Marriage contracts for Muslim Couples in the UAE: A Simple Guide

Muslim Couples: Marriage Contracts Under Sharia Law

For Muslim couples, Sharia law applies whether married in the UAE or another Sharia-compliant country. Sharia does not recognise prenuptial agreements but allows conditions in the marriage contract (Nikah). Sharia law does not have the concept of “marital property”; each spouse keeps their own assets. Marriage contracts can include conditions about:

Mahr

The mandatory dowry given by the husband to the wife upon marriage becomes her exclusive property. This can be in the form of money, property, or other valuable assets. Mahr is a key element of Islamic marriage and is meant to provide financial security for the wife.

Spousal Maintenance

This refers to the financial support the husband is obligated to provide during the marriage and after a divorce. Spousal maintenance ensures that the wife is supported financially and can maintain a standard of living similar to what was experienced during the marriage.

Separation of Property

Under Sharia law, each spouse retains ownership of their pre-marital and acquired assets during the marriage. This clear separation of property ensures that individuals maintain control over their own assets and protects personal property in the event of divorce.

Gifts

Marriage contracts can specify the ownership of gifts received by either spouse during the marriage. This helps prevent disputes over valuable items and ensures that gifts are clearly designated as personal property. Muslim couples can also consider contracts under UAE Civil Transactions Law, but their enforceability depends on the court. Consulting a lawyer can help understand these options.

Additional Tips for Muslim Couples

Premarital Counselling

Islamic scholars can provide tools for navigating marital challenges based on Islamic principles. Premarital counselling can strengthen the relationship and provide a foundation for resolving disputes.

Consider Islamic Principles and Law

Use Sharia law to guide dispute resolution in line with religious beliefs. Understanding and adhering to Islamic principles can provide clarity and support during conflicts.

Ensure Rights are Protected

To ensure that rights are clear and protected in any relationship, keep these key things in mind:

Communication

Open communication about expectations and boundaries is essential. Discussing legal requirements, financial goals, personal values, and future plans can help ensure both partners are aligned and reduce the risk of misunderstandings.

Legal Advice

Consulting a qualified lawyer can help couples understand the legal framework of Muslim marriage.

Financial Transparency

Sharing financial information openly, including income, debts, and spending habits, fosters trust and enables informed financial decision-making. Transparency helps build a strong financial partnership.

Understanding Inheritance Laws

Knowing how inheritance laws work for Muslims can help couples plan for the future and avoid potential disputes. Understanding these laws and legal requirements ensures that assets are distributed according to their wishes and the law.

Estate Planning

Creating wills and other estate planning documents clarifies asset distribution and ensures that wishes are honoured after passing, provided they are compliant with Sharia law. This planning can provide peace of mind and financial security for loved ones.

Joint Accounts

Clarifying the ownership structure of bank accounts (joint or separate) can affect financial access and control during separation. This decision should align with the couple’s financial strategy and goals. Understanding inheritance laws is crucial, as Sharia law will apply to Muslims in the UAE, dictating asset distribution.

Marriage Contracts in the UAE: FAQS

How can I get a marriage contract and register it in the UAE?

Islamic marriages in the UAE are conducted by the Sharia court or by an approved marriage officer (Mazoons) . However, the marriage contract must be registered in a Sharia court. Here’s a step-by-step guide on how to register the marriage contract:

1. Visit the Sharia court: To register a marriage contract, you will need to visit the local Sharia court. Each emirate in the UAE has its own court system, so you will need to find the one that is applicable to your location.
2. Documentation: It is important to prepare the necessary documentation before visiting the court. This typically includes the following passports of both individuals, original Emirates ID cards, original birth certificates, original premarital screening certificate and two male Muslim witnesses with their Emirates ID card.
3. Application process: At the Sharia court, you will need to fill out an application form for the marriage contract. This form will require details such as the names, ages, occupations, and nationalities of both individuals

How much is mahr in UAE?

Mahr, also known as a dowry, is an important aspect of marriage contracts for Muslim couples in the UAE. It is a gift given by the groom to the bride as a token of his commitment and support. The amount of mahr can vary depending on several factors, including the financial capabilities of the groom and the preferences of the bride. The mahr can be agreed upon by both parties during the marriage contract process, and it can be paid in cash or in other forms, such as property or valuable assets.

However, it is important to note that the mahr should be a reasonable amount within the means of the groom. Excessive mahr amounts can be seen as a violation of Islamic principles, as it may place an unnecessary burden on the groom. In the UAE, the amount of Mahr that can be given by the groom is capped at 50,000 AED, with 20,000 AED to be given before the marriage and 30,000 as a deferred payment. It’s important to mention that the mahr is a right of the bride and is solely her property to use as she wishes.

Is Muslim marriage a contract under Islamic law?

Muslim marriage is considered a contract under Islamic law. It is a legally binding agreement between the bride and groom, with certain rights and responsibilities outlined within the marriage contract. The contract serves as a means to protect the rights of both parties and ensure a fair and equitable union.

In the UAE, the marriage contract is governed by Islamic law and is regulated by the Sharia court. It is important for Muslim couples to understand the terms and conditions of their marriage contract, as it sets the foundation for their marriage and dictates how their rights and obligations will be upheld. It is advisable for couples to seek legal guidance during the process.

Originally published at https://yungo.ae/marriage-contracts-for-muslim-couples-in-the-uae-a-simple-guide/