Marriage of Persons Under Eighteen

Preamble

Resolution

The Cabinet: – Having reviewed the Constitution; – Federal Law No. (1) of 1972 Regarding the Competencies of the Ministries and the Powers of the Ministers, as amended; – Federal Decree by Law No. (32) of 2022 Regarding the Federal Judicial Authority, as amended; – Federal Decree by Law No. (41) of 2024 Promulgating the Personal Status Law; – Cabinet Resolution No. (71) of 2020 Regarding the Controls of Marriage for Those Who Have Attained Puberty Before the Age of Eighteen; – Upon the proposal of the Minister of Justice and the approval of the Cabinet; Hereby resolves as follows:

Article (1) Definitions

For the purposes of implementing of the provisions of this Resolution, the following terms and expressions shall have the meanings assigned to each of them, unless the context requires otherwise: Decree by Law: Federal Decree by Law No. (41) of 2024 Promulgating the Personal Status Law. Court: The Court of First Instance for Personal Status Matters or the Personal Status Department, as the case may be. Committee: The Committee established pursuant to Article (3) of this Resolution. Early Marriage: The marriage of a person who has attained puberty in accordance with Shari’ah, but has not attained the age of eighteen (18) Gregorian years, whether male or female.

Article (2) Attestation of the Marriage Contract for Persons Under Eighteen Years of Age

The attestation of a marriage contract for any male or female who has not attained the age of eighteen (18) Gregorian years shall be prohibited, except with the permission of the Court, after verifying the existence of an interest in such marriage, and in accordance with the controls and procedures set out in this Resolution.

Article (3) Establishment of the Committee

Pursuant to this Resolution, a permanent committee named the "Early Marriage Applications Assessment Committee" shall be established. A resolution shall be issued by the President of the Federal Judicial Council or the Head of the Local Judicial Authority, as the case may be, determining its composition, membership, rules of procedure, and headquarters.

Article (4) Functions of the Committee

The Committee shall undertake the following functions: 1. Receiving applications for permission to enter into an early marriage; 2. Communicating with the guardian of both the prospective husband and the prospective wife; 3. Coordinating with the Court as required for the examination of the case; 4. Addressing the competent authorities to provide it with a report on the social circumstances of both the prospective husband and the prospective wife, including their financial, security, and health conditions. 5. Hearing any person whose testimony it considers necessary for forming its opinion or reaching its conviction, without administering an oath thereto; 6. Preparing a comprehensive report on the appropriateness or otherwise of granting permission for an early marriage, including a statement of the grounds supporting or opposing such appropriateness. For this purpose, the Committee may request any documents or records that may assist it in the preparation of its report. 7. Referring the application for permission to marry, together with the accompanying documents and the report prepared in respect thereof, to the Court.

Article (5) Application for Permission to Enter into an Early Marriage

An application for permission to enter into an early marriage shall be submitted to the Committee using the form prepared for this purpose and shall be accompanied by the following documents: 1. A medical report confirming the attainment of puberty, that pregnancy and childbirth pose no risk to the life or physical well-being of the prospective wife, and indicating any diseases that may prevent the marriage, if any; 2. A medical report establishing the psychological condition of both the prospective husband and the prospective wife; 3. Written consent of both the prospective husband and the prospective wife to the marriage, together with proof that neither of them has been subjected to coercion; 4. Proof of the prospective husband's ability to bear maintenance expenses, or a duly attested undertaking by their legal guardian or trustee to provide maintenance for the spouses until the husband attains an age enabling them to earn a livelihood; 5. Proof that the prospective husband has provided suitable matrimonial accommodation; and 6. A criminal record certificate issued by the competent authorities in the State.

Article (6) Controls Governing the Preparation of the Committee's Report

When preparing the report referred to in Clause (6) of Article (4) of this Resolution, the Committee shall verify the following: 1. The availability of the documents referred to in Article (5) of this Resolution and their authenticity; 2. The capacity of the prospective husband and the prospective wife to assume marital responsibilities and their full awareness of the obligations arising from marriage; 3. The absence of any likelihood of harm befalling either the prospective husband or the prospective wife as a consequence of granting permission for the early marriage, having regard to their social circumstances and living conditions; 4. The degree of compatibility between the prospective husband and the prospective wife in terms of age and social and financial suitability; and 5. That the marriage will not adversely affect the educational future of either the prospective husband or the prospective wife.

Article (7) Procedures for Submitting the Report to the Court

1. The Committee shall examine the application submitted thereto, prepare a report thereon, and submit it to the Court after ensuring fulfilment of the conditions and submission of the documents prescribed under this Resolution. 2. The parties may submit their observations on the Committee's report before the Court after the report has been referred thereto.

Article (8) Court Decision

1. The Court shall issue its decision either granting or refusing permission for an early marriage on the basis of the findings contained in the Committee's report. Before deciding on the application, the Court may complete any matters it deems necessary for the proper determination thereof, or may assign the Committee to complete such matters. 2. Where the Court does not adopt the findings set out in the Committee's report, it shall state the reasons therefor in its decision. 3. Any interested person may file a grievance against the Court's decision within seven (7) days from the day following its issuance if rendered in the presence of the parties, or from the day following notification thereof if deemed rendered in their presence. The Court shall decide on the grievance by upholding, amending, or setting aside the decision. The judgment rendered in this regard shall be appealable.

Article (9) Resubmission of the Application

An application for permission to enter into an early marriage may be resubmitted after the rejection of the initial application, provided that a period of not less than six (6) months has elapsed from the date of rejection, or where circumstances affecting the prospective spouses arise that warrant reconsideration of the application.

Article (10) Repeals

The aforementioned Cabinet Resolution No. (71) of 2020 shall be repealed. Any provision that contradicts or conflicts with the provisions of this Resolution shall also be repealed.

Article (11) Publication and Entry into Force

This Resolution shall be published in the Official Gazette and shall enter into force on the day following the date of its publication.