Legislation Details
- Full Title: Cabinet Resolution Regarding Controls of Marriage for Those Who Have Attained Puberty Before the Age Of 18
- Law Type: Cabinet Resolution
- Law Number: No. (71) Of 2020
- Issued Date: 27 Oct 2020
- Effective Date: 29 Oct 2020
- Official Gazette: No. 689
- Sector: Family and Community
- Status: Active
- Number of Articles: 20
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution regulates the process for granting marriage permission to individuals who have attained puberty before the age of 18 in the United Arab Emirates. It establishes a committee to review such applications and sets out specific criteria and controls that must be satisfied before marriage permission can be granted by the court. The resolution aims to protect the rights and wellbeing of young individuals entering into marriage, while also upholding traditional values and norms. It is an important piece of legislation for families, legal practitioners, and government authorities dealing with early marriage cases in the UAE. (Cabinet Resolution Regarding Controls of Marriage for Those Who Have Attained Puberty Before the Age Of 18, 2020, Art. 1-9)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to regulate the process for granting marriage permission to individuals who have attained puberty before the age of 18 in the UAE. It applies to both UAE national citizens and non-nationals, unless the non-Muslims among them have particular provisions for their own religious creeds and sects, or the non-nationals choose to apply the law of their own state. (Cabinet Resolution Regarding Controls of Marriage for Those Who Have Attained Puberty Before the Age Of 18, 2020, Art. 2) The purpose of the law is to establish controls and criteria that must be satisfied before marriage permission can be granted to those who have attained puberty before the age of 18. This is to ensure the protection of the rights and wellbeing of young individuals entering into marriage, while also upholding traditional values and norms. (Cabinet Resolution Regarding Controls of Marriage for Those Who Have Attained Puberty Before the Age Of 18, 2020, Art. 3-8)
What are the key definitions under this law?
The key definitions under this law are:
- The State: The United Arab Emirates
- The Court: Sharia Court of First Instance or the Personal Status Chamber, as the case may be
- President of the Court: President of Sharia Court of First Instance or of the Personal Status Chamber, as the case may be
- The Committee: The committee to be formed under a resolution of the Minister of Justice or the President of the local judicial body, as the case may be, in accordance with the provisions of this Resolution
- Medical Committee: The competent medical committee formed under a resolution of the Minister of Health and Prevention and which is provided for in Article (27) of Federal Law No. (28) of 2005 on Personal Status
(Cabinet Resolution Regarding Controls of Marriage for Those Who Have Attained Puberty Before the Age Of 18, 2020, Art. 1)
What are the main obligations and requirements?
The main obligations and requirements under this law are: 1. Marriage permission shall be granted to whoever attains puberty before the age of 18 years, subject to satisfying the controls stipulated in the resolution. (Cabinet Resolution Regarding Controls of Marriage for Those Who Have Attained Puberty Before the Age Of 18, 2020, Art. 3) 2. A committee shall be formed to consider the marriage permission application, meet the fiancé and fiancée, and draw up a report on whether it is appropriate to grant or reject the marriage permission. (Cabinet Resolution Regarding Controls of Marriage for Those Who Have Attained Puberty Before the Age Of 18, 2020, Art. 4) 3. The committee must ensure that specific controls are satisfied, including obtaining medical certificates, ensuring the fiancée's consent, verifying the fiancé's ability to perform marital duties and provide for the couple, and assessing the overall compatibility and potential impact of the marriage. (Cabinet Resolution Regarding Controls of Marriage for Those Who Have Attained Puberty Before the Age Of 18, 2020, Art. 6) 4. The committee must submit its report to the President of the Court, who will then issue a decision to permit or reject the marriage application. (Cabinet Resolution Regarding Controls of Marriage for Those Who Have Attained Puberty Before the Age Of 18, 2020, Art. 7-8)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcing this law are: 1. The Minister of Justice or the President of the local judicial body, who are responsible for forming the committee to review marriage permission applications. (Cabinet Resolution Regarding Controls of Marriage for Those Who Have Attained Puberty Before the Age Of 18, 2020, Art. 4) 2. The committee, which is tasked with reviewing the marriage permission applications, meeting the fiancé and fiancée, and preparing a report for the President of the Court. (Cabinet Resolution Regarding Controls of Marriage for Those Who Have Attained Puberty Before the Age Of 18, 2020, Art. 4-7) 3. The President of the Sharia Court of First Instance or the Personal Status Chamber, who is responsible for issuing the final decision to permit or reject the marriage application based on the committee's report. (Cabinet Resolution Regarding Controls of Marriage for Those Who Have Attained Puberty Before the Age Of 18, 2020, Art. 8) 4. The Medical Committee, which is responsible for providing the medical certificates required under the law. (Cabinet Resolution Regarding Controls of Marriage for Those Who Have Attained Puberty Before the Age Of 18, 2020, Art. 6)
When did this law come into effect?
This Cabinet Resolution was issued on 27 October 2020 and came into effect on 29 October 2020, the day following its publication in the Official Gazette No. 689. (Cabinet Resolution Regarding Controls of Marriage for Those Who Have Attained Puberty Before the Age Of 18, 2020, Art. 9)
Source Documents
This article analyses Cabinet Resolution Regarding Controls of Marriage for Those Who Have Attained Puberty Before the Age Of 18 for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.