Legislation Details
- Full Title: Federal Decree-Law On the Issuance of the Personal Status Law
- Law Type: Federal Decree-Law
- Law Number: [no number provided]
- Issued Date: 01 Oct 2024
- Effective Date: 15 Apr 2025
- Official Gazette: No. 785
- Sector: Family and Community
- Status: Active
- Number of Articles: 521
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Decree-Law establishes the Personal Status Law in the United Arab Emirates. The law regulates all matters related to personal and family affairs, including engagement, marriage, divorce, lineage, alimony, custody, guardianship, inheritance, and wills. The law aims to provide a comprehensive legal framework for governing personal and family relationships in the UAE, in accordance with Sharia principles. (Federal Decree-Law On the Issuance of the Personal Status Law, 2024) The Personal Status Law is a significant piece of legislation that impacts the daily lives of UAE residents. It establishes the rights and obligations of individuals within the family unit, and provides mechanisms for resolving disputes and managing inheritance. The law's detailed provisions cover a wide range of personal and family-related matters, making it an essential reference for lawyers, businesses, and individuals navigating the UAE's legal landscape. (Federal Decree-Law On the Issuance of the Personal Status Law, 2024)
What is the scope and purpose of this law?
The scope of the Personal Status Law is defined in Article 1, which states that the law's provisions shall apply to "all matters covered by the articles therein contained." The law regulates personal and family affairs, including engagement, marriage, divorce, lineage, alimony, custody, guardianship, inheritance, and wills. (Federal Decree-Law On the Issuance of the Personal Status Law, 2024, Art. 1) The purpose of the law is to provide a comprehensive legal framework for governing personal and family relationships in the UAE, in accordance with Sharia principles. The law aims to establish the rights and obligations of individuals within the family unit, and to provide mechanisms for resolving disputes and managing inheritance. (Federal Decree-Law On the Issuance of the Personal Status Law, 2024, Art. 1)
What are the key definitions under this law?
The law provides several key definitions:
- Engagement: Defined in Article 11 as a "promise to marry."
- Marriage: Defined in Article 16 as a "contract between a man and a woman, the purpose of which is to establish a family and have children."
- Divorce: Defined in Article 53 as the "dissolution of the marriage contract."
- Khula': Defined in Article 65 as the "wife's redemption of herself from her husband in exchange for a consideration."
- Custody: Defined in Article 112 as the "care and upbringing of the child."
- Guardianship: Defined in Article 125 as the "care and management of the minor's person and property."
- Will: Defined in Article 171 as a "disposition of property that takes effect after the death of the testator."
- Estate: Defined in Article 200 as the "entirety of the deceased's property and rights."
(Federal Decree-Law On the Issuance of the Personal Status Law, 2024, Arts. 11, 16, 53, 65, 112, 125, 171, 200)
What are the main obligations and requirements?
The Personal Status Law imposes several key obligations and requirements: 1. Eligibility requirements for marriage, including age, mental capacity, and lack of prohibited degrees of kinship or affinity (Arts. 19-32). 2. Conditions for the validity of the marriage contract, such as the presence of a guardian, witnesses, and the offer and acceptance (Arts. 25-27). 3. Obligations of spouses, including the wife's right to refuse intercourse and move into the marital home, and the husband's duty to provide maintenance (Arts. 49-51). 4. Procedures for divorce, including the husband's right to divorce, the wife's right to seek divorce through khula', and the court's power to revoke the marriage contract (Arts. 52-80). 5. Obligations regarding the waiting period (iddah) after divorce or the death of a spouse (Arts. 81-86). 6. Duties of guardians and trustees in managing a minor's person and property (Arts. 125-158). 7. Requirements for the execution of a valid will, including the testator's capacity and the will's conformity with Sharia principles (Arts. 171-199). (Federal Decree-Law On the Issuance of the Personal Status Law, 2024, Arts. 19-32, 49-51, 52-80, 81-86, 125-158, 171-199)
What licensing, registration, or approval requirements exist?
The law does not specify any licensing, registration, or approval requirements. It focuses on the substantive legal provisions governing personal and family matters, rather than administrative procedures.
What rights and protections does this law provide?
The Personal Status Law provides several key rights and protections: 1. The wife's right to refuse intercourse and move into the marital home (Art. 50). 2. The wife's right to seek divorce through khula' (Arts. 65-68). 3. The right of the wife and her guardian to request revocation of the marriage contract due to non-equivalency (Arts. 43-44). 4. The right of the minor to hold the tutor accountable for the management of their property (Art. 145). 5. The right of the testator to attach conditions to their will (Art. 178). 6. The right of the devisee to accept or reject the will (Arts. 186-187). (Federal Decree-Law On the Issuance of the Personal Status Law, 2024, Arts. 50, 65-68, 43-44, 145, 178, 186-187)
Which authorities or bodies are responsible for enforcement?
The law does not explicitly establish any specific authorities or bodies responsible for enforcement. However, it does mention the role of the courts in various contexts: 1. The competence of the Personal Status Judge and the Estate Judge (Art. 5). 2. The court's power to grant permits or approvals in certain circumstances (Art. 6). 3. The court's role in directing the dispute in cases of a claim for a missing person's judgment (Art. 7). 4. The court's power to appoint a tutor to manage the property of an absent or missing person (Art. 168). 5. The court's monitoring of the tutor's actions in managing a minor's property (Arts. 143-144). (Federal Decree-Law On the Issuance of the Personal Status Law, 2024, Arts. 5, 6, 7, 168, 143-144)
What are the penalties for non-compliance?
The law does not specify any penalties for non-compliance. It focuses on the substantive legal provisions governing personal and family matters, rather than enforcement mechanisms or sanctions.
What fees, charges, or financial provisions are specified?
The law does not mention any specific fees, charges, or financial provisions. It does not appear to regulate financial aspects beyond the obligations related to alimony, maintenance, and the management of a minor's property.
What exemptions or exceptions apply?
The law does not provide any explicit exemptions or exceptions. It appears to apply broadly to all personal and family matters in the UAE, without any specified exclusions.
How are disputes resolved under this law?
The law does not specify detailed dispute resolution mechanisms. However, it does mention the following: 1. The competence of the Personal Status Judge and the Estate Judge in handling relevant cases (Art. 5). 2. The court's power to appoint arbitrators to investigate the causes of discord between spouses and provide a report (Arts. 72-74). 3. The court's role in revoking the marriage contract due to disease, harmful defect, or damage (Arts. 69-71). (Federal Decree-Law On the Issuance of the Personal Status Law, 2024, Arts. 5, 72-74, 69-71)
What are the key deadlines and time limits?
The law specifies several key deadlines and time limits: 1. The duration for appeals and cassation of judgments (Art. 9). 2. The commencement of the duration of appeal (Art. 10). 3. The waiting period (iddah) after divorce or the death of a spouse (Arts. 81-86). 4. The time limit for the testator to accept or reject a will (Arts. 186-187). (Federal Decree-Law On the Issuance of the Personal Status Law, 2024, Arts. 9, 10, 81-86, 186-187)
How does this law interact with other UAE legislation?
The law does not explicitly mention any other UAE legislation that it interacts with or amends. However, it states that if the judge does not find a provision in the law, they shall render a judgment in conformity with Sharia law, and may also refer to custom, provided it does not contradict Sharia, public order, or public morality (Art. 1). (Federal Decree-Law On the Issuance of the Personal Status Law, 2024, Art. 1)
When did this law come into effect?
According to the metadata provided, the Federal Decree-Law on the Issuance of the Personal Status Law was issued on 01 Oct 2024 and became effective on 15 Apr 2025. The law was published in the Official Gazette No. 785. (Federal Decree-Law On the Issuance of the Personal Status Law, 2024)
Source Documents
This article analyses Federal Decree-Law On the Issuance of the Personal Status Law 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.