Family Law in the UAE
Abstract
Family law in the UAE is governed by three main legislations: Federal Decree Law No. 41 of 2024 for Muslims, Federal Decree Law No. 41 of 2022 for non-Muslims outside Abu Dhabi, and Abu Dhabi Law No. 14 of 2021 for non-Muslims within Abu Dhabi. Among the most important aspects regulated under these laws are gifts during engagement, betrothal rights, dowry obligations, and the wife’s entitlement to financial security. The Federal Personal Status Law outlines provisions for the return of gifts if engagements are terminated, dowry limits, postponement of dowry payments, and the wife’s right to refuse moving into the marital home until her dowry and proper housing are secured. This article highlights the legal differences between Muslim and non-Muslim family law in the UAE, emphasizing the crucial role of dowry in Muslim marriages.
In the UAE, family law is governed by three main legislations: Federal Decree Law No. 41 of 2024 (the Personal Status Law for Muslims across the country), Federal Decree Law No. 41 of 2022 (applicable to non-Muslims outside Abu Dhabi), and Abu Dhabi Law No. 14 of 2021 (specific to non-Muslims within Abu Dhabi).
Gifts under UAE Law
The Federal Personal Status Law (2024) contains detailed rules on gifts exchanged during engagement and marriage.
Definition of Betrothal
Article 11 defines betrothal as a man’s request to marry a woman, accompanied by a promise of marriage. This engagement is a recognized step toward marriage, but it is not marriage itself. While it is a common custom, it is not legally required.
Gifts upon Termination of Engagement
If an engagement is broken off, all gifts worth more than AED 25,000 must be returned, unless they were consumable or perishable. This rule does not apply if the engagement ends due to death or reasons beyond both parties’ control.
- Dowry gifts: If gifts were given as part of the dowry, they must be returned if the engagement ends. In case of death or withdrawal, the fiancé’s heirs may reclaim the dowry or its equivalent value.
- Trousseau purchases: If the fiancée used the dowry to prepare a trousseau (customary wedding items), and the fiancé ends the engagement without fault on her part, she may either return the dowry or hand over the purchased items as they are. However, if she ends the engagement, or it is broken off without the fiancé’s fault, she must return the dowry or its value at the time of receipt.
Dowry in Muslim Marriages
Under Article 45 of the Federal Personal Status Law, dowry is the property that the groom must give the bride as part of the marriage contract. It is a compulsory element of marriage.
The Dowry Law (Federal Law No. 21 of 1997) sets limits:
- Maximum AED 20,000 for the advance dowry.
- Maximum AED 30,000 for the deferred dowry.
- Weddings may not last more than one day, and no more than nine camels may be slaughtered for the ceremony.
If these conditions are breached, the couple loses eligibility for the government marriage grant.
Ownership of Dowry: Article 45(2) confirms that dowry is the wife’s exclusive property, and she has full authority to use or dispose of it as she wishes. Any contract terms limiting this right are invalid.
Postponing Dowry Payment
Article 46 allows the couple to agree on postponing payment of all or part of the dowry. They may set a specific date or make payment conditional on events such as divorce or death.
Wife’s Rights Regarding Dowry and the Marital Home
- A wife may refuse to move into the marital home until she receives her dowry and the husband provides suitable housing based on his financial ability.
- If she consummates the marriage before receiving the dowry, it becomes a debt owed by the husband. She may claim it later but cannot refuse to live with him once he provides an adequate home.
Conclusion
For non-Muslims, neither Federal Decree Law No. 41 of 2022 nor Abu Dhabi Law No. 14 of 2021 requires a dowry. For Muslims, however, dowry is an essential part of the marriage contract under the Federal Personal Status Law. It may be paid before, during, or after marriage, but it remains the absolute right of the wife, who may use or dispose of it as she wishes.
The UAE’s family law reflects a balance between cultural traditions, Islamic jurisprudence, and modern legal governance. For non-Muslims, Federal Decree Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021 exclude dowry from marriage requirements. For Muslims, however, dowry remains a mandatory and integral part of marriage under the Federal Personal Status Law. The law regulates dowry amounts, ensures gifts are fairly handled if engagements end, and protects women’s rights to claim, postpone, or freely use their dowry.
Importantly, the wife has the legal right to financial security before moving into the marital home, ensuring dignity and protection. This framework highlights the UAE’s commitment to women’s rights, marital fairness, and social harmony. While dowry is central in Muslim marriages, its regulation prevents financial exploitation and empowers women with autonomy. For non-Muslims, the absence of dowry requirements reflects a progressive legal approach aligned with international practices.
Overall, UAE family law demonstrates how personal status laws can respect religious traditions while ensuring equity, clarity, and protection in marriage and family matters.
