Many of the laws in the UAE are based on Sharia law and you should keep that in mind at all times. When a non-Muslim expatriate dies, in the absence of a will, the courts will automatically apply Sharia to distribute assets. The legal grounds for divorce in the UAE The ability for mediation to be undertaken via skype in the home jurisdiction has greatly widened the scope for settlement of family disputes outside the court arena. Our lawyers regularly advise on and draft agreements relating to children arrangements, ensuring they are enforceable in the UAE. Foreign laws cannot be applied where the parties are of dual nationality. Suppose you got married in the UK, but in the event of a divorce while living in Dubai, your divorce would fall under British legislation rather than Islamic Sharia Law which is the local legislation concerning divorce in the UAE. This may well have run contrary to the deceased person’s beliefs and expectations. Both Muslim and non-Muslim expatriates seek our advice on the laws that apply in the UAE and how an individual’s family and assets can be protected through the DIFC Wills, Abu Dhabi, UAE, Sharia Wills, trusts and offshore structures. Recent family cases involving expatriates in the UAE have flooded the press, and have highlighted the need for advice to be made readily available to expatriates at an early stage, so that appropriate agreements or safeguards can be put in place prior to a dispute. Telephone: (+44) 20 3096 7169 Conversely, the guardian (usually the father) may take the children to live abroad permanently as long as the reason is valid (such as the loss of employment). The warning came after a British mother applying for custody of her son was refused her petition during a Sharia hearing. The custodian is responsible for the nurture and care of the child, and for meeting the child’s day to day needs. Fax: (+44) 808 280 0130, Privacy Policy The Dubai Court of Cassation Judgment 252/2006 on 28/11/2006 states that ‘seeing a child is a right of both parents. In addition, main laws governing succession in United Arab Emirates are Federal Law Number 5 of 1985 concerning the Civil Transactions Code (the Civil Law) and Federal Law Number 28 of 2005 regarding the Personal Status Law (the Personal Law). Polygamy is allowed as per the UAE's law. Statutory provisions set out that in the majority of cases, the mother will have custody of young children. Federal Law 28 of 2005 concerning Personal Status. UAE laws allow for non Muslim expatriates to apply the law of their home countries within the UAE courts in certain circumstances. Complaints In the United Arab Emirates, the expatriate population significantly outweighs the local Emirati population. Although the statutory provisions set out the guiding principles, the Judge will use his discretion to consider the welfare of the child as the primary concern and make a decision based on the child’s best interests in each particular case. Hence, Sharia becomes impossible to dismiss in matters of inheritances, even for non-Muslim expats. Email: info@expatriatelaw.com We don't want to get married under the UAE courts and under Sharia law, if that is even an option for us, a church wedding is also out of the question. Unless the court orders otherwise, custody will move from the mother to the father once the children reach the age of 11 for a boy and 13 for a girl. If either parent has concerns that their permission will not be sought for travel, they can obtain a ‘travel ban’ preventing the child from passing through immigration at an airport in the UAE. London EC4M 7AN. If a nonresident, still want to exchange vows in UAE then both the parties should follow a few legal requirements as per UAE laws. This field is for validation purposes and should be left unchanged. For the sake of expedience, this guide looks at how to get divorced in the UAE court system, which will be most applicable to expats. Even though the Personal Status Law provides non-Muslim expatriates with the right to request the UAE Court for the application of their home country law, the Personal Status Law does not however expressly amend the UAE Civil Code. Marriage requirements for expat Non-Muslim go by sharia law in UAE. “It is misleading to say that all Britons are subject to Sharia law in the UAE. The same is likely if the husband is a Muslim and the woman a non-Muslim. This coded law is based on Islamic Shari’a but has taken into … Sex Outside of Marriage in Dubai. This means that Islamic law, or sharia, would be rarely used when it … My fiancé is a French national & I am a Filipino national. Matters of inheritance coming before the Dubai courts are heard by one or more judges. Contact us today for confidential advice: info@expatriatelaw.com. Sharia is not a codified law and is capable of adaption, development and further interpretation. This field is for validation purposes and should be left unchanged. In the event of a dispute, expatriates are often surprised that the local laws apply to them. Online Payments FAQs, © Expatriate Law 2020 The amendments allows for the laws of a person's country of origin to be used for divorces and inheritance in the UAE. Key legal requirements for Muslim marriages Here are the key legal requirements for Muslim marriages: Marriage contract needs to be registered in a Sharia court in the UAE. As a UK and Sharia law divorce lawyer based in Dubai, I am often contacted by British expats wondering what the best country for them to divorce in, is. This, in my opinion, is very controversial. Taken from an article in Family Law Week. Statutory provisions in the UAE state that in general following divorce, the mother will become the ‘custodian’ of young children, and the father the ‘guardian’. Judges within the UAE courts will use their discretion when applying the law, to ensure that the best interests of a child are met. To the inexperienced lawyer, who has limited knowledge of Sharia law, England and Wales would be the first port of call. Blasphemy is illegal, expats involved in insulting Islam are punished by deportation. In the UAE, Sharia law is the basis of national law, but not it’s only source. It is a straightforward process for a written agreement to be put before the ‘Reconciliation committee’ of the UAE courts and form the basis of an enforceable agreement. The guardian makes the decisions regarding a child’s schooling, or medical treatment for example. This is an onerous and costly task, carrying a risk that the true meaning of the laws is lost in translation. Law firms that offer to draft wills guaranteeing that the assets of non-Muslim expatriates will not be subject to Sharia in the event of their death are duping their customers, experts say. Apostasy from Islam Apostasy is a crime punishable by death in the UAE. Until now, non-Muslim expats who divorce in the UAE have either Sharia law or the law of their home country applied (a choice is given), and where the two parents are of different nationalities, the law of the husband’s nationality applies. Insurance Email: info@expatriatelaw.com In terms of divorce laws, the UAE will now offer expats a path to divorce that isn’t dictated by Sharia law. It is essential for expatriates moving to Middle East to be fully aware of the laws that will apply to them, in relation to criminal and family matters. After School Activities and Learning Support. Guardianship involves guiding the child in the right direction in terms of morals, right and wrong, education and religion. Whereas now, personal citizenship will actually dictate how things are going to be divided,” said Lewis Delaney, senior associate at Finsbury Associates, a wealth management and financial planning firm. In the UAE, it is possible for non-Muslim expatriates to ask for the laws of their home countries to be applied by the courts of the UAE. "It is misleading to say that all Britons are subject to Sharia law in the UAE. We are looking into getting married here in the UAE. The custodian is entitled to have the child live with them. The rules and procedures vary depending on the nationality or religion. But cost-cutting can lead to problems. As a non-Muslim expat in the UAE, you may already have a will made in your home country for your assets there. This applies to the expatriate and local population alike. Registering a non-Sharia will allows a non-Muslim estate to be distributed according to inheritance rules of a deceased expat’s home country. While the alcohol and clothing rules are less rigid for expats, extra … Drug trafficking also attracts the death penalty; refer to the section on drugs for more information. Below I will set out some key considerations for expatriates living in the Middle East. She was given a suspended prison sentence. Whilst these countries are modern and contemporary in many ways, the local laws reflect culture and … When it is not possible to use foreign laws, the UAE family law will apply (Federal Law 28 of 2005 concerning Personal Status). The British Foreign Office has warned expat women living in the UAE that they risk facing Sharia justice in divorce or child custody cases. This coded law is based on Islamic Shari’a but has taken into account changing times and modern society in the UAE. The ability to relocate is regularly of concern to expatriates in the region. For starters, like many Middle Eastern countries, the UAE has the death penalty for serious crimes such as murder, rape, and treason. People with different religion may face some challenges. All foreign laws to be applied need to be translated in to Arabic before being put before the court (statutory and case law provisions). Commonly expatriates will not have jurisdiction to deal with children matters in the court of their home countries, and have no option but to use the legal system of the country in which they are now resident. Whether the meeting is platonic or not, under Sharia law it is deemed to be the same level of offence as committing adultery and can lead to the same penalties. UAE Announces Revisions to Personal and Family Laws for Expats. Fax: (+44) 808 280 0130, Privacy Policy UAE laws allow for non Muslim expatriates to apply the law of their home countries within the UAE courts in certain circumstances. Divorce laws for Muslim couples Islamic marriages are governed by the Sharia law. Prior to the overhaul, the likely scenario when a person died in UAE was that their assets would be divided under UAE law, including principles of Sharia. BBC News has reported a Foreign Office warning that any UK expatriates living in the United Arab Emirates who might become parties in divorce or child custody cases there could be subject to Sharia law. If both husband and wife are Muslims and residents in the UAE, Sharia/UAE law will most likely be applied to their divorce. UAE law would be put into operation for … Expatriates marriage in the UAE under the law of their country. That warning followed the case of a British mother who lost custody of her son to her French ex-husband following a Sharia hearing in Dubai. Online Payments FAQs, © Expatriate Law 2020 DUBAI – The UAE government has announced sweeping changes to personal and civil laws in the country, including wills and inheritance for non-Muslims and expatriates. Money. The principal source of law of inheritance in UAE is Shariah Law. Convictions for adultery are rare, but there have been several cases in recent years of western non-Muslim expatriates being convicted and imprisoned for adultery, and subsequently deported. Many Muslim countries are growing exponentially as expatriate hubs, such as the United Arab Emirates, Qatar, Bahrain and Oman. However in practice foreign laws are rarely applied for contested court applications. The process of getting a divorce in the UAE can differ between Muslims and non-Muslims. Sharia courts in the UAE have exclusive jurisdiction to hear family disputes, including matters involving divorce, inheritances, child custody, child abuse and guardianship of minors. In the United Arab Emirates, the expatriate population significantly outweighs the local Emirati population. As a woman in the UAE, it is a ‘crime of honour’ to be alone with a man other than your husband in a private place. Prior to the ages set out above, the UAE court is able to move custody to father, maternal grandmother, paternal grandmother, maternal sisters, paternal sisters, maternal niece (in that order or precedence) if it is determined that the mother does not meet the criteria for a custodian. “Prior to the changes in the law, when a family member passed away their assets would be divided as per sharia law and expats from Europe or North America are not used to that. Many expatriates move abroad oblivious to the fact that they are subject to the laws of the country in which they are living. Whilst these countries are modern and contemporary in many ways, the local laws reflect culture and tradition and are based on Islamic Sharia. This coded law is based on Islamic Shari'a but has taken into … Telephone: (+44) 20 3096 7169 UAE laws allow for non Muslim expatriates to apply the law of their home countries within the UAE courts in certain circumstances. First, reforms to the UAE’s personal status laws first enacted in 1987 mean that divorce in the UAE for non-Emirati couples will fall under the laws of the country where they got married. Under the laws of the UAE, both parents should seek consent from the other to take their children out of the country. “For expats who have not made a Will, these changes to the law mark significant progress. Website development by WEBxMedia. Non-Muslim expats in the United Arab emirates are urged to draft a will to avoid tying up their estates in Sharia law – but the options can be costly and confusing. Complaints When this happens during divorce, or one spouse decides to return to their home country, difficulties can arise. When it is not possible to use foreign laws, the UAE family law will apply (Federal Law 28 of 2005 concerning Personal Status). Website development by WEBxMedia. Despite the incredible progress of the Emirates in the implementation of Western institutions of law, the prevailing rules of law are Sharia laws, which underlie all the legislation of the UAE, which many expats forget or simply do not think about, feeling so comfortable in the UAE like in their home countries or even better. That being said, it is essential for British expatriates in Dubai to be aware of the laws here that may affect them, so that parenting agreements may be put in place before a move, if required.”. Adultery is a criminal offence in the UAE and carries a prison sentence. This is not always the case. To request a call back please enter your details in the fields below and a member of our team will call you back at the time requested. Presently, there is no registry of wills for non-Muslim expatriates in Abu Dhabi, which means that law firms’ claims that they can secure their clients’ assets in the emirate are misleading. London EC4M 7AN. Many Muslim countries are growing exponentially as expatriate hubs, such as the United Arab Emirates, Qatar, Bahrain and Oman. 4. The mother then has the choice whether or not to join them and settle in that country, where she could continue to exercise her right to be the custodian of young children. It is common for expatriate families to be relocated regularly for employment from one expat hub to the next. Guardianship involves supervising, protecting, educating and preparing a child for life, and (when required) giving the necessary consent for the child to marry. In February, according to the BBC report, Afsana Lachaux, from London, was found guilty of kidnap charges for failing to attend an access meeting between her son and her ex-husband. Such an agreement could address the circumstances in which one party may repatriate, or custody, or simply agree the future use of mediation or the courts of an alternative jurisdiction in the event of a dispute. As such, Sharia law is applied in the absence of any otherwise existing legalization covering the same issue. A Judge has discretion as to whether foreign laws should be applied, and will apply the local UAE laws where foreign laws cannot be readily interpreted. The implications of Sharia Law for Expatriates. Islamic Marriage (Sharia Marriage: National and Expatriates) All nationals and expatriate residents can get married in the UAE. A Muslim male may have four wives, provided he offers equal sustenance and equal treatment to all. When it is not possible to use foreign laws, the UAE family law will apply (Federal Law 28 of 2005 concerning Personal Status). However, Alexandra Tribe, a solicitor and partner with Expatriate Law, a firm of family law specialists, who is based in Dubai, said: “It is misleading to say that all Britons are subject to Sharia law in the UAE. The laws, which are put into effect immediately, reflect the progressive developments upheld by the UAE government to improve living standards in the UAE and further solidify the country’s position as a destination for foreign direct investment and people from around the world, reported The National. To request a call back please enter your details in the fields below and a member of our team will call you back at the time requested. However such a right must not conflict with the right of a child or the interest of a child, since the interest of a child comes before the interest of parents’. Common law relationships, homosexuality, cross-dressing, adultery, and all of these are subject to severe punishment, including imprisonment and deportation, and for Muslim travell… Under UAE laws, the custodian of the child may not permanently settle the child in another country if it would cause ‘harm’ to the other parent or if the distance between the two countries prevented the non-resident parent from visiting the child and returning home in a day. This means that a couple from any religion that files for a divorce will have proceedings dictated by the laws of the country where they got married. A blend of Islamic and civil code law as well as the ongoing process of (re-)interpreting the former thus make up the UAE’s legal framework, with civil and Sharia courts co-existing. Regardless of their nationality, all Islamic marriages are conducted according to the Sharia law. It is important to remember that Sharia Law applies to all divorces in the UAE. Expatriate Law Limited is authorised and regulated by the Solicitors Regulation Authority No 623831, 5th Floor, 20 Old Bailey, UAE incorporates hudud crimes of Sharia into its Penal Code - apostasy being one of them. I find that many wives assume that they will be able to travel freely with the children and repatriate if and when they choose irrespective of the father’s wishes. Expatriate Law Limited is authorised and regulated by the Solicitors Regulation Authority No 623831, 5th Floor, 20 Old Bailey, To suit different time zones our phone lines are answered 24/7. The mother may lose her right to custody of the children if she settles in another country and the distance makes it difficult for the father to fulfil his duties as guardian. 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