Rights of Second Wife in the UAE For Muslims and Non-Muslims

All marriages solemnized in the UAE have a structured system. The marriage laws of the UAE are an amalgamation of federal laws, sharia principles, and civil laws. The Islamic laws are primarily for Muslim couples, and civil family laws are mainly for non-Muslim couples in the UAE.

In the UAE, marriage is termed as valid and legitimate only if it meets certain criteria based on federal and emirate-level laws.

If you are dealing with any family related matters or need guidance about marrying for the second time, you should consult family lawyers in the UAE for such matters. They can guide you better and also assist you according to the local laws and rules.

The key question that arises is about the rights of the second wife. Islam permits a second marriage.

It is highly practiced in the UAE. People make feel uncertain about the laws that differ on the basis of religion, nationality, background, and type of marriage contract.

There is more complication involved, which becomes overwhelming for the families. It is important for families to understand the legal protections, application of laws, and how rights are enforced in the UAE.

There are multiple laws that govern the familial matters in the UAE. Some of the main laws for marriage recognition are as follows:

This law is categorically for the Muslims living in Emirates. It explains in detail how marriages must be recorded and proved under Sharia principles.

Moreover, the Muslims adhere to the Sharia principles, which permit polygamy with certain conditions. Polygamy is the act of having 2 or more wives at 1 time.

The law is specifically for non-Muslims in the UAE. It adheres to the civil legal structure. It recognizes the monogamous marriages with no space for polygamy.

Any marriage is recognized in the UAE with a valid and licit certificate. It is normally issued by the court or a relevant authority.

In several cases, foreign marriage certificates are also acceptable and recognized. However, they must be properly attested via the concerned authorities like the embassy and the UAE Ministry of Foreign Affairs.

For instance, if a second marriage is not legally registered in the UAE, the second wives will not receive the formal legal rights in the UAE. Therefore, registration is mandatory for legal protection and getting legal rights.

UAE adheres to Islamic laws based on the Quran, Sunnah, and Hadith. Any Muslim man can marry up to 4 wives at a time. He must treat them all fairly, respectly, and equally according to the Sharia Laws.

The Federal Law No. 28 elaborates on the obligations regarding financial support, housing, and marital rights.

Islam permits polygamy, but under very strict terms and conditions. A man must ensure every wife receives equitable treatment.

Further, the husband should meet the financial responsibility towards each wife. Man is responsible for providing the appropriate living arrangement for the wives.

Every wife is entitled to get maintenance. It is also called ‘Nafaqah’. It refers to take care of basic needs, including:

• Food
• Clothing
• Shelter
• Medical care
• Housing

The UAE rights for second wife for Muslims law ascertains that the husband is responsible for managing these responsibilities and ensure fair treatment towards all.

Financial maintenance lies with the husband, and thus, if the husband is reluctant to provide equal treatment, the second wife can file a claim. The second wife can easily approach the UAE family court to register a complaint. It is the right of the second wife to lodge a complaint against the husband if unsatisfied.

A wife who has legal recognition is entitled to get financial support. The husband is bound to provide all the necessities of life.

The family courts mainly work to resolve disputes among families. The UAE courts will assess the following factors before giving a final verdict:

• Number of dependents
• Husband’s income
• Evidence provided
• Financial capacity of the husband
• The obligations defined in the marriage contract

The non-Muslim couples in the UAE adhered to civil laws. The civil marriage law doesn’t permit polygamy.

As per the Federal Decree-Law No. 41, all non-Muslim marriages are declared to be monogamous. In case a non-Muslim husband marries for the second time, it is not recognized as a time marriage. In the presence of the first wife, the second wife will not get the legal rights as the first wife in the UAE.

Therefore, the second wife will not receive marital rights, financial support, or inheritance rights in the presence of the first marriage. This is one of the main point regarding the UAE rights for the second wife of non- Muslims.

Consequently, there are several Muslim couples who choose to marry abroad rather than UAE. This may allow for specific forms of civil unions and partnerships. They are only recognized if they comply with the UAE terms and conditions.

The polygamous marriages for non-Muslims are normally unacceptable in the UAE.  Therefore, the second wife has restricted legal protections in the UAE even if the marriages take place abroad.