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Personal Status Lawarticles 1–100

  1. Article I — Article One

    The Personal Status Law attached to this Federal Decree-Law shall be implemented, and the provisions thereof shall apply to all matters covered by the articles therein contained. If the judge does not find a provision, h

  2. Article II — Article Two

    The provisions of the Civil Procedure Law, the Evidence Law in Civil and Commercial Transactions, and the Civil Transactions Law shall apply to matters not specifically stated in the herewith-attached law.

  3. Article III — Article Three

    1. The Federal Judicial Council and the competent local judicial authorities shall issue, each within their jurisdiction, the following regulations and guides: a. Regulations for certifications and documentation. b. Regu

  4. Article IV — Article Four

    The law attached to this Decree-Law shall replace Federal Law No. (28) of 2005 Concerning Personal Status, and any provision that contradicts or conflicts with the provisions of this Decree-Law and the law attached to it

  5. Article V — Article Five

    The present Decree-Law shall be published in the Official Gazette and shall come into force (6) six months following the date of its publication.

  6. Article 1 — Article (1) Scope of Application of the Law

    1. The provisions of this Law shall apply to UAE citizens if both parties of the relationship or one of them is Muslim. 2. The provisions of this Law apply to non-Muslim UAE citizens unless they have provisions specific

  7. Article 2 — Article (2) Calculating the Durations

    The Gregorian calendar shall be adopted for the durations mentioned in this Law unless otherwise stated.

  8. Article 3 — Article (3) Courts’ Competence

    1. The courts of the State shall be competent to consider cases related to Personal Status issues filed against citizens and foreigners who have a domicile, place of residence, or place of work in the State. 2. The court

  9. Article 4 — Article (4) Competence of Courts in Cases Filed Against a Foreigner Who Has No Domicile in the State

    The courts of the State have the competence to hear cases related to Personal Status filed against a foreigner who has no domicile, residence, or place of work in the State, in the following cases: 1. If the case is an o

  10. Article 5 — Article (5) The Competence of the Personal Status Judge and the Estate Judge

    1. The Personal Status judge shall be competent to consider all disputes arising from the application of this Law and everything related to marriage, divorce, dowry, withdrawal of engagement, and all Personal Status matt

  11. Article 6 — Article (6) Court Permit or Approval

    1. In cases where the law requires obtaining the permit or approval of the court, or where the law requires that the matter be referred to a judge, the application shall be submitted to the court within whose jurisdictio

  12. Article 7 — Article (7) Directing the Dispute In Case of a Claim for a Missing Person Judgment

    In the event of a claim for a missing person judgment, the dispute shall be directed to the potential heirs of the missing person, his/her agent or the person appointed as his/her agent, and to the Public Prosecution.

  13. Article 8 — Article (8) Family Guidance Department

    1. Before referring the case to the competent court, the supervising judge may issue a decision to refer the parties of the case to the Family Guidance Department/ Section to resolve the dispute between them amicably if

  14. Article 9 — Article (9) Duration for Judgments Appeal and Cassation

    The duration to file for appeal and cassation in rulings issued in personal status matters stipulated in this law is (30) thirty days.

  15. Article 10 — Article (10) Commencement of the Duration of Appeal

    The commencement of the duration of appeal of the judgment shall begin on the day following the date of its issuance if it was in person, and on the day following the notice of the party against whom the judgment is rend

  16. Article 11 — Article (11) Definition of Engagement

    Engagement is a man’s request to marry a woman who is permissible for him and a promise to marry her. Engagement is not deemed to be a marriage.

  17. Article 12 — Article (12) Cancellation of Engagement

    Both the fiancé and the fiancée have the right to withdraw from the engagement.

  18. Article 13 — Article (13) Gifts During the Engagement Period

    Everything that the fiancé or fiancée presents to the other party during the engagement period is deemed a gift unless the fiancé proves that what he presented is deemed a dowry or is customarily deemed part of the dowry

  19. Article 14 — Article (14) Redeeming Gifts

    1. If one or both parties withdraw from the engagement, only gifts conditional on the completion of the marriage shall be returned, as well as valuable gifts each of which exceeds (25,000) twenty-five thousand dirhams in

  20. Article 15 — Article (15) Redeeming the Dowry Presented During the Engagement Period

    1. If either the fiancé or the fiancée refrains from concluding the marriage contract or dies before the contract, and the fiancé had given his fiancée property before the contract as part of the dowry, the fiancé, or hi

  21. Article 16 — Article (16) Definition and Purpose of Marriage

    Marriage is a contract concluded in accordance with the provisions of this Law with elements and conditions between a man and a woman with the intention of perpetuating the marital relationship between them. It establish

  22. Article 17 — Article (17) Definition of Seclusion

    Seclusion is the meeting of spouses before intercourse in a place where each of them feels safe with the other without being overseen. Seclusion is proven by their agreement if they acknowledge it or by the testimony of

  23. Article 18 — Article (18) Elements of Marriage Contract

    The elements necessary for the conclusion of a marriage contract are: 1. Offer and acceptance of spouses. 2. The guardian if the wife is Muslim, with the exception of a non-citizen Muslim wife, if the law of her national

  24. Article 19 — Article (19) Eligibility for Marriage

    1. The legal capacity for marriage is completed by sanity and the person reaching (18) eighteen Gregorian years of age. 2. It is prohibited to document a marriage contract for anyone who has not reached the age of (18) e

  25. Article 20 — Article (20) Marriage of a Prodigal, Lunatic, or Idiot

    1. A male who has reached the age of majority and is prodigal or has become prodigal may get himself married. The guardian over property, before intercourse, may object to what exceeds twice the usual dowry. The exceptio

  26. Article 21 — Article (21) Order of Guardians in Marriage

    The order of guardians in marriage is as follows: 1. The father, then the one he specifies in a will, then the paternal grandfather, even if he ascends, then the son, then the full brother, then whoever the woman chooses

  27. Article 22 — Article (22) Marriage of a Person Who Has No Guardian

    The Judge is the guardian of anyone who has no guardian, and he is permitted to marry himself to the woman over whom he has guardianship.

  28. Article 23 — Article (23) Requirements of Guardian in Marriage

    The guardian in marriage shall be a sane man who has reached the age of majority. If one of the conditions of guardianship is missing, the next guardian shall conduct the marriage.

  29. Article 24 — Article (24) The Woman’s Prevention by Her Guardian from Getting Married

    If the guardian, even if he is the father, prevents a woman over whom he has guardianship, from marrying a man of her equivalence, and whom she has accepted and with a usual dowry, the Court shall undertake the marriage

  30. Article 25 — Article (25) Terms of the Offer and Acceptance

    The offer and acceptance shall meet the following conditions: 1. They align explicitly in terms of words that convey the meaning of marriage in language and custom. 2. They must be coupled together at the same gathering

  31. Article 26 — Article (26) Conditions for the Validity of the Marriage Contract

    The following conditions shall be met for the marriage contract to be valid: 1. Specifying the spouses. 2. The wife should not be, permanently or temporarily, part of the category of women to whom marriage is prohibited

  32. Article 27 — Article (27) Requirements of Witness

    The witness shall be a sane man, has reached the age of majority, has heard the offer and acceptance and understood what is meant by them, and be a Muslim as long as the husband is a Muslim.

  33. Article 28 — Article (28) Prohibitions Due to Kinship

    1. It is permanently forbidden, due to kinship, to marry: a. Ascendants, even if they ascend. b. Descendants, even if they descend. c. The descendants of the parents, even if they descend. d. The first layer of the desce

  34. Article 29 — Article (29) Prohibitions Due to Affinity

    1. It is permanently forbidden for a man, due to affinity, to marry: a. His wife’s ascendants, even if they ascend. b. The descendants of his wife with whom he had intercourse, even if they descend. c. Whoever is the wif

  35. Article 30 — Article (30) Prohibitions Due to Accusation of Adultery

    1. It is permanently forbidden for a man to marry a woman whom he accused of adultery before the Judiciary, even if he retrieved his accusation. 2. A person is prohibited from marrying his daughter that he denied due to

  36. Article 31 — Article (31) Prohibitions Due to Breastfeeding

    Breastfeeding relationship prohibits what is prohibited by lineage if the following conditions are met: 1. Breastfeeding should have occured during the first two years of the newborn’s life. 2. The number of times of bre

  37. Article 32 — Article (32) Cases of Temporary Prohibition of Marriage

    Marriage is temporarily forbidden in the following cases: 1. A man’s marriage to someone else’s wife. 2. A man’s marriage to a woman in her Waiting Period from another man. 3. A man’s marriage to a woman who has been irr

  38. Article 33 — Article (33) Constraints on Conditions in the Marriage Contract

    1. The spouses are bound by their conditions, except for a condition that makes permissible what is forbidden or forbids what is permissible. 2. If a condition that is stipulated in the marriage contract contradicts its

  39. Article 34 — Article (34) Conclusion of the Marriage Contract

    Marriage is concluded by the offer and acceptance between the parties to the contract, using the explicit wording of marriage, in writing in case of inability to speak, and by a comprehensible signal in case of inability

  40. Article 35 — Article (35) Types of Marriage Contracts

    Marriage contracts are of two types: 1. Valid marriage contract. 2. Invalid marriage contract, including the following: a. Invalid marriage contract in which one or more of the elements of the marriage contract are missi

  41. Article 36 — Article (36) Valid Marriage Contract

    A marriage contract is valid if its elements and conditions are met, and its effects are established from the moment it was concluded.

  42. Article 37 — Article (37) Invalid Marriage Contract

    A marriage contract is invalid if one of its elements, or one of its validity conditions, is missing, or if a condition stipulated therein contradicts its essence.

  43. Article 38 — Article (38) Effects of Void Marriage Contract

    1. A void marriage shall have no effect before intercourse. 2. A void marriage, after intercourse, results in a waiting period and proof of lineage.

  44. Article 39 — Article (39) Effects of Al-Fased Marriage Contract

    1. The court shall revoke Al-Fased marriage contract, and it has no effect before intercourse, except for divorce if the husband issues it, in which case it becomes a minor irrevocable divorce. 2. The consequences of Al-

  45. Article 40 — Article (40) Correction of the Al-Fased Marriage Contract

    It is permissible for spouses in the case of Al-Fased marriage contract to conclude a new marriage contract that meets the elements and conditions without the need for a judicial ruling to revoke the previous Al-Fased co

  46. Article 41 — Article (41) Documenting the Marriage Contract

    1. The marriage contract shall be documented in the court in accordance with the legislation in force. 2. Any interested party may request proof of an undocumented marriage contract. 3. The marriage contract should fulfi

  47. Article 42 — Article (42) Equivalency

    1. The husband shall be equivalent to the woman at the time of concluding the marriage contract, and the loss of equivalency thereafter does not affect the contract. Equivalency is a right for both the woman and her guar

  48. Article 43 — Article (43) The Right of the Wife and Her Guardian to Request Revocation of the Contract Due to Non-Equivalency

    If a man claims equivalency or fabricates what deceives to its existence, or equivalency is stipulated in the contract, thereafter it appears that he is non-equivalent, then both the wife and her guardian have the right

  49. Article 44 — Article (44) The Extinguishment of the Wife’s Right to Request Revocation for the Lack of Equivalency

    The right of the wife to request revocation due to the lack of equivalency is extinguished by her pregnancy, the passing of one year since the date of intercourse or receiving prior consent from the person requesting the

  50. Article 45 — Article (45) Dowry

    1. Dowry is the property paid by the man to the woman by virtue of the marriage contract, and its determination is subject to the dowry determination law. 2. Dowry is the woman’s ownership, and she shall not be obliged t

  51. Article 46 — Article (46) Postponement of Dowry

    1. It is permissible to agree in the marriage contract to postpone the payment of all or part of the dowry. 2. If the contract does not stipulate that the dowry payment be postponed and does not specify a particular time

  52. Article 47 — Article (47) The Obligation, Confirmation, and Entitlement to the Dowry

    1. Except in the case of void marriage contract, the dowry is obligatory in accordance with the marriage contract. 2. The full dowry or the usual dowry is confirmed by intercourse, proper seclusion, or the death of one o

  53. Article 48 — Article (48) Usual Dowry

    A woman is entitled to the usual dowry in the following cases: 1. Silence about naming the dowry. 2. Denying the dowry in the marriage contract, 3. Not specifying the dowry correctly in the contract.

  54. Article 49 — Article (49) Rights of Spouses

    Both spouses shall consider the following: 1. Good companionship to each other in accordance with custom and exchanging respect in a manner leading to affection and mercy between them. 2. Neither party shall harm the oth

  55. Article 50 — Article (50) The Wife’s Right to Refrain from Intercourse and Moving into the Marital House

    1. The wife may refrain from entering and moving into the marital home until she receives her due dowry and until the husband provides her with an appropriate house in accordance with the husband’s financial capability.

  56. Article 51 — Article (51) Wife’s Property and Financial Entity

    1. Each one of the spouses shall have an independent financial entity, and the wife is free to dispose of her property, and the husband shall not dispose of her property without her consent. 2. If one of the spouses part

  57. Article 52 — Article (52) Cases of Spouses Separation

    Separation occurs between spouses in any of the following cases: 1. Divorce. 2. Forced divorce. 3. Khula’. 4. Revocation of the marriage contract. 5. Death of one of the spouses.

  58. Article 53 — Article (53) Definition of Divorce

    Divorce is the dissolution of the marriage contract by the will of the husband through the word indicating it. There are two types of this word: 1. Explicitly, which is the word of divorce or a derivative thereof. 2. Met

  59. Article 54 — Article (54) Divorce by Husband

    1. Divorce is pronounced by the husband by speech or writing by any means, and if he is unable to do either, then by a comprehensible signal. 2. Divorce does not occur on the wife unless she is in a valid marriage.

  60. Article 55 — Article (55) The Husband’s Authorization of Another Person to Divorce

    1. The husband or the wife, if she has the right to divorce herself, may authorize another person, male or female, to issue the divorce using a special notarized Power of Attorney. 2. The authorizing person’s statement,

  61. Article 56 — Article (56) Cases in Which Divorce Does Not Occur

    Divorce does not occur in the following cases: 1. If the wife is in the waiting period of divorce or invalid marriage. 2. Divorce of an insane person or someone who has lost his sanity, even if such loss is by choice due

  62. Article 57 — Article (57) Repeated Divorce

    Repeated divorce or divorce coupled with a number, verbally, in writing, or by signal, is deemed only one divorce.

  63. Article 58 — Article (58) Documenting Divorce

    1. The husband shall document the divorce before the competent court within a maximum period of (15) fifteen days from the date of its occurrence, and this does not prejudice the wife’s right to file a case to prove the

  64. Article 59 — Article (59) Types of Divorce

    Divorce is of two types: 1. A revocable divorce, which does not end the marriage contract until the waiting period has expired. 2. An irrevocable divorce, which ends the marriage contract upon its occurrence, and is divi

  65. Article 60 — Article (60) Revocable Divorce

    Every divorce in a valid marriage is deemed a revocable divorce except: 1. The third divorce, by which the woman becomes separated by a major irrevocable divorce. 2. Divorce before intercourse or seclusion, by which the

  66. Article 61 — Article (61) Take Back

    If the husband divorces his wife by way of a revocable divorce, he has the right to take her back as long as she is in the waiting period, and this right shall not be extinguished by waiving it.

  67. Article 62 — Article (62) Means of Take Back

    1. Take back is valid by action or explicit verbal or written expression, and if both are not possible, then by a comprehensible signal. 2. The take back is only valid if it is absolutely final, and should not be suspend

  68. Article 63 — Article (63) Wife’s Statement in Divorce and Take Back

    1. The wife’s statement in divorce and take back cases is not accepted, except with proof. 2. The wife’s statement concerning the expiry of the waiting period for divorce before the take back is accepted if the period is

  69. Article 64 — Article (64) Documenting the Take Back

    1. In a revocable divorce, the husband shall document the take back before the competent court within a maximum period of (15) fifteen days from the date of the take back if he has documented the divorce, and he shall in

  70. Article 65 — Article (65) Definition of "Khula’"

    Khula’ is a separation between spouses at the request of the wife and the husband's acceptance of the consideration offered by the wife or someone else, Khula’ takes place as a minor irrevocable divorce.

  71. Article 66 — Article (66) Consideration in "Khula’"

    1. Anything that can be deemed property can be deemed as a consideration in Khula’ . 2. If the consideration in Khula’ is the dowry, then surrendering what was received from the dowry will suffice, and the remainder shal

  72. Article 67 — Article (67) Capacity in Khula’

    Khula’ is valid between fully competent spouses, and the exchange in Khula’ is valid if the person who provides it is competent.

  73. Article 68 — Article (68) Documenting Khula’

    The spouses shall document Khula’ in accordance with the procedures in force before the competent court within a maximum period of (15) fifteen days, any interested party may apply to the court to prove it by any means o

  74. Article 69 — Article (69) Court’s Revocation of Marriage Contract Due to Disease or Harmful Defect

    1. If one of the spouses finds in the other a disease or a serious defect that is among repulsive or harmful defects, such as lunacy, leprosy, or elephantiasis, or that prevents sexual pleasure, such as impotence, horns,

  75. Article 70 — Article (70) Effects of Revoking a Marriage Contract Due to Disease or Harmful Defect

    If the marriage contract is revoked due to disease or harmful defect in one of the spouses, the court shall decide the following: 1. If the disease or defect in the wife preceded the contract, and the revocation occurred

  76. Article 71 — Article (71) Revocation of Marriage Contract for Damage

    Each spouse is entitled to request divorce due to damage that precludes the continuance of their living together according to custom. The court may rule for divorce if the damage is proven, and reconciliation is impossib

  77. Article 72 — Article (72) Appointment of Arbitrators

    If the damage is not proven, the court shall dismiss the case. If the discord between the spouses continues, the harmed one may file a new case after the judgment becomes final or after (6) six months from the issuance o

  78. Article 73 — Article (73) Arbitrators’ Investigation of the Causes of Discord

    The arbitrators shall listen to the spouses, investigate the causes of the discord, and make efforts to reconcile them. The arbitrators’ work shall not be affected by either spouse's refusal to deal with the arbitrators.

  79. Article 74 — Article (74) Arbitrators' Report

    If the Arbitrators are unable to make the spouses reconcile, they shall decide what they see as a way of their separation with or without consideration. The court shall estimate the consideration considering the factors

  80. Article 75 — Article (75) Revocation of Marriage Contract before Intercourse or Seclusion

    1. The court shall rule to revoke the marriage contract if the wife requests its revocation before intercourse or seclusion and the husband refuses to divorce her or conduct Khula’ with her, and if she returns the receiv

  81. Article 76 — Article (76) Revocation of Marriage Contract Due to Non-Payment of the Due Dowry

    1. An order shall be issued to the wife, with whom the marriage has not been consummated, to revoke the marriage contract due to the husband’s failure to pay her due dowry if the period set by the court for paying her du

  82. Article 77 — Article (77) Divorce for Failure to Provide for the Wife

    1. If the husband refrains from providing for his wife, or it is impossible to collect the maintenance from him, the court shall give him a period not exceeding (30) thirty days. If he refuses to pay without presenting a

  83. Article 78 — Article (78) Divorce Ruling for Desertion

    The court shall revoke the marriage contract, upon the wife’s request, in the following two cases: 1. If the husband swears not to have sexual intercourse with her for a period exceeding (4) four months unless he retract

  84. Article 79 — Article (79) Divorce Ruling Due to Absence, Loss, and Imprisonment

    1. The wife is entitled to request divorce due to the absence of her husband whose domicile or place of residence is known if he is absent from her for a period of not less than (6) six months, even if he has property fr

  85. Article 80 — Article (80) Divorce Due to Addiction to Drugs, Psychotropic Substances or Alcohol

    Either spouse may request divorce due to harm if the other is addicted to drugs, psychotropic substances, or alcohol.

  86. Article 81 — Article (81) Definition of the Waiting Period

    The waiting period is the specified period during which a woman may not remarry due to separation.

  87. Article 82 — Article (82) Cases of Obligatory Waiting Period

    Subject to Articles (38) and (39) of this Law, the waiting period is obligatory in the event of death in a valid marriage contract, even before intercourse, and it is obligatory if the separation occurs in a case other t

  88. Article 83 — Article (83) Calculation of the Waiting Period

    1. The waiting period is calculated as follows: a. The calculation of the waiting period for death begins from the date of death. b. The calculation of the waiting period for divorce begins from the date on which the jud

  89. Article 84 — Article (84) The Waiting Period for a Nonpregnant Divorcée

    The waiting period for a nonpregnant divorcée is as follows: 1. (3) Three periods of purity for menstruating women. 2. (3) Three lunar months for a post-menopausal woman, and (3) three lunar months for a woman who origin

  90. Article 85 — Article (85) Waiting Period of Pregnant Woman

    The waiting period of a pregnant elapses by giving birth or miscarriage.

  91. Article 86 — Article (86) The Waiting Period of a Nonpregnant Woman Whose Husband Has Died

    The waiting period of a nonpregnant woman whose husband has died is as follows: 1. Before intercourse or after, it is (4) four months and (10) ten days in the lunar months. 2. If a woman is in the waiting period from a r

  92. Article 87 — Article (87) Methods of Proving Lineage

    1. A child’s lineage to his/her father is proven by birth in a marriage contract, by admission, by proof, or by scientific methods. 2. A child’s lineage to his/her mother is proven by proof of birth.

  93. Article 88 — Article (88) Proof of Lineage in the Event of a Standing Marriage Contract

    1. The minimum term of pregnancy is (180) one hundred and eighty days and the maximum is (365) three hundred and sixty-five days unless a medical committee formed for this purpose decides otherwise. 2. A child’s lineage

  94. Article 89 — Article (89) Conditions of Proving Lineage by Admission

    1. In order to prove lineage by admitting filiation, even during a dying sickness, the following conditions shall be met: a. The admitting person is an adult, sane, and having free will. b. The child’s lineage is unknown

  95. Article 90 — Article (90) Proof of lineage by DNA Test

    In exceptional circumstances, or when newborns are mixed up in hospitals, or in the event of accidents or disasters, or when there is a dispute over proving a child’s lineage, or upon a request from a competent authority

  96. Article 91 — Article (91) Proof of Lineage by the Wife’s Admission

    If the admitter is a married woman, or in her Waiting Period, the child’s lineage to her husband shall not be proven except by his admission in accordance with the conditions mentioned in Article (89) of this Law, or by

  97. Article 92 — Article (92) Inadmissibility of Hearing a Claim of Lineage Denial

    If the lineage is proven in accordance with the provisions of Articles (87), (89), (90) and (91) of this Law, the claim to deny lineage shall not be heard.

  98. Article 93 — Article (93) Denying a Child’s Lineage by Accusation of Adultery

    The husband may not deny the child’s lineage except by an accusation of adultery if the following two conditions are met: 1. The case is filed within (15) fifteen days from the date of his knowledge of the birth. 2. The

  99. Article 94 — Article (94) Hearing Accusation of Adultery Case

    1. If a case of accusation of adultery is filed to deny the child’s paternity, the court shall consider it after conducting a DNA test based on a court order, if the woman agrees to conduct it. 2. If the woman does not a

  100. Article 95 — Article (95) Definition of Alimony

    Alimony is a right for the person entitled to it, and includes necessities and basic needs of food, clothing, housing, medical treatment, and education in accordance with customs.

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