Federal Decree-Law No. (41) of 2024 on the Promulgation of the Personal Status Law
This Federal Decree-Law promulgates the comprehensive Personal Status Law of the United Arab Emirates, governing general provisions, jurisdictional rules, engagement, marriage, dissolution, waiting periods, parentage, maintenance, custody, guardianship, wills, estates, and penal sanctions.
At a glance
The one-minute summary
- Application to Muslim and non-Muslim UAE citizens with opt-out mechanisms for personal religious laws, and application to expatriates unless foreign law is invoked.
- Comprehensive framework for betrothal and marriage, establishing the minimum age of capacity at 18 Gregorian years with strict judicial exceptions.
- Detailed provisions on forms of separation including Talaq, Khul', and judicial divorce (Tatleeq) for defects, harm, desertion, or non-maintenance.
- Defined durations for Iddah, and methods of establishing parentage through birth, acknowledgment, evidence, DNA testing, or Lian.
- Comprehensive rules on maintenance obligations, marital residence, educational guardianship, child custody priority, and travel restrictions.
- Regulation of legal capacity, financial guardianship, curatorship, administration of minors' and missing persons' estates, and grounds for stripping authority.
- Detailed statutory provisions for voluntary and obligatory wills (Wasiyyah Wajibah), inheritance shares (Ashab al-Furudh, Asabah, and Dhawee al-Arham), and estate settlements (Takharuj).
- Imposition of criminal penalties of imprisonment and fines up to AED 100,000 for misappropriation of minors' property, estate fraud, unauthorized travel with wards, and parental neglect.
Issuing Decree, General Provisions, Jurisdiction, and Betrothal
Issuing Decree, General Provisions, Jurisdictional Rules, and Betrothal
Provisions of the Issuing Decree
The President of the United Arab Emirates issued Federal Decree-Law No. (41) of 2024 concerning the Promulgation of the Personal Status Law. Article 1 provides that the accompanying law applies to all matters covered therein; in the absence of a specific provision, rulings are derived from Islamic Sharia in alignment with the best interests, followed by customary practice not conflicting with Islamic Sharia, public order, or morals. Article 2 applies civil procedures, evidence, and civil transactions laws where no specific provision exists.
Article 3 mandates the Federal Judicial Council and local judicial authorities to issue regulatory bylaws and guidelines (such as certifications, case management, marriage solemnizers, estates, family guidance, and child custody visitation), authorizing the Cabinet to assign alimony collection and visitation enforcement to specialized entities. Article 4 repeals Federal Law No. (28) of 2005, and the law enters into force six months following publication.
Chapter One: General Provisions and Jurisdiction
Articles (1–10) govern applicability and court jurisdiction:
Scope of Application (Article 1): Applies to UAE citizens if either party is Muslim; to non-Muslim citizens unless governed by distinct denomination rules or an alternative permitted law; and to non-citizens unless foreign law application is invoked. It applies retrospectively to ongoing divorce and paternity claims without a final judgment.
Computation of Time (Article 2): The Gregorian calendar is adopted.
Court Jurisdiction (Articles 3 & 4): State courts have jurisdiction over citizens and foreigners residing or working in the UAE, detailing territorial venue rules and proceedings against non-resident foreign nationals.
Judicial Allocation, Petitions, and Appeals (Articles 5–10): Separates the jurisdiction of personal status judges from probate/estate judges, establishes summary petition procedures with a one-week grievance period, mandates family guidance referrals (excluding estates and urgent matters), and sets a 30-day appeal/cassation deadline.
Chapter Two: Betrothal (Engagement)
Article 11 defines betrothal as a mutual promise of marriage that does not constitute marriage itself; both parties retain the right to withdraw (Article 12). Items provided are deemed gifts unless proven to be mahr (Article 13). Under Article 14, gifts conditional on marriage and valuable gifts exceeding AED 25,000 are refundable upon withdrawal unless consumable, with no recovery upon death. Article 15 details rules for recovering advance dowry or furniture purchased therewith depending on the party responsible for the termination.