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    REQUIREMENTS AND VALIDITY FOR MARRIAGE OF FOREIGNERS IN THE UAE

     Federal Law No. 28 on Personal Status Regulations applies to all UAE citizens. If specific requirements are related to their community or confession, it will not apply to non-Muslim UAE nationals. In the United Arab Emirates, non-citizens are subject to the same Personal Status rules as citizens. They can, however, request that the laws of their home country be observed.

    As everyone has been interested in visiting the UAE and establishing enterprises here, foreigners have grown dramatically. Professionals from around the world are settling in the UAE to run their businesses and raise their families.

    Marriage, according to Islam, is a legal contract between two individuals (a man and a woman) intended to protect both the couple’s and their children’s rights. To be married in the United Arab Emirates, two individuals must first register their marriage in a Sharia court to ensure that they meet all of the legal criteria.

    IS IT POSSIBLE FOR FOREIGNERS TO GET MARRIED IN UAE?

    Foreign expats can and do marry in UAE. It’s crucial to keep in mind, however:

    1. The marriage must be officially registered with the appropriate courts or embassies.
    2. Non-Muslim expats can marry in UAE according to their home country’s regulations.

     WHAT ARE THE REQUIREMENTS FOR AN EXPAT TO GET MARRIED IN THE UAE?

    Expats marrying in UAE must adhere to a series of pre-established rules and processes. The basic requirements for a successful marriage in the UAE, which apply to both Muslims and non-Muslims, are as follows:

    1. The bride’s approval.
    2. A residence visa in the UAE is required for at least one party to the marriage contract (husband, wife, or wife’s guardian) to marry in Dubai.
    3. A valid premarital screening certificate for the couple from one of the UAE’s public health institutes;
    4. Both the bride and groom must be UAE residents in other emirates.
    5. A valid premarital screening certificate from one of the UAE’s public health institutes for the couple. Premarital screening is required in the UAE to combat the spread of infectious diseases such as AIDS.

     DETERMINATION OF MARRIAGE LEGITIMACY IN THE UNITED ARAB EMIRATES- RECENT AMENDMENT OF 2020

    With theFederal Decree-Legislation No. (30) of 2020, the recently amended Federal Law No. (5) of 1985 Concerning Civil Code provides a new law to assess the validity of the marriage.

    The law of the nation where the marriage was completed should be utilized to establish the substantive criteria for the marriage’s validity, according to Article 12 (1) of Amended Federal Law No. (5) of 1985 Concerning Civil Code. Before the latest change, however, the situation was different. Previously, the law of each of the spouses at the time of the marriage’s completion was used to determine the validity of the marriage.

     SHARIA MARRIAGE IN THE UAE

    Both locals and expats can marry in the United Arab Emirates. Sharia law governs Islamic weddings in the UAE, and it applies to the following scenarios regardless of nationality:

    1. When both the groom and the bride are Muslims.
    2. When the groom is a Muslim, the bride comes from ‘Ahl Al-Kitaab,’ such as a Christian.
    3. While the law permits a Muslim man to marry a non-Muslim woman, it prohibits a Muslim woman from marrying a non-Muslim man unless he can prove his conversion to Islam.
    4. In the United Arab Emirates, polygamy is permitted. A Muslim man may have up to four wives as long as he gives equal sustenance and care to each.

     REQUIREMENTS FOR MUSLIM EXPATS FOR MARRIAGE

    In the law, there is a requirement for Muslim marriage. The following are the legal requirements for a lawful Muslim marriage:

    • In the UAE, the marriage contract must be registered in a Sharia court.
    • The legal age of marriage is 18 Hijri years; otherwise, a court must approve the marriage.
    • A court must authorize the marriage if one spouse’s age is more than twice that of the other.
    • A certificate of premarital screening is necessary.
    • It is necessary for the couple to be present. Two male Muslim witnesses and the bride’s father or his proxy must be present.

    CONDITIONS APPLICABLE TO WOMAN (BRIDE)

    • A woman must seek her guardian’s consent before marrying.
    • The presence of the next closest male guardian is required in the event of a father’s death. An elder brother, for example.
    • Divorced and widowed women must provide proof of their marital status.
    • If the bride is Muslim, but her father isn’t, she’ll need a letter from her embassy or consulate declaring that no objections exist.

     

    REQUIREMENTS FOR NON MUSLIM EXPATS FOR MARRIAGE

    Non-Muslims can fulfil their marriage requirements at their country’s embassy or consulate in the UAE or a temple or church of their faith. Individuals from some countries must file an intent to marry form with their embassy or consulate in the UAE. Check with your embassy and continue as needed. In the UAE, the marriage must be registered in both parties’ embassies.

     NECESSARY CONDITIONS FOR A VALID MARRIAGE CONTRACT FOR EXPATS IN UAE

    Article 38 of the UAE’s Personal Status Law establishes three requirements for a legal marriage. The following are the components of a marriage contract:

    1. The two parties to the contract (the husband and the Tutor): 

    According to Article 39, with the permission of the capacitated woman’s Tutor, the authorized religious official will proceed with her marriage and get her signature on the contract. In the absence of a tutor, the contract is null and void. If a marriage has been consummated, the couples must be separated, and the birth child’s affiliation must be confirmed.

    The Tutor must be a male of sound reasoning, competent, not prohibited on pilgrimage and Muslim. For Example, The Tutor in Marriage is the father, followed by the agnates in the following order: son, brother, uncle.

     The Object: 

    The bride shall not be permanently or provisionally barred from marrying the guy. There shall be no legal barriers to the couple’s marriage, and there shall be no interference with their marriage.

     3. Offer and Acceptance of the marriage proposal:

    1.According to Article 41 of the Personal Status Law, a legal marriage requires:

    • An offer of marriage made by one of the parties to the wedding, and
    • Acceptance of such a proposal.
    • The term “marriage” must be used explicitly.

    2. The acceptance should either explicitly or implicitly match the offer with the parties retaining their capacity until the contract is formed.

    3. . According to Sharia Law, the proposal and acceptance must be made in the presence of two (2) competent male Muslims who have reached puberty age, or one male and two female witnesses who are sane adults and Muslims.

     

    ENTITIES IN CHARGE OF COMPLETING ISLAMIC MARRIAGES

    In each emirate, judicial agencies and Sharia courts in the UAE and approved marriage officials (Mazoons) perform Islamic weddings.

     

    Depending on country, citizenship, and religion, the criteria and process for getting married in Dubai may change. It is one of the reasons why it is essential to seek the advice of Dubai court marriage attorneys. You’ll also need a dependable team of lawyers specializing in marriage, family, and immigration law. As your trusted counsel for this happy event, we’ll do everythingwe can to ensure you have less to worry about and more time to celebrate, particularly your marriage.

     

    Reference:

    https://u.ae/en/information-and-services/social-affairs/marriage

     

    The post REQUIREMENTS AND VALIDITY FOR MARRIAGE OF FOREIGNERS IN THE UAE appeared first on California News Times.

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