Khaleej Times, Sun, Apr 21, 2024 | Shawwal 12, 1445
UAE: Can parents stop marriage of their adult daughter?
Emirates:
Question: I am an adult woman living in the UAE on a work visa. My
parents reside here in the UAE as well. I am in love with a colleague and we
plan to get married soon. If my parents don't agree to our union, will they be
able to prevent our marriage? Please advise.
Answer: Pursuant to your queries, the responses are addressed based on
the provisions of Federal Law No. 28 of 2005 on Personal Status subsequently
amended by Federal Decree Law No. 8 of 2019, Federal Decree Law No. 5 of 2020
and Federal Decree Law No. 29 of 2020 and Federal Decree Law No. 41 of 2022 on
Personal Laws for Non-Muslims as you have not mentioned your religion and the
religion of your fiancé in the query.
Generally, in the UAE, Muslims who intend to marry need to be 18 years of age.
This is in accordance with Article 30(1) of the Personal Status Law of UAE,
which states, “Capacity to marriage is completed by reason and maturity. The age
of maturity is 18 years, completed, unless the person concerned matures earlier
in conformity with the law.”
Furthermore, the basic elements for the intended marriage of Muslims in the UAE,
include two contracting parties (husband and the tutor), the object and the
offer and acceptance. This is under Article 38 of the Personal Status Law of
UAE, which states, “The elements of a marriage contract are:
1. The two contracting parties (the husband and the tutor)
2. The Object.
3. Offer and Acceptance.”
Moreover, in accordance with the degree of relationships, the father is a
primary tutor and consent of the tutor is a mandatory requirement in a Muslim
marriage. This is in accordance with Article 32 of the Personal Status Law of
UAE, which states, “The tutor, in marriage, is the father then the agnates by
themselves according to the succession order: son, then brother, then uncle.
Should two tutors be equal in degree of kinship, the marriage that was concluded
according to the conditions set forth by any of them shall be valid. The one
authorised by the engaged female shall appointed.”
A tutor must be a male of sound mind and a practising Muslim. This is in
accordance with Article 33 of the Personal Status Law of UAE, which states, “The
tutor must be a male of sound reasoning, fully capacitated, not prohibited on
account of pilgrimage and Muslim if tutorship is to be given to a Muslim.”
Additionally, in the event a tutor does not agree to a marriage of the intended
Muslim couple, then such individual may approach the court and if the judge is
convinced he may conduct the wedding of such couple. This is under Article 30(3)
& (4) of the Personal Status Law of UAE, which states:
“3. Should the person having completed the age of eighteen request marriage but
failed to obtain the approval of his tutor, he may refer the matter to the
judge.
4. The judge shall fix a period for the tutor, after his notification to appear
before him to hear his argument. Should he fail to appear, or his opposition to
the marriage is not convincing, the judge shall conduct the marriage.”
Non-Muslim marriage
With regards to the marriage of non-Muslims in the UAE, a couple who intend to
marry before the competent court in Dubai (specifically Personal Status Court in
the respective emirate) if both the boy and girl have attained the age of 21 and
the couple should declare their consent before the judge to marry.
This is in accordance with Article 5 of the UAE Personal Status Law for
Non-Muslims, which states, “The civil marriage shall be conditional upon the
following:
1. Both spouses must be at least 21 years of age. Age is proved by any official
document issued by their respective countries of nationality.
2. Marriage must not be between siblings, children, grandchildren or uncles, and
any other cases specified by the Implementing Regulations.
3. Each spouse must expressly declare before the certification judge his/her
consent to marriage, and that there is nothing which would legally prevent the
acceptance of his/her consent.
4. Spouses must sign the disclosure form.
5. Any other conditions set out by the Implementing Regulations of this
Decree-Law.”
Article 6 of the UAE Personal Status Law for Non-Muslims states procedures of
civil marriage contract and its certification.
Based on the aforementioned provisions of law, if you and your fiancé are
Muslims, then the consent of your parent (father) may be a mandatory requirement
for your marriage. However, if your father disagrees with the marriage with your
fiancé, you may approach the Personal Status Court in the emirate where you are
currently residing.
However, if you and your fiancé are non-Muslims, you may marry as per the
provisions of the UAE Personal Status Law for Non-Muslims in Personal Status
Court in the emirate where you are residing. In this scenario, there may be no
requirement for the consent of parents. Additionally, if you and your fiancé are
of the same nationality, you may approach your home country’s Embassy or the
Consulate in the UAE to marry under the requirements and provisions of your home
country’s personal law, if such a service is provided by the Embassy or
Consulate of your home country.