Question: I am an adult woman living in the UAE on a work visa. My parents reside here in the UAE as well. I am in love with a colleague and we plan to get married soon. If my parents don’t agree to our union, will they be able to prevent our marriage? Please advise.
Answer: Pursuant to your queries, the responses are addressed based on the provisions of Federal Law No. 28 of 2005 on Personal Status subsequently amended by Federal Decree Law No. 8 of 2019, Federal Decree Law No. 5 of 2020 and Federal Decree Law No. 29 of 2020 and Federal Decree Law No. 41 of 2022 on Personal Laws for Non-Muslims as you have not mentioned your religion and the religion of your fiancé in the query.
Generally, in the UAE, Muslims who intend to marry need to be 18 years of age. This is in accordance with Article 30(1) of the Personal Status Law of UAE, which states, “Capacity to marriage is completed by reason and maturity. The age of maturity is 18 years, completed, unless the person concerned matures earlier in conformity with the law.”
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Furthermore, the basic elements for the intended marriage of Muslims in the UAE, include two contracting parties (husband and the tutor), the object and the offer and acceptance. This is under Article 38 of the Personal Status Law of UAE, which states, “The elements of a marriage contract are:
1. The two contracting parties (the husband and the tutor)
2. The Object.
3. Offer and Acceptance.”
Moreover, in accordance with the degree of relationships, the father is a primary tutor and consent of the tutor is a mandatory requirement in a Muslim marriage. This is in accordance with Article 32 of the Personal Status Law of UAE, which states, “The tutor, in marriage, is the father then the agnates by themselves according to the succession order: son, then brother, then uncle. Should two tutors be equal in degree of kinship, the marriage that was concluded according to the conditions set forth by any of them shall be valid. The one authorised by the engaged female shall appointed.”
A tutor must be a male of sound mind and a practising Muslim. This is in accordance with Article 33 of the Personal Status Law of UAE, which states, “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.”
Additionally, in the event a tutor does not agree to a marriage of the intended Muslim couple, then such individual may approach the court and if the judge is convinced he may conduct the wedding of such couple. This is under Article 30(3) & (4) of the Personal Status Law of UAE, which states:
“3. Should the person having completed the age of eighteen request marriage but failed to obtain the approval of his tutor, he may refer the matter to the judge.
4. The judge shall fix a period for the tutor, after his notification to appear before him to hear his argument. Should he fail to appear, or his opposition to the marriage is not convincing, the judge shall conduct the marriage.”
Non-Muslim marriage
With regards to the marriage of non-Muslims in the UAE, a couple who intend to marry before the competent court in Dubai (specifically Personal Status Court in the respective emirate) if both the boy and girl have attained the age of 21 and the couple should declare their consent before the judge to marry.
This is in accordance with Article 5 of the UAE Personal Status Law for Non-Muslims, which states, “The civil marriage shall be conditional upon the following:
1. Both spouses must be at least 21 years of age. Age is proved by any official document issued by their respective countries of nationality.
2. Marriage must not be between siblings, children, grandchildren or uncles, and any other cases specified by the Implementing Regulations.
3. Each spouse must expressly declare before the certification judge his/her consent to marriage, and that there is nothing which would legally prevent the acceptance of his/her consent.
4. Spouses must sign the disclosure form.
5. Any other conditions set out by the Implementing Regulations of this Decree-Law.”
Article 6 of the UAE Personal Status Law for Non-Muslims states procedures of civil marriage contract and its certification.
Based on the aforementioned provisions of law, if you and your fiancé are Muslims, then the consent of your parent (father) may be a mandatory requirement for your marriage. However, if your father disagrees with the marriage with your fiancé, you may approach the Personal Status Court in the emirate where you are currently residing.
However, if you and your fiancé are non-Muslims, you may marry as per the provisions of the UAE Personal Status Law for Non-Muslims in Personal Status Court in the emirate where you are residing. In this scenario, there may be no requirement for the consent of parents. Additionally, if you and your fiancé are of the same nationality, you may approach your home country’s Embassy or the Consulate in the UAE to marry under the requirements and provisions of your home country’s personal law, if such a service is provided by the Embassy or Consulate of your home country.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: [email protected] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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