Family Law in UAE
September 19, 2020
The United Arab Emirates is an Islamic Country where the Sharia Law is implemented. All the decisions are taken as per the definitions of Sharia Law. The other Laws like Labour Law UAE, Property Law etc are also based on the pattern that these Laws should not contradict the Islamic values as well as international human rights. Therefore UAE has become an ideal destination for the people across the world. Rules, Regulations, Systems and a proper management make UAE an ideal place to live. It brings people across the world to UAE for living, doing business and good jobs. Expatriates are large in number and they are also living with their families in UAE. Therefore along with Labour & Employment Law, Commercial Law, Property Law etc the Family Law is also drafted and implemented by the UAE government where the citizen and the expatriates can avail the benefit of this. It is beautifully and perfectly designed and implemented. There is a Pre-Court department before the court for reconciliation of the matters. It shows that the UAE government is much interested to see you healthy and prosperous. Therefore the government put a special emphasis on the reconciliation session where the government officials and the Family Law experts call both the parties, listen to them, advise them, tell them about the consequences etc. They explain to them about the Law, its implementations, its consequences etc. Once either or both parties are not agreed, then the matter is forwarded to the family court. Apart from this if you have to go through the court for marriage purpose then Family Courts in UAE also facilitate you with support. The procedures and requirements for Muslims and Non-Muslims can be checked with Family Court or Family Lawyers in UAE.
Sharia-based personal status Law covers everything e.g. marriage, divorce, child custody, alumni, succession, guardianship and More. One can consult Family Lawyers to grab the elaborative information. If the people who are not a citizen of UAE do not choose their country or religion law then Sharia Law is implemented upon them or where their law is silent or does not provide comprehensive information then Sharia Law also decides about the decision. However, Sharia Law is fully compatible with human nature, logic and compatibility. The Islamic principles behind the ideology are fully based on the prosperity and the benefits of human beings. As far Child Custody and Guardianship is concerned then UAE Family Sharia Personal status Law’s articles 142, 143, 149 and few others also throw light on the child custody. Whether it should be father or mother it is decided by the Sharia Personal Status Law for the Muslims. Because all the local population is Muslims therefore the Sharia Law is implemented upon them. Otherwise, if the non-muslims do not choose their law the Sharia Law is applied only. We want to assure you one thing that your human and family rights are fully protected in the UAE. The UAE government makes sure about it. We also like to suggest one thing that please consult the best Lawyers or Legal Consultants by the best Emirati Law Firms, if you are having a situation, you have to counter that and you need to have legal advice or support urgently.
We have discussed that the very primary source is always Sharia Law. We would also like to throw the light on one thing that First Instance, Appeal and Cassation Courts are built to provide justice to people. It does not mean that people can drag anybody in court by putting wrong accusations. It also does not mean that you can do anything you want. Law also states that if you are found guilty by putting false accusations on others. Then you can also be punished or asked by the judiciary. Counterparty can also file the Civil Case for the defamations and compensations. As it is always suggested that one should go to Family Law Firms or Full-Service Law Firms or the Family Law Lawyers to grab the legal idea first. Once they are advised by the attorneys then they should move to the next levels. Legal Actions, Court Cases, or even Legal Notices are not the jokes, whether it is for personal status or business status. Everyone is accountable for his wrong deeds in the United Arab Emirates. Its best example of Law and Order in the world.
For Muslims & Non-Muslims both, if they have to get married then Courts/Embassies are always involved. Marriage Certificates need to be attested. NOCs are required(Check with Family Lawyers or Courts). Once again you should consult the expert of Family Law before proceeding. As far as child custody is concerned then it is provided to mothers up to certain ages for boys and girls except for a few reasons where a mother should not be provided with custody which can harm the KIDS. Father remains the guardian ultimately. Permission of schooling, the permission of moving abroad needs to be taken from father as the law says he is the ultimate guardian of KIDS. It happens when there is a divorce and it needs to be decided quickly after or with the divorce. If the court decided that the father has to pay a monthly allowance to Kids then he has to pay. He cannot stop paying this amount/allowance. UAE court systems provide you with quick and fair justice. Last but not the least please check with Family Lawyers before escalating to next level.