http://www.lawfirmdubai.net/latest-updates/ Diana presenting recognition of religious marriages and divorces in the GCC to the IAFL annual conference in New Delhi, India.

1. DIANA HAMADE
 The International Advocate Legal Services
(“IALS”) is a law firm focusing on high-end cross-
border litigation in Corporate, Civil and Family law
matters for a variety of national and international
clients.
 Engaged in local and international disputes before
the UAE Courts and Arbitration.
 Contributes regularly to several publications on
legal issues and matters in the UAE.
 Actively engaged in Family law matters and her
expertise is sought by many law firms when
providing courts and religious councils with expert
evidence on Sharia related matters in family law.
 Diana is the only lawyer registered as a fellow of
the International Academy Of Family Lawyers
(IAFL) in the Middle East.
 Member of Arab regional Forum of the (IBA) since
2013.
 Member of STEP ARABIA.
http://ialsblog.com
http://www.lawfirmdubai.net

2. RECOGNITION OF MARRIAGE AND DIVORCE IN THE
UNITED ARAB EMIRATES
 The United Arab Emirates (UAE) legal system is founded on civil law
principles and Islamic Sharia Law. It is effectively a synthesis of two
systems.
 Sharia Law is the guiding principle and source of law = Public Order
 The Relevant laws regarding family matters are:
• Federal Law No 28 of 2005, Personal Status Law (PSL);
• Federal Law No 11 of 1992, Civil Procedure Code (CPC);
• Federal Law No 5 of 1985, Civil Transactions Code (CPC).

3. 1) What is the current law in relation to recognition of
marriage and divorce ?
 All provisions and rulings related to marriage and divorce are included in
the Federal Law of Personal Status Law (PSL) No. 28 of 2005, Dubai
Court of cassation precedents and precedents of The Federal Supreme
Court of the UAE in Abu Dhabi.
 Article 19 of the PSL defines the marriage as a legal contract between a
man and a woman in order to build a stable family.
 Article 99 of the PSL defines the divorce as the dissolution of a marriage
contract in a legally prescribed form. The divorce in the UAE can be
verbal or in writing.
 Article 235 of the CPC provides a mechanism for the enforcement of
foreign judgments and various conditions need to be satisfied.
 The UAE has reciprocal recognition of court orders with member
countries of the Gulf Cooperation Council (GCC). There are treaty
arrangements within the GCC and with some other Islamic countries
whereby the judgments of such countries may be recognized and
enforced in family and personal status matters

4. 2) To what extent are religious marriages and divorces
recognised?
 Civil Marriages are not recognised in the UAE for UAE Muslims and other
Muslims residents of the UAE unless executed and recognized according
to a law of another jurisdiction. Muslims can marry in any way
recognised for marriage in other countries.
 A marriage or divorce entered into abroad is valid in the UAE in most
cases provided the certificate is validly attested by the relevant
authorities (see next slide for the process).
 Certain marriages are not recognised in the UAE even if a valid marriage
certificate was issued by the country in which the marriage took place.
• Marriages between partners of the same sex,
• Marriages between a Muslim women and a Non-Muslim man,
• Marriage between a Muslim man with a women of another religion
other than Christian and Jewish.

5. 3) What procedures exist for determining whether a
marriage or divorce is to be recognised in the event of a
dispute?
 Every marriage of non-Muslims within the UAE has to be executed through
the relevant authorities. The authorities recognized for such marriages are
the relevant parties’ embassies or Churches or centers of worship in the UAE.
 A marriage or divorce issued abroad is valid in the UAE in most cases. In
order to be recognised, the original marriage or divorce certificate will have
to go through a specific process before the relevant authorities (UAE
Embassy in the relevant country - where the civil religious marriage/divorce
took place). Firstly attested by the Ministry of Foreign affairs in the UAE, then
translated into Arabic, followed by the Ministry of Justice stamp.

6. 4) Does the law need changing, and if so how?
 The sharia rule concerning the Wali approval, applying even when a non UAE
woman who is a Muslim wishes to marry in the UAE needs to be changed
(Article 34 and 39 of the PSL), as well as provisions concerning women
custody of children when they reach a certain age (Article 156 of the PSL).
5) Feedback from the rest of the world
 The law is mostly criticized for enabling non Muslims to seek Sharia law when
works in their favor. Men getting away with not sharing wealth with wives upon
divorce or even having second wives when converting to Islam. Women also can
become Muslims, annulling their marriage to a Non Muslim, keeping their children
and living in the UAE when fathers go back home.

7. SHARIA APPLICATION IN THE GCC AND LEVANT
 The application of Sharia differs across the countries of the Gulf
Cooperation Council (GCC) and the Levant. However, when it comes to
family law, the Islamic Sharia Law will be the basis in the GCC and in
Levant.
 Saudi Arabia (GCC):
• The legal system of Saudi Arabia is based on Islamic Sharia law. There
is no law in relation with marriage or divorce, therefore those matters
fall within the general jurisdiction and discretion of the Sharia court.
• The marriage should be solemnized in accordance with the Islamic
rituals before the Sharia Court and in harmony with the Sharia rules and
regulations applicable. Therefore, expatriates can get married only in
their Embassies as Saudi Arabia does not have churches or similar non-
Muslim centers of worship.

8.  Lebanon (Levant):
• Lebanese legal system is based on a combination of Civil Law, Islamic
Sharia Law and Ottoman legal principles.
• Lebanon has no civil personal status law. Article 9 of the Lebanese
Convention enshrines the division of Lebanese in religious community.
Therefore, the matters pertaining to family are regulated according to
the religion (Muslim, Christian, Jewish…).
• Civil Marriage does not exist in Lebanon. Therefore, all marriages must
be performed by a religious authority either before Christian or Muslim
competent authorities and be registered with the Vital Statistics Bureau.
Those wishing to have a civil marriage must marry outside the territory.
In this case, this civil marriage will be recognize in Lebanon.

9. Family Law
 Marriage
 Prenuptial Agreement
 Guardianship
 Adoption
 Custody
 Removal/Travel Ban
 Relocation
 Divorce
 Maintenance/Alimony
 Settlement Agreement
 International Legal
Advice & Expert Report
for Foreign Court
Business & Corporate
Services
 Company Set Up
 Company winding Up and
Dissolution
 Contract drafting and Review
 Employment Advice and
Disputes
 Fraud and White-collar
Crimes
 Commercial and residential
Disputes
 Shareholders Agreements and
Disputes
 Loans and Bounced Cheques
Succession & Estate
planning
 Drafting and Execution of UAE
Wills
 Drafting and Execution of
DIFC Wills
 Preparation of Gifts, Heba,
Waqf and Trusts
 Probate administration before
UAE & DIFC Courts
 International Wealth
Structuring
 Inheritance / Succession &
Probate
Email: info@ials.ae
Tel: +971 4 28 44 733