In the United Arab Emirates, the Personal Status Law of 2005 serves as a cornerstone for regulating family and social relationships. It establishes key provisions such as marriage, divorce, inheritance, maintenance, and child custody, with Islamic Sharia principles as its foundational reference. The law was enacted to align with societal developments while preserving religious values, providing a fair legal framework that safeguards individual rights and strengthens family stability.

The law covers multiple aspects, including the requirements for marriage (Article 12), divorce procedures (Article 100), inheritance distribution according to religious principles (Article 30), and child custody regulations (Article 140), prioritizing the child’s welfare. It also addresses complex issues like mixed marriages, guardianship (wali), and irrevocable divorce (talaq bain), with specific clauses emphasizing the protection of children and women.

In light of the complexities of personal status cases, Al-Izzam Legal Consultancy plays a pivotal role in simplifying these matters, offering specialized legal advice that adheres to the Personal Status Law of 2005 and Sharia references. The firm focuses on clarifying individuals’ rights at every stage, from marriage contracts to resolving inheritance disputes, while emphasizing compliance with the law and religious values.

Key Provisions of the UAE's Personal Status Law of 2005

1. Marriage (Article 12)

Article 12 of the law states that marriage is a contract that must be solemnized in the presence of a judge or notary, adhering to fundamental requirements:

• Free Will : The marriage must be entered into voluntarily by both parties, without coercion or undue influence.
• Gender Requirement : One party must be male and the other female.
• Witnesses : The marriage contract must be witnessed, as stipulated in Article 12.

Religious Connection :
Islamic Sharia deems marriage a "solemn covenant" (Surah An-Nisa, Verse 21), requiring witnesses, aligning with the law. Additionally, Islamic law mandates the guardian’s (wali) consent for the bride, a requirement also reflected in certain cases under the law.

Role of Al-Izzam :
The firm provides guidance on marriage procedures, drafting legally sound contracts that comply with both legal and religious stipulations.

2. Divorce (Article 100)

Article 100 governs divorce procedures, prioritizing resolution through mediation or arbitration. It outlines the wife’s rights to maintenance and custody, requiring the husband to pay maintenance even if the wife refuses reconciliation.

Religious Connection :
Divorce in Islam is permitted but discouraged, emphasizing reconciliation (Surah An-Nisa, Verse 35). It is permitted only in cases of necessity, considering children’s interests, consistent with the law’s provisions.

Role of Al-Izzam :
The firm assists in divorce proceedings through litigation or mediation, ensuring the wife’s rights to maintenance and custody under Article 100 are upheld.

3. Inheritance (Article 30)

Article 30 regulates inheritance distribution based on religious principles, allocating shares according to Quranic guidelines. For example:

• Children’s Inheritance : A son inherits twice the share of a daughter (Surah An-Nisa, Verse 11).
• Parents’ Inheritance : The father inherits a quarter of the estate if the deceased is survived by a spouse or children, while the mother inherits a sixth or less.

Religious Connection :
Islamic Sharia’s principle of "a man is equal to two women in inheritance" (Surah An-Nisa, Verse 11) aligns with the law’s stipulations.

Role of Al-Izzam :
The firm assists in interpreting Article 30 and equitable inheritance division while respecting Sharia principles.

4. Child Custody (Article 140)

Article 140 governs child custody, granting primary care to the mother during early childhood (until age 9), prioritizing the child’s welfare. Custody may transfer to the father or others in exceptional cases, such as the mother’s inability to care for the child.

Religious Connection :
Islamic Sharia grants custody to the mother if she safeguards the child’s well-being, with exceptions permitted under necessity, as in the Hadith: "Custody belongs to the breastfeeding mother."

Role of Al-Izzam :
The firm offers advice on custody disputes, adhering to Article 140 and prioritizing the child’s best interests.

Legal and Religious References

Legal Provisions :

• UAE Personal Status Law of 2005 (Articles 12, 100, 30, 140).
• UAE Civil Procedure Law.

Sharia References :

• Quranic verses: Surah An-Nisa (Verses 11, 35).
• Prophetic Hadiths on marriage and divorce.

Services Offered by Al-Izzam Legal Consultancy in Personal Status Law

Al-Izzam Legal Consultancy is a leading firm specializing in the UAE’s Personal Status Law of 2005 , providing comprehensive legal services covering all aspects of family and social life, backed by deep expertise in legal texts and Sharia principles.

Key Services:

1. Comprehensive Legal Consultations :

• Marriage : Clarifying Islamic marriage requirements (Article 12), including free will, witness presence, and mixed-marriage conditions (Article 13).
• Divorce : Guidance on divorce procedures (Article 100), ensuring the wife’s rights to maintenance (Article 60) and custody.
• Inheritance : Resolving disputes and ensuring fair distribution according to religious and legal principles.
• Child Custody : Addressing custody rights (Article 140) and visitation disputes (Article 144) or custody withdrawal in cases of neglect (Article 142).

2. Legal Representation in Court :

• Full legal support in personal status cases, including:
  • Representation in court for divorce, maintenance, or inheritance disputes.
  • Submitting evidence (medical reports, certificates, legal analyses).
  • Monitoring litigation under recent amendments (e.g., 2021 reforms accelerating divorce procedures).

3. Alternative Family Mediation :

• Promoting amicable resolutions via negotiation or arbitration (Article 80) to avoid litigation tensions.
• Drafting legally binding agreements for maintenance, custody, or joint property disputes.

4. Specialized Services for Complex Cases :

• Polygamy (Article 17) : Advising on conditions for second or third marriages, including equitable treatment of wives and judicial approval.
• Adoption (Article 180) : Assisting with legal adoption procedures compliant with religious and legal standards.
• Guardianship in Marriage : Representing individuals in cases of unjust guardian refusal and obtaining court rulings to enable marriage.

5. Social Protection Support :

• Maintenance for Parents (Article 20) : Helping parents secure court-ordered maintenance from children.
• Domestic Violence Protection : Submitting temporary restraining orders or filing for damage-based divorce (Article 102) in threat or abuse cases.

6. Legal Updates and Training :

• Conducting workshops and seminars on the Personal Status Law of 2005 , including explanations of recent amendments (e.g., streamlined divorce processes).
• Issuing periodic legal reports for clients on updates in family law.

Why Choose Al-Izzam Legal Consultancy?

• Specialized Legal Team : Comprises attorneys experienced in personal status law, with in-depth knowledge of the UAE’s Law 2005 and Sharia principles.
• Transparency : Provides clear, tailored solutions for each case, avoiding unnecessary complexities.
• Client-Centric Focus : Works efficiently to resolve disputes while safeguarding all parties’ rights.

Conclusion

The UAE’s Personal Status Law of 2005 stands as a robust framework for regulating family and social relations, blending modern legislation with Islamic values to ensure fair rights and family stability. It addresses diverse issues, from marriage conditions (Article 12) to child custody (Article 140), with specialized clauses for guardianship, irrevocable divorce (Article 103), and post-divorce visitation (Article 144).

Al-Izzam Legal Consultancy emerges as a strategic partner in applying and enforcing the law, offering holistic services—from marriage contract drafting to inheritance disputes and alternative mediation (Article 80). The firm supports sensitive cases like adoption (Article 180) and parental maintenance (Article 20), strictly adhering to legal and religious guidelines.

Beyond dispute resolution, Al-Izzam stays updated on reforms, such as the 2021 amendments accelerating divorce and enhancing women’s protection. It also educates clients through workshops explaining complex clauses like child custody (Article 140) or polygamy conditions (Article 17).

Ultimately, the Personal Status Law of 2005 exemplifies the harmonious integration of law and faith. Al-Izzam’s expertise bridges legal complexity with ethical practice, ensuring dignity and family cohesion. For those facing personal status disputes, the firm offers wise, professional solutions to secure rights under the law and Sharia.