valid if its elements and conditions are met, and its effects are established from the moment it was concluded.

    The literal translation of the word “Al-Fased contract” is “the tainted contract”. The word is derived from the Islamic law (specifically the Hanafi doctrine/ school). Hence, wherever the word “voidable” is used in this Code it means “Al-Fased”. The other Arab Civil Codes instead adopted the concept of the “voidable contract” under French law which in this respect is similar to the English Law. Most of the said Civil Codes followed the Egyptian Code in providing for a three-year period during which either party to the contract may take measures to void it, otherwise it remains valid.

37. دفعہ 37

    Invalid Marriage Contract A marriage contract is invalid if one of its elements, or one of its validity conditions, is missing, or if a condition stipulated therein contradicts its essence.

38. دفعہ 38

    Effects of Void Marriage Contract

    1. A void marriage shall have no effect before intercourse.

    2. A void marriage, after intercourse, results in a waiting period and proof of lineage.

39. دفعہ 39

    Effects of Al-Fased Marriage Contract

    1. The court shall revoke Al-Fased marriage contract, and it has no effect before intercourse, except for divorce if the husband issues it, in which case it becomes a minor irrevocable divorce.

    2. The consequences of Al-Fased marriage after intercourse are the following:

    a. The woman is entitled to the specified dowry or the usual dowry if the dowry is not specified,

    b. Proof of lineage,

    c. Obligation to waiting period,

    d. The sanctity of affinity,

    e. Woman’s entitlement to alimony unless she was aware that the contract is Al-Fased.

40. دفعہ 40

    Correction of the Al-Fased

    Marriage Contract It is permissible for spouses in the case of Al-Fased marriage contract to conclude a new marriage contract that meets the elements and conditions without the need for a judicial ruling to revoke

    the previous Al-Fased contract, provided that the procedures regulating the documentation of marriage contracts are met.

41. دفعہ 41

    Documenting the Marriage Contract

    1. The marriage contract shall be documented in the court in accordance with the legislation in force.

    2. Any interested party may request proof of an undocumented marriage contract.

    3. The marriage contract should fulfill the requirements and submit the documents and medical reports stipulated by the legislation in force in this regard.

42. دفعہ 42

    Equivalency

    1. The husband shall be equivalent to the woman at the time of concluding the marriage contract, and the loss of equivalency thereafter does not affect the contract. Equivalency is a right for both the woman and her guardian who is fully capacitated.

    2. The criterion for equivalency is the husband's religious integrity, and custom is considered in determining equivalency in matters other than religion.

    3. Distant guardians have no right to object the marriage due to non-equivalency except in the absence of the closest guardian or his lack of capacity.

43. دفعہ 43

    The Right of the Wife and Her Guardian to Request Revocation of the Contract Due to Non-Equivalency If a man claims equivalency or fabricates what deceives to its existence, or equivalency is stipulated in the contract, thereafter it appears that he is non-equivalent, then both the wife and her guardian have the right to request revocation. If the guardian refrains from doing so, the wife may refer the matter to court.

44. دفعہ 44

    The Extinguishment of the Wife’s Right to Request Revocation for the Lack of Equivalency The right of the wife to request revocation due to the lack of equivalency is extinguished by her pregnancy, the passing of one year since the date of intercourse or receiving prior consent from the person requesting the revocation.

45. دفعہ 45

    Dowry

    1. Dowry is the property paid by the man to the woman by virtue of the marriage contract, and its determination is subject to the dowry determination law.

    2. Dowry is the woman’s ownership, and she shall not be obliged to any disposal thereof, and any condition to the contrary shall not be considered.

46. دفعہ 46

    Postponement of Dowry

    1. It is permissible to agree in the marriage contract to postpone the payment of all or part of the dowry.

    2. If the contract does not stipulate that the dowry payment be postponed and does not specify a particular time for its delivery, it shall be delivered upon request.

    3. If the contract provides that the dowry be deferred, and a specific known term is mentioned, then the dowry becomes due by the end of that term. However, if an unknown term is mentioned, then it shall be due in advance.

    4. If the dowry is subject to a condition, it becomes due upon its occurrence, irrevocable separation, or the death of one of the spouses.

    5. In all cases, the dowry becomes due upon irrevocable separation or the death of one of the spouses.

47. دفعہ 47

    The Obligation, Confirmation, and Entitlement to the Dowry

    1. Except in the case of void marriage contract, the dowry is obligatory in accordance with the marriage contract.

    2. The full dowry or the usual dowry is confirmed by intercourse, proper seclusion, or the death of one of the spouses.

    3. A woman who is divorced before intercourse is entitled to half of the dowry if it is specified, otherwise, she is entitled to no more than half of the usual dowry.

48. دفعہ 48

    Usual Dowry A woman is entitled to the usual dowry in the following cases:

    1. Silence about naming the dowry.

    2. Denying the dowry in the marriage contract,

    3. Not specifying the dowry correctly in the contract.

49. دفعہ 49

    Rights of Spouses Both spouses shall consider the following:

    1. Good companionship to each other in accordance with custom and exchanging respect in a manner leading to affection and mercy between them.

    2. Neither party shall harm the other materially or morally.

    3. Neither spouse shall refrain from sexual intercourse or having children except with the consent of the other party.

    4. Living in the marital house unless otherwise stipulated in the contract, and the Court shall consider the interest of the family in the event of a dispute between the spouses.

    5. Preserving family interests, caring for children, and raising them well.

    6. The husband is obliged to provide maintenance in a manner consistent with custom, and is obliged to equity among his wives in treatment, division, and obligatory maintenance.

    7. The wife shall obey her husband in a manner consistent with custom, and breastfeed their children unless there exists a legally permissible impediment.

50. دفعہ 50

    The Wife’s Right to Refrain from Intercourse and Moving into the Marital House

    1. The wife may refrain from entering and moving into the marital home until she receives her due dowry and until the husband provides her with an appropriate house in accordance with the husband’s financial capability.

    2. If the wife accepts to consummate the marriage before receiving her due dowry, it remains a debt owed by the husband and she may request it at any time she wishes, but she does not have the right to refuse thereafter if he provides her with an appropriate house.