sharia law in uae for expats

Sex Outside of Marriage in Dubai. 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. 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. This is not always the case. The legal grounds for divorce in the UAE 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. London EC4M 7AN. But cost-cutting can lead to problems. We are looking into getting married here in the UAE. 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. This coded law is based on Islamic Shari’a but has taken into … Website development by WEBxMedia. 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. If both husband and wife are Muslims and residents in the UAE, Sharia/UAE law will most likely be applied to their divorce. 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. After School Activities and Learning Support. Fax: (+44) 808 280 0130, Privacy Policy 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. To the inexperienced lawyer, who has limited knowledge of Sharia law, England and Wales would be the first port of call. Islamic Marriage (Sharia Marriage: National and Expatriates) All nationals and expatriate residents can get married in the UAE. Hence, Sharia becomes impossible to dismiss in matters of inheritances, even for non-Muslim expats. 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’. Regardless of their nationality, all Islamic marriages are conducted according to the Sharia law. Whilst these countries are modern and contemporary in many ways, the local laws reflect culture and tradition and are based on Islamic Sharia. Online Payments FAQs, © Expatriate Law 2020 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’. Fax: (+44) 808 280 0130, Privacy Policy Guardianship involves supervising, protecting, educating and preparing a child for life, and (when required) giving the necessary consent for the child to marry. 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. My fiancé is a French national & I am a Filipino national. Foreign laws cannot be applied where the parties are of dual nationality. When it is not possible to use foreign laws, the UAE family law will apply (Federal Law 28 of 2005 concerning Personal Status). Drug trafficking also attracts the death penalty; refer to the section on drugs for more information. In the UAE, Sharia law is the basis of national law, but not it’s only source. 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. Online Payments FAQs, © Expatriate Law 2020 When this happens during divorce, or one spouse decides to return to their home country, difficulties can arise. The ability to relocate is regularly of concern to expatriates in the region. 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. 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. Whilst these countries are modern and contemporary in many ways, the local laws reflect culture and … 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. 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. Email: info@expatriatelaw.com 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.”. 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. Polygamy is allowed as per the UAE's law. People with different religion may face some challenges. 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