UAE's New Personal Status Law: Strengthening Rights and Responsibilities


The UAE Cabinet has enacted a groundbreaking family status law, addressing key issues with a focus on rights, responsibilities, and fairness. Among its provisions, the law sets 18 years as the minimum marriage age, ensuring protection for minors. It also introduces new rules for recovering engagement-related gifts and dowries, allowing the reclamation of high-value or conditional gifts exceeding Dh25,000, with compensation possible if the items are unavailable or consumable.

Women’s rights take center stage in the revised law. Courts can now transfer marriage guardianship if a guardian unjustly refuses consent, ensuring women can marry with their choice. Additionally, non-citizen Muslim women are exempted from requiring guardian approval for marriage if their national law does not mandate it. Judges also gain flexibility to issue rulings based on Islamic law in the absence of specific provisions, prioritizing public interest over rigid adherence to particular schools of thought.

The law outlines marital rights with greater clarity, mandating that divorces or reconciliations be documented within 15 days. Failure to comply grants the wife the right to compensation equivalent to alimony. Grounds for divorce have been expanded, allowing separation due to a spouse’s addiction to narcotics or intoxicants. To expedite resolution, the arbitration period in divorce cases has been reduced from 90 to 60 days.

Child custody provisions have undergone significant amendments to prioritize the child’s best interests. The custody age has been extended to 18 years for both boys and girls, and children aged 15 and above can choose their preferred parent for residence. In cases involving non-Muslim mothers, the court now holds the discretion to decide based on the child’s welfare, eliminating previous restrictions that ended custody at age five.

Strict penalties underscore the law’s commitment to family welfare. Offences such as the assault on minors’ property, unauthorized travel with a child, and neglect of parental care can lead to fines up to Dh100,000 or imprisonment. By addressing long-standing gaps, the new family status law reflects the UAE’s dedication to promoting justice, protecting vulnerable individuals, and fostering harmony within families.

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Adv.Aji Kuriakose / About Author

Adv. Aji Kuriakose is a well known Advocate presently working as a legal consultant in Dubai.

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