The General Rules of Marriage

The **General Rules of Marriage** in the United Arab Emirates form the cornerstone of regulating family relationships, blending Islamic Sharia as an ethical framework with **Federal Law No. 28 of 2022 on Personal Status** as a legal reference. Marriage is a central social and religious institution in Emirati culture, defining family formation, the rights and obligations of spouses, and the conditions for contract validity and nullity. These rules aim to ensure family stability, protect both parties from legal or religious violations, while respecting social and ethical interests.

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### **Definition of Marriage Contract under UAE Law**

Under UAE law, as per Federal Law No. 28 of 2022 on Personal Status, a marriage contract is defined as a "personal agreement between a man and a woman concluded in the presence of a judge or judicial officer, and becomes valid upon the explicit consent of both parties." The [General Rules of Marriage](https://www.alazemlegal.com/blog/الأحكام-العامة-للزواج/) form the foundation of this contract, governing:

* **Legal formalities** : The contract must be notarized in the presence of witnesses (typically two males or one male and one female witness), with official registration in government records.
* **Contractual terms** : Includes details such as the names of the spouses, marriage date, **dowry (mahr)** , and maintenance obligations.
* **Religious obligations** : Such as the husband’s duty to provide for his wife, and her right to the **dowry** .

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### **Essential Requirements for a Valid Marriage Contract**

For a marriage contract to be legally valid, the following conditions must be met:

1. **Free Will** :
* The contract must be entered into voluntarily, without coercion or deception.
* Any threat or manipulation (e.g., threats of eviction) violates this requirement, leading to contract nullity.
2. **Legal Age** :
* **Minimum age** :
* Husband: 18 years (judicial approval may be granted for those under 18 with parental and court consent).
* Wife: 16 years (judicial approval is also required to ensure maturity).
3. **No Religious Barriers** :
* Forbidden relationships (e.g., parent-child, siblings, or grandparents).
* Prior marriage without legal dissolution.
4. **Witnesses** :
* Two legally recognized witnesses must be present, with verified identities to validate the contract.

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### **Rights and Duties of Spouses Under the General Rules of Marriage**

The **General Rules of Marriage** outline mutual rights and obligations:

#### **Rights of the Husband** :

* **Conjugal rights** : Legally protected, with prohibitions against coercion or neglect.
* **Maintenance** : The husband must provide housing, food, and essential services, considering his financial capacity.
* **Respect for the wife** : Physical or verbal abuse is prohibited, with legal recourse for violations.

#### **Rights of the Wife** :

* **Dowry (Mahr)** : Specified in the contract, enforceable through courts if unpaid.
* **Maintenance** : Entitlement to financial support from her husband, even without a dowry.
* **Residence** : Right to suitable housing matching her social status.

#### **Shared Obligations** :

* **Financial responsibilities** : Paying maintenance and settling shared debts.
* **Child-rearing** : Raising children according to Islamic values, prioritizing the child’s welfare.
* **Joint household management** : Collaborative decision-making on living arrangements.

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### **Cases of Marriage Nullity Under UAE Law**

Certain conditions render the **General Rules of Marriage** inapplicable, leading to contract nullity, including:

1. **Lack of Free Will** :
* Marriage under the influence of drugs or material coercion.
2. **Bigamous Marriage** :
* Marrying a woman while already legally married, classified as "adultery" under UAE law, with criminal penalties including imprisonment.
3. **Prohibited Unions** :
* Same-sex marriage or marriages between blood relatives forbidden by Sharia.
4. **Non-Compliance with Requirements** :
* Absence of witnesses or underage marriage without judicial approval.

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### **Integration of Legal and Sharia Principles**

The **General Rules of Marriage** in the UAE harmonize Islamic Sharia with modern legislation:

* **Dowry (Mahr)** : Agreed upon in the contract, enforceable via court arbitration in disputes.
* **Polygamy** : Permitted only with judicial approval, requiring fairness between wives and written notice to the first wife.
* **Divorce** : Regulated through mutual consent or court proceedings, with emphasis on the child’s interests.

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### **Legal Services Offered by Al Izam Legal Consultancy**

[Al Izam Legal Consultancy](https://www.alazemlegal.com/) provides specialized services in **General Marriage Rules** , including:

1. **Drafting Valid Marriage Contracts** :
* Ensuring compliance with legal requirements (age, witnesses, free will).
* Adding protective clauses (e.g., child custody, financial arrangements).
2. **Resolving Family Disputes** :
* Mediating conflicts over maintenance or child custody.
3. **Legal Defense in Court** :
* Advocating for spousal rights in dowry or maintenance disputes.
4. **Pre-Marriage Counseling** :
* Educating couples on legal rights and obligations.
5. **Nullity Proceedings** :
* Proving grounds for nullity (e.g., coercion, prior marriage).
6. **Divorce Guidance** :
* Facilitating legal dissolution via mutual agreement or court.

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### **Conclusion**

The **General Rules of Marriage** in the UAE are a comprehensive framework blending Islamic principles and modern law to ensure family stability. While they provide clarity, complexities may arise, making legal expertise essential. Al Izam Legal Consultancy serves as a trusted partner in navigating these rules, offering tailored solutions to protect rights and uphold legal standards. For specialized advice, contact the office for professional support.