Criteria for a Valid Marriage, The Role of a Guardian

Criteria for a Valid Marriage, The Role of a GuardianMarriages in the UAE are governed by the UAE family laws which include the personal status law and the civil status laws. The civil status laws include Federal decree Law No. 41 of 2022 governing non-Muslims in the UAE except in the emirate of Abu Dhabi and the Abu Dhabi Law No. 14 of 2021 applicable to non-Muslim in Abu Dhabi. The Personal Status Law is stipulated under Federal Decree Law No. 41 of 2024 and governs all Muslims in the UAE, both nationals and expatriates. The law also covers any family matter that is not covered by the civil status laws.

Under Article 16 of the Personal Status Law, marriage is a contract between a man and a woman with the intention of perpetuating the marital relationship to establish a stable family. For a valid marriage, the following criteria must be met:

1. Offer and acceptance by the spouses
2. Presence of a guardian.
3. Both parties must have attained 18 years of age
4. Free consent

Can a woman get married without the approval of her guardian?

Although Article 18 states that the presence of a guardian is one of the necessities of a valid marriage, as per Article 24, if the guardian tries to prevent a woman from getting married to an eligible man with a fair dowry, then the woman can request the court to undertake the marriage. The court may also transfer her guardianship to another person who it deems is appropriate.

Can a father withhold approval for the marriage of his daughter?

Article 24 states that the rule applies even if the guardian is the father of the woman. The marriage shall be organized by the court upon the woman’s request or another interested party. Moreover, the court may transfer the woman’s guardianship to another guardian or delegate it to someone else should the court deem such actions appropriate and beneficial.

Is a guardian required under a civil marriage?

As the presence of a guardian is an Islamic requirement, marriages under the Civil Law do not require the presence of a guardian. Thus, non-Muslim couples marrying in the UAE do not need the presence of a guardian to validate their marriage.

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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.