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Marriage in the United Arab Emirates

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A wedding in Dubai.

Marriage in the United Arab Emirates is governed by a combination of Islamic principles, local traditions, and legal regulations. Islamic marriages within the country are conducted according to Sharia law, where the groom and bride are both muslims, or the bride is from 'Ahl Al-Kitaab', typically referring to Christianity or Judaism.[1] Non-muslim residents and visitors can marry through the UAE Personal Laws for non-muslims or their respective religious or national laws.[2]

History

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Lea Hadad (middle) at her wedding, the largest Jewish event in the nation's history.

Though women across the Middle East typically married as a teenager or in their early 20's, early marriage declined sharply in the 20th century, particularly in the UAE. The percentage of women aged 15 to 19 who were married dropped from 57% in 1975 to 8% in 1995.[3] In 2005, the average age of marriage for women with secondary or higher education was 27, while the average age for women with no education was 18.[3] The same year, a report detailing attitudes towards marriage from mothers and their daughters found vast differences, with daughters reporting a desire to marry later in life, and to select their own husbands.[4]

Emirati weddings were described as "opulent" affairs by the BBC in 1999, with as many as 1000 guests.[5] The same report found that as many as 80% of personal loans taken out by Emirati men were used for wedding expenses; as a result, many Emirati men opted to marry "less demanding" foreign women,[6] known as "mixed marriages", which raised concerns of the potential dilution of Emiratis, an already minority ethnic group.[5] Sheikh Zayed bin Sultan Al Nahyan, the founder of the country, launched a Marriage Fund in 1992 as a response, giving grooms £12,000 (equivalent to £26,266 in 2023) to help pay for wedding expenses, only if the bride is Emirati.[5] The fund also enacted a fine of AED 500,000 ($140,000, equivalent to $261,707 in 2023) for spending too much money on weddings.[7] The fund helped to marry 44,000 people as of 1999.[5] The fund was amended in 2010 to remove the discouragement of mixed marriages, citing personal freedom.[8] In 2024, the "Medeem Model for Women's Weddings" programme was launched, designed to help couples have less expensive weddings that were instead based on Emirati traditions.[9][10][11]

Sheikha Hind bint Maktoum Al Maktoum announced the addition of a 10-day marriage leave for Emirati couples in 2025, as part of the initiative to double Emirati households in Dubai by 2033.[12][13] Since January 2025, genetic testing is mandatory for all Emirati couples as part of the premarital screening programme.[14] The need for genetic testing has been attributed to a high prevalence of genetic disorders in the native population, linked to the 39% consanguineous marriage rate.[15] A study for the International Journal of Mental Health and Addiction found that the key factor for women being in consanguineous marriages was pressure from families; furthermore, all participants in the study appeared to believe such marriages were inscribed in Emirati culture.[16]

In 2022, 1,500 guests, including high-ranking Emirati officials and foreign ambassadors from over 20 countries, attended the wedding of Rabbi Levi Duchman and Lea Hadad. The wedding was the largest Jewish event in the country's history.[17][18]

Law

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The minimum age to marry in the United Arab Emirates is 18.[19][20] Under the UAE'S Personal Status Law, a woman's right to marry is granted if she consents; if her guardian is deemed to unjustly oppose the union, the court may transfer guardianship. The law also removed the requirement for a guardian's consent if a non-citizen muslim woman's national law does not mandate it for concluding a marriage contract.[20]

Islamic marriage

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Islamic marriages in the UAE are governed by Sharia law, where either both the groom and bride are muslims, or the bride belongs to 'Ahl Al-Kitaab,' a term typically referring to followers of Christianity or Judaism.[1] The marriage must be registered in a Sharia court within the country. The application for marriage may be denied if one of the parties suffers from an inheritable blood disease or a transferable disease.[1] The advance dowry in a marriage is not allowed to be more than AED 20,000 and the deferred dowry should not be more than AED 30,000.[21][1]

Non-Muslims

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The United Arab Emirates introduced a civil law in Abu Dhabi allowing for marriages, divorces, and obtaining joint child custody for non-Muslims in 2021,[22] and was extended to include the entire country in 2023.[23] The law amendment reportedly came after attempts to modernize the law and make it more inclusive.[24] Prior to this, marriage was to be conducted in the laws of the spouses' respective native countries, and civil matters were governed by Sharia law. Residents of the United Arab Emirates have an option to follow the application process in their native country or perform a civil marriage in the United Arab Emirates.[25] Within the first year of the law change, more than 5,000 marriages within a civil court were recorded,[26] 12% of couples being tourists.[27][28] This percentage is attributed to residents of nearby countries that do not permit civil marriages. In one instance, a secular Israeli couple registered marriage in the UAE civil court for this reason.[29]

Article 5 of Federal Decree Law No. 41 of 2022 on Civil Personal Status provides five criteria for a civil marriage to take place:[30] both spouses must be at least 21 years old; the marriage must not be between close relatives; each spouse must consent to the marriage; spouses must sign a disclosure form; and any other conditions set out by the implementing regulations of the decree.[a] The law took effect on February 1, 2023.[30]

Same-sex marriage

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Main article: LGBTQ rights in the United Arab Emirates

Same-sex marriage is not legal in the United Arab Emirates. The UAE's Federal Penal Code allows for capital punishment as a legal penalty for homosexuality, although this punishment has never been imposed.[31] Dubai's penal code imposes up to ten years imprisonment for homosexuality.[32]

Divorce

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Divorce in the UAE is regulated by Federal Law No. 28 of 2005.[33] Divorce for Muslims is based on Sharia law. Either of the married couple is allowed to pursue a divorce, with Federal Decree-Law No. (41) of 2022 giving equality to both men and women.[34] Though divorce is legal and allowed under Sharia law, it is mostly opposed amongst Emiratis for cultural reasons.[16][35]

Child custody

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The age of custody termination is 18 for both males and females; previously, it was 11 for boys and 13 for girls.[36][20] Children have a right to choose their preferred parent for residence one they turn 15. If the mother is non-Muslim while the child is Muslim, this is decided by the court's discretion, prioritising a child's interest; prior to this, the country terminated custody for non-Muslim mothers once the child turned 5.[20]

The Personal Status Law introduced penalties, including imprisonment and fines ranging from AED 5,000 to 100,000, for offences related to the custody of children, including unauthorized travel with a child and the mismanagement or seizing of inheritance.[20]

See also

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Notes

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  1. ^ As of 2022, there are currently no additional conditions.[30]

References

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  1. ^ a b c d "Marriage as per the Sharia law". The United Arab Emirates' Government portal. Retrieved 11 January 2025.
  2. ^ Mehta, Ashish (5 January 2025). "UAE: Step by step guide on how non-Muslims can get married in Dubai". Khaleej Times. Archived from the original on 11 January 2025. Retrieved 11 January 2025.
  3. ^ a b Rashad, Hoda; Osman, Magued; Roudi-Fahimi, Farzaneh (December 2005). Marriage In The Arab World (PDF) (Report). Population Reference Bureau. Retrieved 11 January 2025.
  4. ^ Schvaneveld, Paul; Kerpelman, Jennifer; Schvaneveld, Jay (2005). "Generational and Cultural Changes in Family Life in the United Arab Emirates: A Comparison of Mothers and Daughters". Journal of Comparative Family Studies. 36: 77–91. doi:10.3138/jcfs.36.1.77.
  5. ^ a b c d Beattie, Meriel (16 December 1999). "Why Emirati weddings are getting less lavish". BBC. Archived from the original on 4 August 2024. Retrieved 11 January 2025.
  6. ^ Bristol-Rhys, Jane (March 2007). "Weddings, Marriage and Money in the United Arab Emirates". Anthropology of the Middle East. 2 (1): 20–36. doi:10.3167/ame.2007.020103.
  7. ^ Gardner, Frank (6 December 1998). "UAE clamps down on lavish weddings". BBC. Archived from the original on 18 January 2009. Retrieved 11 January 2025.
  8. ^ Salem, Ola (14 May 2013). "Marriage Fund has no right to discourage Emiratis marrying foreigners, FNC told". The National. Archived from the original on 4 May 2024. Retrieved 11 January 2025.
  9. ^ "Abu Dhabi launches service to help couples avoid extravagant weddings". Gulf News. 4 July 2024. Archived from the original on 2 October 2024. Retrieved 11 January 2025.
  10. ^ "Abu Dhabi urges Emirati parents to rethink lavish weddings to reduce marital costs". The National. 4 July 2024. Archived from the original on 14 July 2024. Retrieved 11 January 2025.
  11. ^ "Abu Dhabi tries to take the bling out of weddings". The Financial Times. 26 August 2024. Retrieved 11 January 2025.
  12. ^ "Dubai's new family programme offers 10 days of paid marriage leave". AAJ TV. 5 January 2025. Retrieved 11 January 2025.
  13. ^ "Dubai launches new family program with 10-day paid marriage leave, flexible work policies". Gulf News. 4 January 2025. Retrieved 11 January 2025.
  14. ^ "Genetic testing as part of premarital screening for Emiratis". United Arab Emirates Ministry of Health and Prevention. 24 December 2024. Retrieved 11 January 2025.
  15. ^ "UAE mandates genetic testing for Emirati couples before marriage starting January 2025". The Jerusalem Post. 26 December 2024. Archived from the original on 2 January 2025. Retrieved 11 January 2025.
  16. ^ a b Van Buren, Fiona; Van Gordon, William (26 August 2019). "Emirati Women's Experiences of Consanguineous Marriage: a Qualitative Exploration of Attitudes, Health Challenges, and Coping Styles". International Journal of Mental Health and Addiction. 18: 1115. doi:10.1007/s11469-019-00123-z.
  17. ^ Proctor, Rebecca (15 September 2022). "UAE rabbi marries in Abu Dhabi on anniversary of Abraham Accords". Arab News. Archived from the original on 15 September 2024. Retrieved 11 January 2025.
  18. ^ Safronova, Valeriya (7 October 2022). "A Dance Floor That Transcended Tradition". The New York Times. Archived from the original on 3 December 2024. Retrieved 11 January 2025.
  19. ^ "UAE reveals new family laws impacting marriages and individual rights". AAJ TV. 10 January 2025. Retrieved 11 January 2025.
  20. ^ a b c d e Rasheed, Abdulla (8 January 2025). "UAE issues new Personal Status Law, sets minimum age for marriage at 18". Gulf News. Retrieved 11 January 2025.
  21. ^ Zayed bin Sultan Al Nahyan (21 December 1997). Federal Law No. (21) of 1997 Determining the Dowry in the Marriage Contract and the Expenses thereof (Report). Retrieved 11 January 2025.
  22. ^ "Abu Dhabi to allow non-Muslim civil marriage under family law shakeup". Reuters. 7 November 2021. Archived from the original on 21 January 2022. Retrieved 11 January 2025.
  23. ^ Ryan, Patrick; Sankar, Anjana (2 February 2023). "More marriages expected as new laws come into force across the UAE". The National. Archived from the original on 15 March 2024. Retrieved 11 January 2025.
  24. ^ "UAE issues first civil marriage licence for non-Muslim couple". Al Jazeera. 27 December 2021. Archived from the original on 28 June 2022.
  25. ^ "UAE: Filing for divorce? Procedures for Muslim and non-Muslim expats explained". Khaleej Times. 18 February 2024. Archived from the original on 5 October 2024. Retrieved 11 January 2025.
  26. ^ Al Nowais, Shireena (12 June 2023). "More than 10,000 couples marry at Abu Dhabi civil court". The National. Archived from the original on 20 April 2024. Retrieved 11 January 2025.
  27. ^ "UAE wedding: Over 1,000 tourists marry in Abu Dhabi". Arabian Business. 16 December 2022. Archived from the original on 8 February 2023. Retrieved 11 January 2025.
  28. ^ Al Amir, Salam (15 December 2022). "Five thousand expatriate couples choose Abu Dhabi Civil Family Court for marriage". The National. Archived from the original on 15 March 2024. Retrieved 11 January 2025.
  29. ^ Al Nowais, Shireena (27 September 2022). "Secular Israeli couple choose Abu Dhabi civil court for marriage". The National. Archived from the original on 17 June 2024. Retrieved 11 January 2025.
  30. ^ a b c Tabrez, Huda (27 December 2022). "New UAE law for non-Muslims – 5 criteria for civil marriage". Gulf News. Archived from the original on 4 December 2024. Retrieved 11 January 2025.
  31. ^ Bureau of Democracy, Human Rights, and Labor (2021). "Section 6. Discrimination and Societal Abuses". 2021 Country Reports on Human Rights Practices: United Arab Emirates (Report). United States Department of State. The law permits doctors to conduct sex reassignment surgery when there are "psychological" and "physiological" signs of gender and sex disparity. The penalty for performing an unwarranted "sex correction" surgery is three to 10 years in prison." ... "In November 2020 the penal code dropped a clause criminalizing wearing clothing deemed inappropriate for one's sex. The law now criminalizes only men who enter a place designated for women while disguised as a woman. The punishment for this infraction is up to one year in jail and a fine of up to DH 100,000 (US$27,250). PDF download
  32. ^ "Six things you absolutely mustn't do in Dubai". The Independent. 12 October 2017.
  33. ^ "Personal affairs' law for UAE citizens". The United Arab Emirates' Government portal. Retrieved 11 January 2025.
  34. ^ Mohamed bin Zayed Al Nahyan (3 October 2022). Federal Decree-Law No. (41) of 2022 On the Civil Personal Status (Report). Retrieved 11 January 2025.
  35. ^ Al Gharaibeh, Fakir; Bromfield, Nicole Footen (13 August 2012). "An Analysis of Divorce Cases in the United Arab Emirates: A Rising Trend". Journal of Divorce & Remarriage. 53 (6): 436–452. doi:10.1080/10502556.2012.682896.
  36. ^ "Marriage, divorce and inheritance in the UAE: Everything you need to know". The National. 18 August 2023. Archived from the original on 4 January 2024. Retrieved 11 January 2025.
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