United Arab Emirates

Article 19

Marriage is a contract that legitimates enjoyment between spouses; its aim is protection and forming a steady family under the husband’s care on basis ensuring to the spouses the assumption of its charges with affection and compassion.

Article 20

1- Spouses are bound by the conditions exchanged except those legitimizing the illicit or banning the legitimate.

2- Where the contract of marriage contains a condition that is inconsistent with the foundations of marriage, the contract is void.

3- Where the contract is subject to a condition that is not inconsistent with the foundations of marriage but is in contradiction with its requirements or is considered illicit by law, the condition is void but the contract valid.

4- If neither inconsistent with the foundations of marriage nor in contradiction with its requirements and if not legally banned, the condition is valid and should be fulfilled. In default thereof, the party benefiting of such condition may rescind the marriage, whether he be the husband or the wife, and the former shall be exempted from alimony, payable during the waiting period following the dissolution of marriage, if the defaulter is the wife.

5 – Should any of the spouses conditions in the other a specific attribute but the contrary was revealed, the party requiring such attribute may ask for rescission of the marriage.

6- Disavowal negates the effect of any condition unless it is written in the registered contract of marriage.

7- The right to rescind a contract is foreclosed if forfeited by its owner or if he expressly or impliedly accepts the contrary. Shall be considered an implied acceptance, the lapse of one year following the occurrence of the violation with knowledge thereof and in case of irrevocable divorce.

Article 21

1- As a condition for the binding effect of a marriage, the man must be suitably qualified to deserve the woman, but only at the formation of the contract. The woman and her tutor are entitled to ask for the rescission of the contract on grounds of lack of such qualification. The contract shall not be affected by the disappearance of such qualification thereafter.

2- If the engaged persons are of inadequate age; i.e. the man’s age is double the age of the woman, or more than that, the marriage shall take place only with the consent and knowledge of the parties thereto after securing the authorization of the judge who will withhold it unless there is an interest in such marriage.

Article 29

A male prodigal having attained the age of majority or one whose prodigality accrued later may engage in marriage but the tutor may object to the portion of the dowry in excess of the customary limit. Shall be excepted the foreclosure of financial rights resulting from marriage.

Article 30

The provisions of Article 30 have been replaced by virtue of Article 1 of Federal Decree-Law No. 8/2019 dated 29/08/2019, to read as follows:

1- Capacity to marriage is completed by reason and maturity. The age of maturity is 18 years, completed, unless the person concerned matures earlier in conformity with the law.

2- Whoever legally matures before reaching the age of eighteen shall not marry except in accordance with the regulations issued by a Cabinet decision upon the proposal of the Minister of Justice.

3- Should the person having completed the age of eighteen request marriage but failed to obtain the approval of his tutor, he may refer the matter to the judge.

4- The judge shall fix a period for the tutor, after his notification to appear before him to hear his argument. Should he fail to appear, or his opposition to the marriage is not convincing, the judge shall celebrate the marriage.

Article 31

Whoever gets married, according to Article 30, shall acquire capacity in all what relates to the marriage and its effects, with the exception of forfeiture of his pecuniary rights resulting from marriage.

Article 32

The tutor, in marriage, is the father then the agnates by themselves according to the succession order: son, then brother, then uncle. Should two tutors be equal in degree of kinship, the marriage that was concluded according to the conditions set forth by any of them shall be valid. The one authorized by the engaged female shall apppointed.

Article 33

The tutor must be a male of sound reasoning, fully capacitated, not prohibited on account of pilgrimage and Muslim if tutorship is to be given to a Muslim.

Article 34

Should the most closely related tutor be interruptedly absent, his place of living unknown or impossible to be contacted, tutorship shall pass to the one following him in rank with the judge’s permission and, in case of prevention of marriage, tutorship shall pass to the judge.

Article 35

The judge is the tutor of whoever has no tutor.

Article 38

The elements of a marriage contract are:

1- The two contracting parties (the husband and the Tutor).

2- The Object.

3- Offer and Acceptance.

Article 39

The tutor of the capacitated woman shall proceed with her marriage, with her consent and the religious authorized official shall obtain her signature on the contract.

The contract is invalid in the absence of a tutor. If marriage has been consummated the spouses shall be separated and the affiliation of the born child is established.

Article 54

Mutual rights and obligations between the spouses are:

1- Legitimate mutual enjoyment of each other within what is allowed by law.

2- Lawful cohabitation.

3- Good treatment, mutual respect and compassion and preservation of the family welfare.

4- Care of the children and their education thus assuring upbringing on sound basis.

Article 55

Rights of the wife towards her husband:

1- Alimony.

2- Non-obstruction to complete her education.

3- Non-opposition to visit her ascendants, descendants and brothers.

4- Non-interference with her Personal properties.

5- Non-infliction of bodily or moral prejudice to her.

6- Equitable treatment between her and the other wives, in case the husband has taken more than one wife.

Article 56

The provisions of Article 56 have been replaced by virtue of Article 1 of Federal Decree-Law No. 8 dated 29/08/2019, then they have been replaced once again by virtue of Article 1 of Federal Decree-Law No. 5 dated 25/08/2020, to read as follows:

Rights of the husband towards his wife shall be as follows:

1- Supervising the house and preserving its assets.

2- Suckling his children from her unless there is an impediment.

Article 57

Marriage is either valid or invalid and the latter includes the defective and the void contracts.

Article 58

1- A valid marriage is one in which all basic elements are present, its conditions fulfilled and free of impediments.

2- A valid marriage shall produce its effects upon its formation.

Article 59

1- A defective marriage is one where some of its conditions are missing.

2- A defective marriage does not produce any effect prior to coitus.

Article 61

1- A void marriage is the one where one of its basic elements is defective.

2- Unless otherwise provided by this Law, a void marriage shall not produce any effect.

Article 172

A person shall attain the age of majority when he completes twenty one lunar years of age.

United Arab Emirates. Federal Law No.28 On Personal Status. 2005 – Ministry of Justice –  English (PDF)

Article 1. Definitions

The following words and phrases shall have the meanings indicated alongside, unless otherwise provided for in the context:

Human Trafficking: The recruitment, transportation, transfer or receipt of persons by means of threat or force or other forms of coercion, abduction, fraud, deception, abuse of power or abuse of a position of vulnerability, or of the giving or receiving of payments or benefits in order to gain the consent of a person having control over another person for the purpose of exploitation.

Exploitation: Exploitation shall include all forms of sexual exploitation, exploitation of the prostitution of others, forced labor or services, slavery or similar practices to slavery, servitude or removal of organs.

Article 2. Punishments

Temporary confinement shall be sentenced onto those committing the crime of human trafficking stipulated in Article “1” of this law, for a period of not less than five years.

The sentence of life in prison shall be passed for any of the following:

1) If the perpetrator has organized, planned or operated an organized criminal group, or assumed leadership or called for others to join the group.

2) If the victim is a female, child or handicapped.

3) If the crime is committed by way of fraud or use of force or threat of lives or grave

injury or physical or mental torture.

4) If the act is committed by two or more persons or by an armed person.

5) If the perpetrator is a member of an organized criminal group or had participated in acts committed by this group with knowledge of its purposes.

6) If the perpetrator is a victim’s spouse, relative, sibling or guardian or someone having authority over.

7) If the perpetrator is a public official or assigned to carry out public service.

8) If the crime is of a Transnational nature.

Article 3

Imprisonment for a period of not less than one year, not exceeding five, in addition to a penalty of not less than Five Thousand Dirhams, not exceeding Twenty Thousand Dirhams or either of the above mentioned penalties, shall be imposed on anyone who has knowledge of an attempt to commit any of the crimes stipulated in this law, and not notifying the competent authorities. Pardoning of punishment of this penalty may be possible if the person refraining from reporting the crime was a spouse to the perpetrator, a relative or sibling.

Article 8

1) Punishment for the attempt to commit crimes stated in this law, shall be the same punishment imposed for the commission of the crimes.

2) It shall be considered an actor anyone who commits crimes stated in Articles 2, 4, 5 and 6 of this law by those participating in the crime in their capacity as direct accomplices, causers or participants with the knowledge of transporting or harboring persons victimized by any of the human trafficking crimes or the withholding of related documents as a means of exercising coercion upon them.

Federal Law on Combating Trafficking in Human Beings No. 51 of 2006 – SHERLOC – English and Arabic (PDF)