Federal Decree-Law No. (41) of 2024 Regarding the Issuance of the Personal Status Law

► The Government of the United Arab Emirates has issued Federal Decree-Law No. (41) of 2024 concerning the Personal Status Law. This law is comprehensive and up-to-date with current and emerging issues, and its procedures are characterized by ease and flexibility.

 

► Key Provisions of this Decree:

• The judge has the authority to rule according to Islamic Sharia without being bound to a specific school of thought but may choose the most appropriate ruling based on what serves the public interest if no provision is found in the law.

 

• If there is no provision in the law or in the Islamic Sharia, the judge will rule based on custom, provided that it does not contradict the rulings of Islamic Sharia, public order, or public morals.

 

• The Gregorian calendar is adopted for durations unless stated otherwise.

 

• The provisions of the law apply to non-citizens unless one of them insists on applying their own law or any other law that has been agreed upon, as permitted by the applicable legislation in the country.

 

• Article 16, which required the referral of a case to the Family Guidance Committee for the supervising judge’s assessment and the referral of the case to the Family Reform and Guidance Center before presenting the case to the competent court, has been cancelled. However, exceptions to the referral to the Family Reform and Guidance Center are:

1.Matters related to wills, inheritance, and similar issues.

2.Urgent and time-sensitive lawsuits.

3.Urgent and time-sensitive orders related to alimony, custody, and guardianship.

4.Cases where reconciliation is not possible (such as proving marriage or divorce).

5.The deadline for appealing by way of cassation or appeal is 30 days.

6.The return of gifts in case of withdrawal from the engagement, provided that the gifts were conditional upon the completion of the marriage, and the return of gifts whose value exceeds 25,000 dirhams.

7.The non-requirement of a guardian for the marriage of a non-citizen Muslim woman if her nationality law does not require it.

8.The retroactive application of this law in cases of divorce, its certifications, and cases of proving or denying paternity.

 

• The marriage of a fiancée who is a virgin and where the age difference between the couple exceeds 30 years cannot be concluded except with the court’s permission.

 

• This decree defines the categories that are allowed to reside in the marital home. The husband may allow his wives to live in the same building, provided each has a near-complete degree of independence.

 

• The law obligates the husband to document the divorce within a maximum period of 15 days from the date of its occurrence. If the documentation is not completed without justification, the wife has the right to compensation equivalent to alimony from the date of the divorce until it is documented.

 

• The law requires the documentation of reconciliation within a maximum period of 15 days from the date of reconciliation.

 

• The duration of arbitration between the spouses is set to a maximum of 60 days.

 

• The law defines Khula (a type of divorce initiated by the wife) as separation, contrary to the previous law which defined it as a contract.

 

• The law regulates the divorce lawsuit for abandonment, drug abuse, or intoxicants.

 

• The law gives the husband a grace period to pay the dowry within a maximum of 30 days from the date of the obligation to pay. If the period expires, the wife is entitled to annulment.

 

• In cases of divorce due to non-provision of support, the husband is given a period not exceeding 30 days. If this period ends without justification, the wife is granted a divorce.

 

• In case of claiming insolvency, the husband is given a period not exceeding 90 days, and if the period ends, the court will issue a divorce with minor repudiation.

 

• If the claim of non-provision is repeated more than twice, the judge will divorce her with an irrevocable divorce.

 

• In a claim for divorce due to the husband’s absence, the wife may request divorce if the husband has been absent for no less than 6 months. The court will only grant the divorce after notifying the husband, with a notification period not exceeding 180 days from the date of the notice.

 

• Concerning the denial of parentage through li’an, the following conditions apply:

1.The claim must be submitted within 15 days from the date of learning about the birth.

2.No acknowledgment of paternity, either explicitly or implicitly, should have been made prior to the denial.

 

• If the alimony is increased, the judgment does not apply retroactively for more than 6 months from the date of the ruling.

 

• Claims for spousal maintenance will not be heard for any period exceeding two years before the date the claim is filed.

 

• Regarding child support, the father’s obligation to provide for his daughter continues until she either marries or becomes employed.

 

• The period for declaring someone lost is as follows:

 

•Under normal circumstances, where death is unlikely, the period is one year from the date of reporting the disappearance.

 

•In circumstances where death is more probable, the period is three months from the date of reporting the disappearance.

 

•The child who reaches the age of 15 has the right to choose which parent to live with. Custody ends when the child reaches the age of 18.

 

•A will is valid even in cases where there is a difference in religion between spouses, relatives, or others.

 

•If the will includes provisions for something the beneficiary cannot own, the court may decide that the beneficiary’s right is transferred to the equivalent amount or value of the property.

 

•In cases where there is no heir, the estate will be treated as charitable endowment, under the supervision of the relevant authorities and with the approval of the competent court.

 

•The need to document the division of the estate before the relevant authority.

 

•Introduction of Penalties for the Commission of the Following Acts:

1.Assaulting the property of minors.

2.Traveling with a child under custody without the permission of the guardian.

3.Concealing, damaging, or fraudulently taking any property from the estate, even if the person is an heir.

4.Abusing, assaulting, neglecting, refusing to care for, or abandoning the parents without proper care.

5.Failing to provide maintenance for the parents when such maintenance is legally required.