Can Parents in the UAE Prevent Their Adult Daughter from Getting Married?

Introduction:

In the UAE, marriages are governed by distinct legal frameworks depending on whether the individuals are Muslims under Federal Law No. 28 of 2005 on Personal Status Law or non-Muslims under Federal Decree-Law No. 41/2022 on Civil Personal Status Law. Understanding these regulations is crucial to determine if parents can prevent their adult daughter from marrying.

Marriage Under Federal Law No. 28 of 2005 on Personal Status Law for Muslims

1. Legal Capacity: According to Article 30 of Federal Law No. 28 of 2005, as amended by Federal Decree-Law No. 8 of 2019:

• Age Requirement: Individuals attain legal adulthood at the age of 18, as per Article 30(1). They are considered capable of marriage upon reaching this age, provided they are mentally sound.
• Tutorship Requirement: Article 32 stipulates that the father or other male relatives serve as tutors (guardians) for women seeking marriage. The tutor must be of sound reasoning, fully capacitated, and Muslim if the marriage involves Muslims (Article 33).
• Judicial Intervention: Article 30(3) grants the adult daughter the right to petition the court if she wishes to marry but faces opposition from her tutor (usually the father). Article 30(4) allows the court to authorize the marriage if the tutor fails to appear or provides insufficient reasons for objection.
• Contractual Elements: A valid marriage contract requires two contracting parties (husband and tutor), an object (the marriage), and an offer and acceptance (Article 38).
• Conditions and Procedures: Offer and acceptance must be immediate and unequivocal, with both parties understanding the intention to marry (Article 41). Judicial approval can override parental objections to safeguard individual marriage rights in cases where the tutor objects.

Marriage Under Federal Decree-Law No. 41/2022 on Civil Personal Status Law for Non-Muslims

1. Legal Requirements: Non-Muslims in the UAE are governed by Federal Decree-Law No. 41/2022 on Civil Personal Status Law. Article 5 mandates that both parties must be at least 21 years old and declare their consent before the Personal Status Court judge.
2. Civil Marriage Contract: According to Article 6 of Federal Decree-Law No. 41/2022:

• Contract Procedures: Marriage is solemnized before the authentication judge at the competent court by submitting an application according to the prescribed form and adhering to other conditions and procedures stipulated by law and its Executive Regulations.
• Spousal Agreement: Spouses may agree on contract conditions, including their rights during and after marriage, such as joint custody of children.
• Disclosure Requirement: The marriage contract form requires disclosure of any prior marital relationships, including divorce dates. The wife must confirm the absence of any existing marital relationship, and if the husband’s law prohibits polygamy, he must acknowledge this before the judge.
• Consent: The contract must demonstrate proof of verbal or written consent from each spouse.
• Legalization: Upon verifying all conditions and completing necessary procedures, the authentication judge legalizes the marriage contract, entering it into the official register.

Conclusion:

Under UAE law, whether governed by the personal status law for Muslims or the Civil Personal Status Law for non-Muslims, parents cannot unilaterally prevent their adult daughter from marrying once she has attained legal age and capacity. While parental guidance is respected, the legal framework prioritizes individual marriage rights, supported by judicial oversight to resolve disputes arising from parental objections.

Legal Update:

The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expatriate residents in case none of them wanted to apply his/her home country’s law in the UAE. To know more information about this law, please feel free to click this link.

Dr. Hassan Elhais is a legal consultant in Dubai, specializing in the drafting of all statements of claim, memos and consultation on litigation of all manner.