Key Amendments and Legal Implications of Federal Decree-Law No. 41 of 2024 on Personal Status for Muslims in the UAE

Key Insights

• Federal Decree-Law No. 41 of 2024 significantly reforms personal status law for Muslims in the UAE, emphasizing flexibility, family stability, and child welfare—matters often addressed by Law Firms in Dubai
• Judges in Dubai Courts and Abu Dhabi Court can now interpret Sharia Law based on public interest without being tied to a specific jurisprudential school, enabling modern and context-sensitive rulings.
• Pre-trial reconciliation through family guidance centres is promoted to reduce case loads and enhance amicable resolutions—an area supported by professionals at Horizons and Co Law Firm.
• Marriage and divorce laws now give more rights to women, require formal court documentation, and prioritize reconciliation efforts, aligning with broader reforms.
• New provisions govern engagement gifts and dowry rights, clarifying financial entitlements and protections—often requiring notarization by a Notary Public Dubai.
• Inheritance and wills are overhauled: cross-religious wills are now valid, and misuse of a minor’s inheritance is criminalized, strengthening UAE Inheritance Law protections

The United Arab Emirates has undertaken comprehensive reforms in personal status legislation for Muslims. The new law, which came into effect on 15 April 2025, introduces critical amendments that reinforce family stability, promote child welfare and enhance the rights of women—all while maintaining adherence to Islamic Sharia principles with greater flexibility. We summarise the key changes as follows:

1. Expansion of Judicial Discretion

Judges are now explicitly empowered to apply the general principles of Islamic Sharia without being bound to a specific jurisprudential school, provided such application serves the public interest and the best interest of the family. This marks a shift toward judicial reasoning (ijtihad), enabling the judiciary to address contemporary family disputes with greater flexibility and relevance.

Analysis: This amendment significantly enhances judicial flexibility, allowing judges to interpret and apply Sharia principles in a modern and contextually appropriate manner. By not being bound to a specific jurisprudential school, judges can make decisions that better reflect the complexities of contemporary family life, ultimately leading to fairer outcomes.

2. Reform of Family Guidance and Reconciliation Centres

Before referring a case to the competent court, judges may now refer the parties to a family guidance and reconciliation centre to attempt amicable resolution—except in matters such as

wills, inheritance, urgent or temporary matters (e.g., maintenance, custody, guardianship), or cases where reconciliation is not possible (e.g., proof of marriage or divorce).

If reconciliation is achieved, the resulting agreement—upon judicial approval—will be treated as an enforceable instrument, reducing the need for protracted litigation.

Analysis: This reform aims to alleviate the burden on courts by promoting amicable settlements through family guidance and reconciliation centres. By resolving disputes outside the courtroom, it encourages more efficient and less adversarial resolutions.

3. Provisions on Engagement (Betrothal)

Gifts During Engagement

• Consumable gifts (e.g., food, perfume, flowers) cannot be reclaimed if the engagement is broken off.
• Non-consumable or high-value gifts (worth more than AED 25,000) may be reclaimed if there is proof that their giving was conditional on marriage.
• These provisions aim to promote fairness and prevent exploitation or arbitrary claims after the engagement ends.

Dowry (Mahr)

• If the engagement ends before marriage without a valid reason, neither party is entitled to the dowry.
• If the engagement is terminated after the marriage contract, but before consummation, pre-consummation divorce rules apply (e.g., half the dowry if specified).

Analysis: These provisions aim to ensure fairness and transparency in engagements. By clearly defining the conditions under which gifts and dowry can be reclaimed, the law protects both parties from financial exploitation and arbitrary claims, promoting a fairer engagement process.

4. Marriage Provisions

• A wife may lawfully refuse to consummate the marriage or move into the marital home until she receives her prompt dowry and the husband provides suitable accommodation in accordance with his financial capacity.
• The legal age for marriage is set at 18, with exceptions subject to Cabinet approval.
• For non-citizen Muslim women from jurisdictions that do not require guardian consent, such consent is not required in the UAE.

5. Divorce-Related Amendments

Types of Dissolution (Article 52): Five forms are recognised—divorce, judicial divorce, khul‘ (wife-initiated separation), annulment and death of a spouse.

Divorce Documentation: Repeated verbal, written or gestural divorces are counted as a single instance. Divorce must be documented by the husband at court. A wife may file a claim to prove divorce and seek compensation equivalent to maintenance from the divorce date until documentation, if delayed by the husband.

Annulment Due to Harm (Article 72): If harm is not proven, the case is dismissed. If discord continues, the affected party may file a new case after either the final judgment or six months from the judgment—whichever is later. This curbs spousal delay tactics and safeguards access to annulment.

Reconciliation Documentation (Article 59): The husband must document divorce and reconciliation within 15 days at the competent court. Failure permits the affected spouse to claim compensation for the delay. Even if divorce was not documented, reconciliation must still be reported within the timeframe and the wife notified.

Family Arbitration in Harm-Based Divorce: If reconciliation fails, both spouses must appoint family arbitrators within a court-specified period. If they fail, the court will appoint arbitrators (preferably from each family) to attempt reconciliation within 60 days (reduced from 90 days). This ensures quicker protection of the harmed party.

6. Custody Amendments

• Custody age is unified at 18 for both men and women.
• Children aged 15 and above may choose which parent to reside with.
• Non-Muslim mothers may retain custody beyond age five if it serves the child’s best interest.
• Guardianship Regulation: The father or another guardian remains responsible for the child’s discipline, upbringing and education. However, the custodial mother may be granted educational guardianship if it better serves the child’s welfare.

Analysis: These amendments prioritise the child's best interest, providing flexibility in custody arrangements and recognising the significant role of non-Muslim mothers in child-rearing. By allowing children to choose their residence and granting educational guardianship to custodial mothers, the law supports the overall well-being of the child.

7. Wills

• Article 172: A condition in a will that violates the law, public order or morals is void, but the will itself remains valid.
• Article 173: A will is executed from one-third of the estate after settling debts and funeral expenses.
• Article 182: Wills between persons of different religions—including spouses and relatives—are valid.
• Article 193: (1) A will exceeding one-third of the estate is only valid to the extent approved by the heirs. (2) If the testator has no heirs, the will may exceed one-third. (3) If the spouse is the sole heir, the will may also exceed their share.

Second: Penal Provisions to Protect the Family

For the first time, the law introduces criminal penalties for actions that endanger family stability, including:

• Misappropriation of a Minor’s Property: Punishable by imprisonment and/or a fine of AED 5,000–100,000 for anyone responsible for a minor who misuses, embezzles, conceals, or improperly disposes of the minor’s assets or documents without court approval.
• Damage to a Minor’s Property by Negligence or Fault: Same penalties apply.
• Refusal to Handover a Minor’s Documents: Imprisonment and/or a fine of AED 5,000–100,000 for unjustified refusal to hand over documentation or accounts.
• Misuse of a Minor’s Property After Guardianship Ends: Same penalties apply.
• Traveling Abroad with a Child Without Permission: A guardian traveling with a child outside the UAE without court or co-parental consent is subject to imprisonment and/or a fine of AED 5,000–50,000.
• Concealment or Misappropriation of Inheritance: Imprisonment and/or a fine of AED 5,000–100,000 for anyone—including heirs—who hides, destroys, or fraudulently seizes part of the estate.
• Public or Online Insult of a Parent: Punishable by imprisonment and/or a fine of AED 5,000–100,000 for publicly or digitally insulting a parent.

Conclusion

Federal Decree-Law No. 41 of 2024 represents a profound legislative advancement in the UAE’s personal status framework for Muslims. It reinforces the state’s commitment to modernising family law, prioritising child welfare, empowering women, safeguarding minors’ rights and ensuring justice and dignity for all family members. As it takes effect in April 2025, it calls on legal professionals and families to adapt to a more equitable, protective and progressive legal system.