UAE Personal Status Law — Plain English Guide for Residents and Expats

March 26, 2026

UAE Personal Status Law — formally Federal Law No. 28 of 2005 and its subsequent amendments — is the primary legislation governing marriage, divorce, child custody, maintenance, and inheritance for Muslim residents of the UAE. It applies to all Muslims living in the country regardless of nationality.
For non-Muslim expatriates, this law also provides the reference framework unless they actively elect the civil personal status system introduced in 2022. Understanding the key provisions — in plain, accessible language — is essential for every Dubai resident navigating family legal matters.

What Is Personal Status Law?

Personal status law covers the legal rights and obligations that flow from family relationships — being a spouse, a parent, a child, or an heir. In the UAE, this law is rooted in Islamic Sharia principles and codified into a federal statute applying consistently across all seven emirates.
It is not the same as criminal law or commercial law. It deals specifically with the personal — your marriage, your children, your family obligations, and what happens to your assets when you die.

Marriage

• Marriage requires the genuine consent of both parties
• For Muslim women, a male guardian (Wali) must be present to conclude the marriage contract
• The groom must pay an agreed Mahr (dower) to the bride — this is a legal requirement, not optional
• Marriages must be registered with the UAE courts to be legally valid — an unregistered religious ceremony alone is not sufficient
• A Muslim man may marry up to four wives, subject to conditions of equal treatment

Divorce

• Talaq: The husband’s right to pronounce divorce — a revocable pronouncement during the Iddah becomes irrevocable after three pronouncements
• Khula: The wife’s right to initiate divorce, typically by returning her Mahr — even if the husband objects, the court can grant this
• Judicial divorce (Faskh): Court-ordered divorce on proven grounds — harm, non-maintenance, extended absence, imprisonment, or disease
• Mubara’ah: Mutual divorce by agreement — both parties consent to end the marriage and negotiate terms
• All divorces must be registered with the courts to be officially valid

Child Custody

• Mothers receive physical custody of boys until the child reaches 11 years old and girls until 13 years old — by default
• Fathers retain legal guardianship at all times — responsibility for major decisions and financial support
• After the default threshold ages, custody may transfer to the father unless the court determines otherwise
• If the custodial mother remarries, custody may transfer to the father or another appropriate relative
• Courts always retain power to depart from default positions based on the child’s best interests

Maintenance

• Husbands are legally obligated to financially support their wives during the marriage
• This obligation continues during the Iddah period after divorce
• Fathers are obligated to support their children financially regardless of custody arrangements
• Non-payment of court-ordered maintenance is actionable — enforcement tools include travel bans and wage garnishment

Inheritance

Islamic succession law (Faraid) applies to the estates of Muslims in the UAE. Assets are distributed among defined classes of heirs in proportions set out in the Quran. This system applies to both UAE nationals and Muslim expatriates. Non-Muslims without registered DIFC Wills may also find UAE inheritance law applied to their UAE-based assets — which is why DIFC Will registration is critical for non-Muslim expats.

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