Couples should consult legal or religious experts familiar with UAE Islamic family law to ensure compliance
Shulka S. Chavan
Published on April 22, 2024, 09:09:30
In the UAE, Islamic marriages are governed by Sharia law, and specific legal requirements must be met for a marriage to be considered valid under Islamic law.
Here are the key legal requirements for conducting an Islamic marriage in the UAE.
Consent: Both parties must freely consent to the marriage without coercion or duress. Consent is fundamental for the validity of the marriage contract.
Offer and Acceptance (Ijab wa Qabul):The marriage contract (Nikah) is established through an offer from one party and acceptance from the other. This offer and acceptance must occur in the presence of witnesses and with the intention of marriage.
Mahr: The groom must offer a Mahr (dowry) to the bride as a symbol of his commitment and financial responsibility. The Mahr is agreed upon by both parties and is given to the bride as her exclusive property.
Wali (Guardian): The bride must have a Wali (guardian) who acts on her behalf during the marriage contract negotiations and ceremony. The Wali is typically the bride's father, but if he is unavailable, another male relative or a designated Islamic authority may act as her Wali.
Presence of Witnesses: The marriage contract must be witnessed by two male witnesses or one male and two female witnesses who are of sound mind and have reached the age of maturity (puberty).
Announcement: The marriage contract may be publicly announced to ensure transparency and acknowledgment within the community.
Registration: While not mandatory under Islamic law, couples may choose to register their marriage with the relevant authorities for legal recognition and documentation purposes.
It's important to note that while Islamic marriages are recognised under Sharia law in the UAE, couples may also need to fulfill additional legal requirements for civil registration and documentation purposes, particularly for matters such as inheritance, guardianship and spousal rights.
It's advisable for couples to seek guidance from legal experts or religious authorities familiar with Islamic family law in the UAE to ensure compliance with all legal requirements.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
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