Gifts under the UAE Law
The Federal Decree Law No. 41 of 2024 on the Issuance on the Personal Status Law (“Federal Personal Status Law”) has extensive provisions regarding gifts given at the time of betrothal and marriage. Article 11 of the Federal Personal Status Law defines betrothal as a man’s request to marry a woman, along with a promise of marriage. Thus, betrothal is a formal engagement of a couple that leads to a marriage, but is not considered a marriage by itself. Although a common ceremony, it is not mandatory.
Status of the gifts on the termination of the betrothal
In case of termination of the engagement, all gifts that are valued above AED 25,000 must be returned, unless they were consumable or perishable by nature. However, this rule does not apply to engagements that were ended due to death, or for other reasons that were beyond the control of both parties.
In case of gifts that were given to the fiancée as part of dowry, in the event of the termination of the betrothal, all such gifts must be returned. If either party withdraws from the engagement, or dies before the marriage, the heirs of the fiancé have the right to reclaim any money or gift, or value of the gift, in case the gift no longer exists.
If the fiancée used the dowry, or part of the dowry, to buy a trousseau for the marriage as per custom, and the betrothal was terminated by the fiancé, without any fault or reason on the part of the fiancée, then the fiancée has the option to either return the dowry, or deliver the items purchased in their current state, unless there is an agreement to the contrary. However, if the engagement was terminated by the fiancée, or without any fault on the part of the fiancé, then the fiancée must return the dowry or its equivalent, or its value at the time of receipt.
Dowry
As per Article 45 of the Federal Personal Status Law, dowry is the property paid by the man to the woman, under the marriage contract. This is an obligatory requirement of a marriage. The value of the dowry is determined by Federal Law No. 21 of 1997 Determining the Dowry in the Marriage Contract and the Expenses thereof (“Dowry Law”).
The Dowry law provides a ceiling to the dowry to be demanded and/or paid to the wife at the time of marriage. As per Article 1 of the law, the advance dowry in the marriage contract cannot be more than AED 20,000 and the deferred dowry cannot be more than AED 30,000. The law also states that a wedding cannot last more than one day and no more than 9 camels can be slaughtered in the wedding ceremonies. In case of violations of the law, the marrying couple will not be granted the government’s marriage grant.
Article 45 (2) of the Federal Personal Status Law states that the dowry is the woman’s property and she will have the sole right to dispose off the dowry in any way that she deems fit. Any provision in the marriage contract that breaches this right of the wife will be deemed as invalid.
Postponement of the dowry
Article 46 of the Federal Personal Status Law allows the parties to a marriage to agree to postpone the payment of all or part of the dowry. The parties may decide on a particular date for the dowry to be delivered or set a condition upon which the dowry must be paid. The condition for the payment of dowry may include the irrevocable separation of the spouses, or the death of one of the spouses.
The Wife’s Right to Refrain from Intercourse and Moving into the Marital House
As per Article 50 of the Federal Personal Status Law, a wife may refuse to move into the marital house until she receives her due dowry and until the husband provides her with an appropriate house in accordance with the husband’s financial capability. Furthermore, 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.
Conclusion:
The family laws for non-Muslims under Federal Decree Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021 does not provide for any dowry. However, dowry is an integral part of the Muslim marriage contract, under the Federal Personal Status Law. Although parties can decide on providing the dowry before, during or after the marriage, it is an absolute right of the wife and she is free to dispose off the dowry as per her wishes.