Dubai: The new Muslim Personal Law in the UAE, Federal Decree-Law No. 41 of 2024, officially comes into effect today. The updated legal framework introduces crucial changes aimed at protecting parental rights and ensuring child welfare in cases of marriage, divorce, and inheritance.
The law enforces strict penalties ranging from Dh5,000 to Dh100,000 for violations such as embezzlement of minors’ property, unauthorized travel with children, abuse, or neglect of parents.
Who the law applies to:
UAE Muslim Citizens: The law applies fully, including in mixed-religion marriages where one party is Muslim.
Non-Muslim UAE Citizens: They can opt for religious or other legal frameworks, otherwise UAE personal law will apply.
Muslim Residents: The law applies by default unless another law is selected.
Non-Muslim Residents: Can choose their own religious law, home country’s law, or other recognized frameworks like Abu Dhabi Civil Marriage Law.
Key highlights of the new law:
Marriage Age: Minimum legal marriage age is 18; underage marriages require judicial approval.
Age Gap Restriction: Marriages with an age gap over 30 years (if the woman is marrying for the first time) need a judge’s permission.
No Parental Consent Needed: Muslim expatriate women can marry without a guardian’s consent, provided their home country law permits it.
Home Country Law Applies: For Muslim expatriates, home country laws can govern personal status matters.
Child Custody: Children can now choose their preferred parent during divorce.
Child Welfare Priority: Enhanced protections for children in custody and divorce proceedings.
The law marks a major step in aligning family-related legal matters with evolving social norms, while preserving the rights of both parents and children.
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