Sharia Marriage in the United Arab Emirates
A Legal Guide under the Federal Personal Status Law
Issued by Ahkam for Legal Transactions and Consultations
The United Arab Emirates is keen to keep pace with legislative developments in a manner that ensures family stability and safeguards the rights of individuals residing in the country. This approach is reaffirmed by Federal Law No. (42) of 2024 on Personal Status, which regulates Sharia marriage, its conditions, and its essential elements in line with the objectives of Islamic Sharia and the requirements of modern society.
Through Enjaz Online, the digital legal service of Ahkam for Legal Transactions and Consultations, we provide specialized legal consultations in matters related to marriage and personal status, in accordance with the latest laws applicable in the UAE.
First: Definition and Purpose of Marriage
Marriage is a Sharia-compliant legal contract concluded in accordance with the provisions of the law, with specific pillars and conditions, between a man and a woman with the intention of establishing a permanent marital relationship. It creates mutual rights and obligations between the spouses.
The purposes of marriage include:
- Chastity and moral protection
- Establishing a stable family
- Fostering affection and mercy between spouses
- Preserving social cohesion
Second: Definition of Legal Seclusion (Khalwa)
Legal seclusion (Khalwa) refers to the meeting of the spouses before consummation in a place where each feels secure from the presence or observation of others.
Khalwa is established by mutual acknowledgment of the spouses or by witness testimony.
Third: Pillars of the Marriage Contract
A marriage contract shall not be valid under Sharia and the law unless the following pillars are fulfilled:
- Offer and acceptance issued by the spouses
- The presence of a guardian (Wali) if the wife is Muslim
- This requirement does not apply to a non-national Muslim woman if the law of her nationality does not require a guardian for marriage
Fourth: Legal Capacity for Marriage
The Personal Status Law defines the legal capacity for marriage as follows:
- Full legal capacity is attained through sound mind and reaching the age of eighteen (18) Gregorian years
- A marriage contract for a person under the age of (18) shall not be notarized except with court permission
- If the guardian refuses to marry off a person under (18), the matter may be referred to the court
- Any person who enters into a valid marriage acquires legal capacity to litigate and grant powers of attorney in matters related to marriage and its effects, provided they are of sound mind
- If the bride is a virgin and the age difference between her and the suitor exceeds thirty (30) years, the marriage shall not be concluded without court approval
Fifth: Marriage of the Spendthrift, the Insane, or the Mentally Incompetent
1. The Spendthrift
A male who has reached the age of majority and is deemed spendthrift may marry himself. The financial guardian has the right, prior to consummation, to object to any dowry exceeding twice the customary dowry.
2. The Insane or Mentally Incompetent
The court may authorize such a marriage upon the request of the guardian, provided that:
- The marriage serves a genuine interest of the insane or mentally incompetent person
- The other party accepts the marriage with full knowledge of the condition
- A certified medical report issued by a government authority is submitted, indicating the condition and the possibility of its transmission to offspring
Sixth: Order of Guardianship in Marriage
The order of guardianship in marriage is as follows:
Father → appointed guardian → paternal grandfather → son → full brother → other agnatic relatives according to legal order, or whomever the court appoints.
- If guardians are equal in degree, preference is given to the one chosen by the woman
- If the guardian’s attendance is impossible, guardianship transfers to the next eligible guardian by court order
- A woman may not be married without her consent, which must be expressly stated in the marriage contract
Seventh: Marriage of a Woman with No Guardian
The judge is the guardian of a woman who has no guardian. The judge may not marry himself to a woman over whom he has guardianship.
Eighth: Conditions of the Guardian (Wali)
The guardian must be:
- Male
- Of sound mind
- Of legal age
If any condition is not met, guardianship transfers to the next eligible guardian.
What if the Guardian Prevents Marriage?
Article (24) of the Personal Status Law provides that:
If a guardian, including the father, prevents a woman under his guardianship from marrying a suitable match she has accepted with a customary dowry, the court shall marry her upon her request or upon the request of an interested party. The court may also transfer guardianship or authorize a suitable person to conclude the marriage contract.
Ninth: Conditions of Offer and Acceptance
The following conditions must be met for valid offer and acceptance:
- They must be explicit and clearly indicate the meaning of marriage
- They must occur in the same session, actually or constructively, as determined by applicable legislation
- They must be immediate, not conditional, deferred, or time-bound
Tenth: Conditions for the Validity of the Marriage Contract
For a marriage contract to be valid, the following are required:
- Identification of both spouses
- The woman must not be prohibited to the man permanently or temporarily
- The wife’s consent
- Offer by the guardian (if the wife is Muslim) and acceptance by the other party
- Testimony of two witnesses
Conditions for Witnesses:
- Male
- Of sound mind
- Of legal age
- Heard and understood the offer and acceptance
- Muslim if the husband is Muslim
Eleventh: Conclusion of the Marriage Contract
Marriage is concluded by:
- Explicit verbal expression
- Written form in case of inability to speak
- Clear and understood gestures in case of inability to speak or write
Role of Ahkam for Legal Transactions and Consultations
Despite the clarity of legal provisions, proper application requires specialized legal expertise to ensure valid procedures and full protection of rights.
Through Enjaz Online, Ahkam for Legal Transactions and Consultations provides:
- Legal consultations prior to marriage
- Follow-up of Sharia marriage procedures
- Resolution of disputes related to guardianship or legal capacity
- Full compliance with the UAE Personal Status Law
📞 Contact us today to obtain an initial legal consultation regarding Sharia marriage in the UAE.
Ahkam for Legal Transactions and Consultations
Legal Consultant
Mostafa Ahmed Abdelsalam
