Such a query is often concerning Muslims, as pursuant to the Islamic Sharia laws, a Muslim male may have as many as four wives. Thereby, polygamy is practiced in the UAE. That said, the Sharia laws also place high responsibilities on the male, specifying that further marriages should be entered into only when the husband can offer equal maintenance and treatment to all the wives.
The UAE laws allow for all nationals as well as expatriates to conduct and solemnize their marriages in the UAE. When it comes to Islamic Marriages, the Sharia provisions will apply, and regardless of the nationality of persons, the following rules will apply:
Since polygamy is legally allowed in the UAE, if the parameters for valid marriage are fulfilled for a second marriage, it would automatically constitute a legal marriage. Thus, it would not require prior consent from the first wife. However, that said, ‘Mehr’ could be claimed by the first wife, as per the terms of the marriage contract already entered into between the parties. Further, following the Islamic principles that both the wives must be treated equally and respectfully, the first wife could have the right to file for a maintenance claim or other rights if such conditions have arisen.
In all circumstances pursuant to the UAE Sharia laws, the husband is liable to pay for the maintenance of the wife and his children, and this is even when the wife might be working and earning as well. Family disputes, be it for a claim for maintenance or divorce, for the emirate of Dubai, are submitted to the family guidance section of the Dubai Courts, and there are family guidance counsellors appointed to seek reconciliation between the parties prior to a formal court case being lodged.
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