Muslim couples (Emirati and expatriate) enter into a marriage contract (Nikah’) if they conduct an Islamic marriage in a Muslim jurisdiction or elsewhere.
To what extent are pre and post nups binding within the jurisdiction?
Within the marriage contract is a section which allows for a dowry (‘Meher’) to be specified. The dowry is the payment of a sum of money/ valuables to the wife, paid partly on marriage (the Mokadam) and partly in the event of divorce/ husband’s death. The dowry must be present in the contract to ensure its legal validity. The marriage contract has been compared to a pre nuptial agreement because of the dowry, but it is far from this. There are restrictions as to what can be included within the marriage contract, those that are contrary to public order or Islamic Shari’a will not be included.
Some wives may use the Dowry term to give them a bargaining position, and agree to receive a lesser dowry on alternative terms to their benefit. The marriage contract is negotiated and agreed by the husband and the wife’s father or other male guardian, often with the benefit of legal advice (although this is not required).
If a Muslim couple wish to rely on a pre-nuptial agreement validly drafted in another jurisdiction, it is likely that the UAE courts would not choose to enforce the terms especially in relation to children. This is because under Sharia law a couple could not enter into an agreement concerning children that have not yet been born.
The contract will be void or voidable if any term in the agreement conflicts with Islamic Shari’a, public order or morals in the UAE (Article 27 Civil Procedure Law). Public order is defined at Article 3 Civil Procedure as ‘matters relating to personal status’. This means that any terms in the contract that are against or conflicting with UAE morals (for example reference to unmarried cohabiting couples) would be void.
What is the full list of fines for money laundering in the UAE? Dr. Hassan Elhais
The UAE Ministry of Economy has announced the list of penalties for violations of the laws relating to money-laundering and terrorism financing.
Can I Appeal Against an Arbitration Award?
Arbitration is best described as a cost-effective alternate dispute resolution process, which assists in smoother business relationships without incurring the rigidity of court proceedings. To address many of the pitfalls of the arbitration process and to bring the UAE arbitration process in tune with the best international standards, the UAE enacted Federal Law No. 6 of 2018 on ‘Arbitration’ and its amendments (“Arbitration Law”).
Commercial leasing and breach of contract punishments
In legal terms, a lease agreement can be defined as ‘a contract by which one party conveys land, property, services, etc. to another for a specified time, usually in return for a periodic payment’. A ‘commercial lease agreement’ constitutes a written lease agreement whereby a landlord agrees to lease his commercial property to another person or entity for a given business purpose and specified time period.
