As per the Law, a marriage is defined as a “Contract” fully legal between a man and a woman, with this motto to secure each other, support each other, protect and respect the rights of each other as well as their children. Muslims marriages are conducted under Islamic Sharia Law. UAE also follows and observes the Islamic Sharia Law, therefore marriages here of Muslims are conducted and managed by applying Islamic Sharia Law. Sharia Law is also applied when the groom is Muslim and the bride is from “Ahl Al-Kitaab”(the divine religions as per ISLAM) e.g. Jews, Christians.
Sharia Law allows a Muslim man to marry a Non-Muslim woman, but Sharia Law does not allow a Muslim woman to marry a Non-Muslim man. If he is converted to Islam then Sharia Law allows the Muslim woman to marry a newly converted Muslim man. We have thrown the light above that the United Arab Emirates is an Islamic Country where Sharia Law is applied, therefore the marriages and other personal family decisions e.g. Divorce, Custody of Children are taken as per Islamic Sharia Law. For marriages, UAE Judicial Departments and Sharia courts are responsible. They have to plan, arrange and conduct Islamic Sharia marriages. Expatriates should consult the Emirati Family Lawyers, so they could be saved from any inconvenience. There are several Law Offices in Dubai having key expertise in Family Law. The Family Law services are also available for the expatriates of every country and religion including;
- Child Custody
- The distribution of combined assets or any joint income source
- Property Distribution
- Dowry Return
- Monthly Allowance/Maintenance
A very important point in this regard should be mentioned in the beginning. Marriage can’t be arranged without the permission and consent of a bride. Sharia Law does not allow or recognize Force marriages. Sharia Law is the best Law in Islam defines and protects the woman rights. For Muslim Marriages, the no-objection certificate if they are not in UAE or the consent of the parents is also required, if they are in UAE. The permission of parents or a legitimate guardian is also required. If the parents are not alive then the guardian will be the brother. The amendments in 2020 provide the option to use the Country Law of the couples where the marriages were conducted between two male and female Muslims. The differences can be checked with any quality Emirati Family Lawyers. Especially in Dubai, Family Lawyers in Dubai are the best in the region.
Health Check Certificate and other Requirements:
UAE also makes the health check certificate known as pre-marital screening certificate mandatory. It is a good attempt and decision to control the disease which is not curable e.g. AIDS etc. If this health check certificate is known as the “Pre-Marital Certificate” is not approved due to health concerns then marriage permission will not be granted. It should be noted that this is for both parties male and female. No one is exempted from this and marriage can’t be made possible if the results will not be submitted and approved. The marriage contract has to be registered at any cost in Islamic Sharia Court. It is a mandatory factor. The age of majority is also defined as 18 years; here it means before 18 years of age, either party can’t get married at all. Sharia Law allows a man to have four wives at one time but it is not allowed to a woman. Therefore women should not be married before marriage. If she is, then it will be considered an illegal action performed by a woman. However, as far as the marriages arranged in UAE are concerned then systems are quite digital and modern therefore there is no way anyone can lie here. This test is arranged by Dubai Health Authority. The other Emirates also have their Health Care Authorities and Departments for this test. For Emirati Ladies, Sharia Law also applies and the groom should also be a resident of the United Arab Emirates.
The marriage contract documents can be acquired from Dubai Courts where the fee is 200 AED. Collect the documents along with your lawyer and let him manage all the documentation required. The expatriates who are not aware of the procedure and do not have Arabic language knowledge, should not try to manage all the stuff themselves. It’s better to hire an Emirati Family Law Advocate who will help them to manage the entire process and requirements easily.