The age of consent in UAE empowers women, but not without limits.
The topic of the age of consent in the UAE, especially regarding marriage, has been the subject of much debate. The laws surrounding marriage differ greatly across countries, and in the UAE, one of the most frequently discussed aspects is the involvement of parental consent, particularly for adult daughters.

In this post, we will delve into the legal requirements for women in Dubai concerning parental approval for adult daughters, the impact of Sharia law, and the legal protections in place to uphold women’s rights in marriage.

Legal Framework for Marriage in the UAE

In the UAE, marriage is recognized as a legitimate and formal union between a man and a woman, requiring mutual consent from both parties.

The marriage must be officially registered with the authorities, and a legally binding contract must be created. This contract is subject to both UAE civil law and Islamic Sharia law, which plays a significant role in the country’s personal status regulations.

The UAE operates under the Personal Status Law, Federal Law No. 28 of 2005, for marriages. According to this law, the minimum legal age for marriage in the UAE for Muslims is 18 years for both genders.

The age of consent in UAE is a crucial factor in determining maturity before entering into a legally binding marriage contract.

For individuals under the age of 18, parental consent is required for the marriage to be legally recognized. As per Article 38 of the Personal Status Law, parents or legal guardians have the authority to decide on the marriage of their minor children.

However, once a woman reaches the age of 18, she is regarded as an adult under UAE law, and parental consent is no longer required in most circumstances. This brings the focus to adult daughters and the extent to which parental involvement is necessary in their marriage decisions.

Parental Consent for an Adult Daughter’s Marriage

In Islamic law, a Muslim marriage requires the consent of a “tutor” (wali), typically the father, followed by other male relatives as per Article 32 of the Personal Status Law.

Even though a woman is legally considered an adult, some parents may attempt to prevent their adult daughter from marrying. While parents can object, UAE law generally does not give them the power to stop a daughter’s marriage once she reaches the age of consent in UAE.

The final decision on choosing a spouse rests with the daughter, provided she is of legal age and there is no indication of coercion or undue influence. UAE law upholds a woman’s right to select her spouse once she has reached the age of consent in UAE.

Exceptions to Parental Consent

In some cases, parental consent is not required for a woman’s marriage, even if the parents object. If the refusal of the parents is seen as unreasonable or unjust, the woman may marry without their consent.

The UAE legal framework ensures women are not forced into marriages and provides legal recourse for women to challenge parental objections when their autonomy is compromised, with the age of consent in UAE being a key factor.

Instances where a woman may marry without parental approval usually arise when the parents’ refusal is considered unjustified, such as when the woman’s personal freedom is at risk. Article 30(3) gives an adult daughter the right to petition if she faces opposition from her wali.

UAE courts have supported the autonomy of women, allowing them to marry even if their parents object, as long as they have reached the age of consent in UAE and are not coerced into the marriage.

Parental objections generally cannot be enforced unless there is a valid reason to interfere. The law prioritizes a woman’s right to make her own marriage decisions, provided there are no legal or ethical concerns.

Women’s Autonomy in Marriage Decisions

One of the most crucial rights for women under UAE law is the ability to choose their spouse once they reach adulthood.

While parental consent continues to hold cultural significance, particularly in traditional families, women are legally empowered to make their own marriage decisions without needing parental approval once they have attained the age of consent in UAE.

UAE law ensures that women are not forced into marriages against their will. If there are signs of coercion or manipulation, the courts have the authority to intervene and safeguard a woman’s rights. Women also have the legal means to challenge forced marriages and any other form of coercion.

Conclusion

Navigating marriage laws and wedding plans in the UAE can be challenging, but Easy Wedding is here to make your journey smooth and stress-free.

From helping you understand the legal requirements to organizing the perfect celebration, we offer personalized wedding planning and expert advice.

Let us take care of the details, so you can focus on creating memories that last a lifetime. Get in touch with Easy Wedding and let us help you plan your dream wedding in the UAE.