The UAE government issued Federal Decree-Law No. 41 of 2024 on Personal Status Law (“the Decree-Law”), which establishes a comprehensive legal framework for regulating personal status matters. The Decree-Law aims at strengthening societal cohesion, ensuring family stability, and safeguarding the family unit, while also adapting to the evolving developments within the UAE.
The Decree-Law stands out by introducing provisions for issues that are being regulated for the first time and have a direct impact on the society. It also expands on key matters such as custody, marriage, and divorce, placing special emphasis on protecting the best interests of the child, being the cornerstone for a prosperous future and a healthy society. Notably, the Decree-Law is characterized by its flexibility and simplified procedures.
Under the previous Personal Status Law No. 28 of 2005 (“Old Law”), personal status disputes were heard in Sharia courts based on Sharia principles. However, under the Decree-Law, such disputes will now be heard by the competent family courts, in line with modern legal procedures. It also introduces the possibility of reconciliation between the parties before the dispute is adjudicated.
The Decree-Law provides personal status judges with greater flexibility in making rulings based on Islamic Sharia when no specific legal text is available, allowing them to consider the best interests of the parties involved, without being restricted to a particular school of thought. In contrast, the Old Law referenced Sharia in a more general and less detailed manner. Additionally, the Decree-Law grants the supervising judge the authority, in line with the principle of streamlining procedures, to determine whether a case should be referred to the Family Guidance Committees before being submitted to the competent court. This differs from the Old Law, which required cases to be submitted to the Family Guidance Committees, before it could be considered by the court.
It is worth noting that the Decree-Law also exempted matters of wills, inheritance, and the like, as well as summary and temporary lawsuits and orders for alimony, custody, guardianship, and lawsuits in which reconciliation is not conceivable, such as lawsuits to prove marriage or divorce, from being presented to the Family Guidance Committees, to expedite the resolution of these urgent disputes. However, if reconciliation is reached before the Family Guidance Committee, the reconciliation shall be documented in the related minutes and signed by the judge and parties and serves as an executive document.
According to the Decree-Law, the period for appealing and challenging judgments issued in personal status matters stipulated in the Decree-Law shall be (30) thirty days.
The Decree-Law also restructured the provisions concerning the return of gifts and dowries in the event of engagement withdrawal. It specifies that gifts eligible for return are those conditioned on the completion of the marriage, as well as valuable gifts valued at over AED 25,000 each, unless the gift is consumable by nature.
The Decree-Law stipulates that the legal age for marriage is 18 years. Additionally, the Cabinet will issue regulations for marriages involving individuals below this age. The Decree-Law also includes a provision allowing those who have not reached the age of majority to address marriage-related matters by referring to the court.
In addition to the points mentioned above, the Decree-Law expands the definition of marriage beyond the religious context, positioning it within the legal framework to promote the establishment of stable families. It emphasizes that marriage should be viewed as more than just personal fulfilment, highlighting the rights of spouses in greater detail. The Decree-Law also outlines administrative procedures for completing the marriage, including the requirement to register the marriage within 15 days and undergo a medical examination prior to marriage. These provisions are designed to ensure proper documentation, safeguard lineage, protect children, and minimize disputes over the validity of the marriage contract.
The Decree-Law addresses women’s rights within marriage and introduces provisions to streamline the process of transferring the guardianship of marriage to the court, ensuring women’s right to choose, and simplifying legal procedures. If a woman’s guardian objects to her marriage, the court has the authority to intervene and take responsibility for the decision. This provision grants women greater autonomy in choosing their life partner, particularly if the guardian’s refusal lacks justification.
The Decree-Law also eliminates the requirement for a guardian’s approval for non-citizen Muslim women whose nationality laws do not mandate the presence of a guardian to complete the marriage contract. Previously, some laws required a guardian’s approval even for women not belonging to the local community. However, under the new Decree-Law, this condition has been abolished.
The Decree-Law also acknowledges the will of both parties (husband and wife) in terms of taking the decision to divorce, marking an important amendment that promotes equality between them. It allows either spouse to request a divorce in cases of harm, such as the husband’s failure to provide maintenance for his family, physical or psychological abuse, addiction, or the use of drugs or psychotropic substances. This provision protects the right of spouses to avoid being forced to live with an addicted person who is not trustworthy with their own well-being or the safety of the family.
The Decree-Law also establishes a mandatory period for registering a divorce or for the taking back, requiring it to be completed within 15 days of its occurrence. Additionally, it grants the woman the right to compensation equivalent to alimony if the divorce is not registered within this timeframe, ensuring the protection of her rights, and preventing any potential loss of her interests. However, the Old Law did not mandate registration of the marriage as long as the marriage met its legal conditions.
Also, the Decree-Law pointed out that, to streamline the process for considering lawsuits to annul a marriage contract due to harm and shorten the lawsuit duration, the arbitration period has been reduced to 60 days, down from 90 days under the Old Law, after which a ruling must be issued. The arbitrators are required to submit a detailed report outlining the causes of the dispute and proposed solutions. To ensure impartiality, the arbitrators must be qualified and may be chosen from outside the spouses’ families, with the option to consult experts or specialists if necessary.
The Decree-Law also introduced an important amendment regarding custody, emphasizing that custody should be granted to the spouse best suited to serve the child’s interests after divorce. The age for custody has been raised to 18 years, applying equally to both males and females, in contrast to the previous law, which set the end of custody at 11 years for males and 13 years for females. Further, custody can be extended with the mother or custodian if social reports indicate that the child requires continued care.
The Decree-Law introduces a provision granting the child the right to choose which parent to reside with upon reaching the age of 15. Additionally, the case will be reconsidered if the custodian is a mother of a different religion than the child’s, allowing the court to make a ruling based on the best interests of the child. This contrasts with the previous law, which stated that custody by a non-Muslim mother ends when the child reaches 5 years of age. Another significant amendment prohibits the enforcement of custody rulings by force if the child refuses to live with the custodian, recognizing the potential psychological harm this could cause to the child.
The Decree-Law outlines the circumstances under which a child in custody may travel with one of the custodial parents, stipulating that the duration of the trip should not exceed 60 days per year, subject to an acceptable guarantee to the court. In the best interest of the child, the court may extend this period in special cases, such as for medical treatment. Further, the Decree-Law imposes a penalty of imprisonment or a fine of not less than AED 5,000 and not more than AED 50,000, or one of these two penalties, on anyone who travels with the child in custody without the consent of his guardian or the court.
The Decree-Law introduces improvements to the process of petitions, which are legal procedures allowing parties to make specific and urgent requests to the court without the need to initiate a full lawsuit.
The Decree-Law also introduced additional provisions to regulate the terms of wills, making wills valid even if the testator and legatee belong to different religions, whether a will involves spouses, relatives, or others. It introduced a provision provides for that if a bequest cannot be executed for any reason, it shall revert to inheritance. Additionally, if the deceased has no heirs, the estate will be treated as a charitable endowment, supervised by the relevant authorities, following an approval by the competent court. The Decree-Law also specifies that a bequest to an heir is not permissible except in two cases: if the remaining adult heirs approve it within the limits of the share of the one who approves it, or if the court deems it necessary for a significant interest.
It is important to note that the Decree-Law introduces penalties of imprisonment or a fine ranging from AED 5,000 to AED 100,000, or either of these penalties, for offenses related to the mismanagement, embezzlement, or squander of minors’ property, as well as for failing to provide care for parents (or either of them), mistreating them, or neglecting to meet their financial obligations when due.
In conclusion, the new amendments in the Decree-Law on personal status issues reflect a strong commitment to safeguard individual rights and promote social justice.