There are certain key legal requirements that are to be met in order for a Muslim marriage to be recognized as a valid marriage in the UAE. The major requirements are as follows:
- A marriage contract has to be registered in a Sharia Court in the UAE.
- The requirements towards the legal age of marriage are to be met. The legal age for a Muslim marriage is 18 Hijri years.
- If the minimum age for the marriage is not met, special approval from the judge must be obtained in prior.
- Similarly, it is required that the age for spouse should not have more than twice the age of the other person. If this is so, then also, the parties must obtain special approval prior from the judge before the marriage.
- The procedures towards 'premarital screening' should be complied and such a certificate should be obtained.
- For the marriage, the attendance of the bride's father or his legal proxy is mandatory, along with the presence of two Muslim male witnesses.
For the marriage to be valid, the attendance of the couple is mandatory.
- It is mandatory for the woman to obtain the consent of her legal guardian for the marriage.
- When the father of the bride is deceased, then the legal guardian would be the closest male kin, which is usually the elder brother, and his presence is mandatory for the marriage.
- For the validity of the re-marriage of a divorced or widowed woman, it is essential that the proof of status document is produced.
- There are certain instances wherein the specific 'no -objection certificate is required as well. This includes an instance wherein the bride is Muslim, and her father is a non-Muslim. In such a case, a 'No-objection certificate' is required to be submitted from the bride's embassy or consulate.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
