Islamic and legal method of marriage
The **Islamic and legal method of marriage** in the United Arab Emirates represents a unique model that embodies the integration of religious principles with advanced legal systems, making it a benchmark for applying Islamic Sharia in an organized manner that safeguards individual rights and preserves family dignity. Marriage in Islam is not merely a social relationship but an **Islamic and legal contract** governed by the Quran and the Sunnah of the Prophet Muhammad (PBUH), while federal laws organize these principles to ensure proper implementation and justice between the parties.
The UAE, as an Islamic state that upholds values of tolerance and legal discipline, serves as a model in applying the **Islamic and legal method of marriage** , defining its conditions and rulings through **Federal Law No. 28 of 2020 on Personal Status** , which is the primary reference for regulating family relationships. This law reinforces Islamic rulings, such as the necessity of a guardian’s consent and the presence of witnesses, while organizing legal procedures such as contract registration, determining maintenance (nafaqa), and dowry (mahr).
The **Islamic and legal method of marriage** in the UAE encompasses several fundamental aspects:
* **Religious foundations** : Such as the presence of a guardian for the woman, two upright witnesses, the mahr as the wife’s right, and mutual consent between the parties.
* **Legal procedures** : Including official contract registration, defining the rights of both spouses regarding maintenance, inheritance, and preserving the dignity of the couple.
* **Social protection** : Such as reducing hasty divorces, ensuring children’s rights, and organizing inheritance matters according to Islamic rulings.
These aspects highlight how the **Islamic and legal method of marriage** in the UAE is not merely routine procedures but a comprehensive system aimed at building stable families and cohesive communities. This article will delve into the details of these aspects, explaining the provisions of the Personal Status Law, practical procedures, and the importance of this model in preserving family values and social justice.
Additionally, modern challenges such as **remote marriage** , interfaith marriage between Muslims and non-Muslims, and early marriage are discussed. The UAE demonstrates how these cases can be integrated into the **Islamic and legal framework** through specific procedures that respect both Sharia and the law. The role of institutions such as the **Ministry of Justice** and **Personal Status Courts** in efficiently implementing these rulings is also highlighted, alongside the contribution of specialized legal firms like **Al Azm Legal Consultancy** in providing advisory support to clients.
Thus, the **Islamic and legal method of marriage** in the UAE is not merely a set of legal procedures but a foundational pillar for societal stability, balancing religious commitment with legal protection, thereby enhancing the UAE’s reputation as a model for applying Sharia with wisdom and organization.
### **Islamic Principles of Marriage**
Marriage in Islam, as outlined in the **[Islamic and legal method ](
https://www.alazemlegal.com/blog/الطريقة-الإسلامية-والقانونية-للزواج/)**, is governed by the Quran and the Sunnah of the Prophet Muhammad (PBUH). Islamic Sharia defines the conditions and rulings of marriage, including:
1. **The Guardian (Wali)** :
* A guardian (e.g., father or grandfather) must be present to finalize the marriage contract, protecting the woman’s rights and ensuring her free choice.
* If the guardian is unavailable, a judge or authorized authority may appoint a substitute.
2. **Two Upright Witnesses** :
* The presence of two upright witnesses is required for the contract’s validity, as stated in the Quran: *“If you fear that they may breach their oath, then [have] a marriage contract with them [in the presence of] four witnesses from among you”* (Quran 4:15).
3. **Dower (Mahr)** :
* A monetary or material gift given to the wife, serving as a guarantee for her in case of separation or need.
4. **Mutual Consent** :
* Marriage must be based on the free will of both parties, with no coercion of the woman, as emphasized in the Quran: *“Do not take women against their will”* (Quran 4:23).
### **Legal Framework in the UAE: Federal Law No. 28 of 2020 on Personal Status**
The UAE regulates the **Islamic and legal method of marriage** through **[Federal Law No. 28 of 2020 on Personal Status ](
https://www.alazemlegal.com/blog/قانون-الأحوال-الشخصية-لسنة-2005/)**, the primary reference for family law. Key provisions include:
* **Article 12: Conditions for a Valid Marriage Contract** :
* The spouses must be Muslims or non-Muslims who accept marriage under Islamic Sharia (e.g., Christians or Protestants).
* The woman must have her guardian’s consent, or a written authorization if he is absent.
* **Article 13: Marriage Contract Procedures** :
* The contract must be written and notarized before a Personal Status Court or an authorized representative.
* It must include details such as the mahr, living conditions, and the rights of both parties.
* **Article 25: Mutual Rights of Spouses** :
* **For the Husband** : Fulfilling financial obligations (maintenance, housing), and emotional care for the wife.
* **For the Wife** : The right to conjugal relations, maintenance, and dignity.
* **Article 26: Maintenance (Nafaqa)** :
* Maintenance is a legal right of the wife, even if she works or has financial resources.
* Its amount is determined based on the husband’s income, with adjustments possible through court rulings.
* **Article 35: Inheritance** :
* Inheritance is distributed according to Islamic Sharia, with the wife entitled to her legally stipulated share.
### **Practical Procedures for Conducting an Islamic and Legal Marriage in the UAE**
To formalize a marriage under the **Islamic and legal framework** in the UAE, the following steps are followed:
1. **Ensure Compliance with Religious Conditions** :
* The presence of a guardian or written authorization.
* The presence of two upright witnesses.
2. **Visit a Personal Status Court or Official Marriage Centers** :
* Submit identification documents (ID/passport) and a "single status certificate" (if the woman is unmarried).
* Sign the marriage contract under the supervision of a Personal Status judge.
3. **Legal Registration** :
* The contract is registered in official records, preventing future disputes.
### **Importance of Implementing the Islamic and Legal Method of Marriage in the UAE**
* **Protection of Legal Rights** :
* Laws safeguard the wife’s rights to maintenance, inheritance, and a secure family life.
* **Reducing Hasty Divorce** :
* Legal requirements for dispute resolution reduce cases of unwarranted divorce.
* **Alignment with Sharia** :
* Federal laws translate Islamic principles into actionable procedures, such as protecting the mahr and requiring guardian consent.
* **Transparency and Organization** :
* Official registration simplifies resolving future disputes through legal processes.
### **Services Provided by [Al Azm Legal Consultancy ](
https://www.alazemlegal.com/)in the Field of Islamic and Legal Marriage**
**[Al Azm Legal Consultancy ](
https://www.alazemlegal.com/)**is a specialized firm offering comprehensive legal services related to the **Islamic and legal method of marriage** in the UAE, leveraging expertise in Islamic Sharia and Federal Law No. 28 of 2020. Services include:
1. **Detailed Personal Status Consultations** :
* **Conditions of a Sharia-compliant marriage** : Explaining requirements like the guardian’s presence, witnesses, and consent (Article 12).
* **Dower and Maintenance** : Clarifying how the mahr is determined as the wife’s right and calculating maintenance based on the husband’s income (Article 26).
* **Inheritance** : Interpreting Sharia inheritance rulings and their application under Article 35, calculating legal shares for the wife and children.
* **Interfaith Marriage** : Conditions for a Muslim marrying a non-Muslim (People of the Book), and restrictions on non-Muslims marrying Muslim women.
2. **Official Registration of Marriage Contracts** :
* Drafting contracts compliant with Sharia and law, specifying terms like the mahr, maintenance, and mutual rights.
* Accompanying clients to Personal Status Courts or official centers to finalize registration.
* Remote marriage contract registration via licensed platforms, adhering to Article 13 requirements.
3. **Resolving Family Disputes According to Law and Sharia** :
* **Mutual Divorce** : Assisting couples in drafting a mutual divorce agreement, including maintenance for the divorced wife and children (Articles 40–45).
* **Divorce Due to Harm** : Representing a party in proving lawful grounds (e.g., abuse or neglect) and obtaining a court ruling.
* **Inheritance Disputes** : Resolving conflicts by interpreting Sharia rulings and applying the law, respecting all heirs’ rights.
* **Custody and Visitation Rights** : Mediating disputes over child custody while prioritizing the child’s best interests under legal provisions.
4. **International and Migrant Marriage Consultations** :
* Clarifying legal procedures for UAE citizens marrying foreign nationals, ensuring compliance with local and international laws.
* Dual registration of marriage contracts in the UAE and the spouses’ home countries to avoid cross-border disputes.
* Supporting expatriates with legal advice respecting their cultural backgrounds without violating UAE laws.
5. **Awareness Workshops and Legal Training** :
* Conducting sessions to explain the **Islamic and legal method of marriage** , emphasizing the importance of official registration to prevent disputes.
* Pre-marriage counseling to inform couples of their rights and obligations, clarifying contract procedures.
* Training legal professionals in understanding Federal Law No. 28 and Islamic Sharia.
6. **Appeals and Legal Challenges** :
* Representing clients in challenging Personal Status Court rulings, such as revisiting maintenance amounts or inheritance shares, with legal and Sharia-based evidence.
**What Sets Al Azm Apart** :
* **Deep Expertise** : A specialized team in Personal Status Law and Islamic Sharia.
* **Confidentiality** : Ensuring client privacy and data security.
* **Swift Services** : Offering quick solutions via electronic platforms.
* **Multilingual Support** : Services available in Arabic, English, and French.
### **Conclusion**
In this comprehensive review, it is evident that the **Islamic and legal method of marriage** in the UAE is not merely a set of legal formalities but a holistic system that balances religious principles with legal safeguards. By adhering to **Federal Law No. 28 of 2020** , marriages become organized contracts that translate Islamic values into actionable procedures, such as requiring guardians, witnesses, and specifying the mahr and maintenance, all while preserving the dignity of spouses.
This model demonstrates how the UAE strengthens the balance between religious commitment and legal protection, ensuring rights for both spouses in matters of maintenance, inheritance, and divorce. The **Al Azm Legal Consultancy** plays a pivotal role in supporting this framework through specialized consultations, contract registration, and resolving disputes while respecting Sharia and the law.
Moreover, the firm addresses modern challenges like international marriage and mutual divorce with tailored procedures that align with both Sharia and legislation, reinforcing the UAE’s reputation as a model for applying Islamic principles with wisdom and systematic organization.
For legal inquiries or further information, visit **[Al Azm Legal Consultancy ](
https://www.alazemlegal.com/)**or contact them through official channels.