The Act is the first civil law in the Emirates to address non-Muslim family issues. Non-Muslims are allowed to wed, get divorced, and share custody of their kids in Abu Dhabi under civil law. It suggests that they have access to do so throughout the nation.
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Previously, non-Muslim residents of the UAE had to be married at the embassy or consulate of their home nation. The objective of this action, according to the Abu Dhabi Court Department, is to make it simpler for non-Muslims to resolve their personal status problems through an adaptable and sophisticated judicial system. As a result, anyone looking to live and work there will find the Emirate even more alluring.
What is the Non-Muslim Personal Status Law?
Sheikh Khalifa bin Zayed al-Nahayan, president of the United Arab Emirates, signed the Personal Status Law for Non-Muslims. The legislation governing civil marriage for non-Muslims is the first law in the United Arab Emirates to address non-Muslim family issues. The act is meant to grant non-Muslims the freedom to follow “internationally recognised law” in terms of customs, culture, and language as well as to protect the best interests of their children, according to the Abu Dhabi Judicial Department.
The first of its kind in the Gulf states, where Islamic Sharia law governs civil unions and divorce proceedings for non-Muslims. In Abu Dhabi, the new law would extend to civil unions and divorces for non-Muslims.
Distinct Courts
According to the new law, the Judicial Department will set up courts for non-Muslim family disputes that will function in Arabic and English in order to make the legal system more transparent and to make it easier for foreigners to comprehend.
Structure of Civil Law
The law, which addresses civil marriage, divorce, child custody, and inheritance, is made up of twenty Articles that are divided into five chapters, according to the Abu Dhabi Judicial Department (ADJD).
- The first chapter of the new legislation changes the procedure for foreigners getting married by introducing the idea of a civil union taking place at the mutual request of the husband and wife.
- The rules for non-Muslim divorce processes are laid forth in the second chapter, together with information on the rights of divorced couples and a divorced woman’s financial rights. A court would decide a wife’s financial entitlements upon separation based on elements including the length of the marriage, the wife’s age, and each spouse’s financial situation.
- Child custody following divorce is covered in chapter three. It creates the idea of joint custody, in which a child has equal custody between a mother and a father. The major idea behind the Law is to keep the family together after divorce and to protect the mental health of the kids.
- The fourth chapter outlines inheritance laws, mandates the registration of non-Muslim wills, and grants foreigners the freedom to make wills and leave their property to whoever they choose.
- The fifth chapter of the law deals with the proof of paternity for non-Muslim immigrants, “given that the paternity of the newborn child is proved by marriage or recognition of fatherhood.”
What aspects of Abu Dhabi’s legislation governing non-Muslims have changed?
According to Sharia law, the bride and groom must both be Muslims or the groom must be a Muslim and the bride must be a Christian. Muslim men are permitted to wed non-Muslim women, but the opposite is not allowed.
- The bride’s Guardian is not obliged to provide permission.
- The new legislation mandates that the marriage be purely between the man and woman and does away with the requirement of the bride’s Guardian’s consent.
- Any spouse may file for divorce, and non-Muslims do not need to show that the civil marriage was abusive. In the past, proof of physical harm was required to obtain a divorce (According to Khaleej Times).
Divorce Grant:
Before, after filing for divorce, spouses had to go to the Family Guidance office, where a court-appointed conciliator made an effort to patch things up. Nowadays, divorces can be granted right away without going through these drawn-out processes.
Sharing of joint and equal custody of children
In the past, the mother was given custody while the father was named as the child’s Guardian, even though current law allows both spouses to have joint custody and equally divide custody following divorce (to provide financial support). Because parents in the UAE do not share equal parenting responsibilities for their children, custody and guardianship are two independent issues that must be settled separately, according to the prior law.
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