the definition of marriage
What is the definition of marriage?
According to the definition stated in article 19 of Federal Law No. 28 of 2005, marriage is a contract legitimates the enjoyment between spouses, its aim is protection and forming a steady family under the husband’s care on basis ensuring to the spouses the assumption of its charges with affection and compassion.
It is stipulated that the marriage requires that the man should be suitably competent of the woman at the time of the contract only, and both the woman and her guardian have the right to request rescission at the lack of competency, and it does not affect the contract the loss of competency thereafter.
If the couple is of inadequate age, i.e. the man’s age is twice the woman’s or more, the marriage shall be held only with the knowledge and consent of the two parties and with the authorization of the judge, and the judge may not authorize it unless there is an interest in such marriage.
How does marriage acquire its legitimacy?
Marriage is conditioned upon the submission of a medical report from a competent medical Committee formed by the Minister of Health, certifying that the spouses are free of any disease that the law considers a ground for separation.
The marriage contract is documented from authorized Marriage Officials, and we will talk later about the required documents and procedures to complete and register the marriage in the UAE for Muslims and Non-Muslims.
Conditions that must be met of Marriage eligibility…
The Capacity to marriage is completed by reason and maturity. The age of maturity is 18 years, completed unless the concerned person matures earlier in conformity with the law.
- Whoever matures before reaching the age of 18 may not marry unless he obtains the authorization of the judge and after verifying the existence of interest.
- Should the person who has completed the age of eighteen request marriage but did not succeed in obtaining the approval of his guardian, he may raise the matter before the judge.
- The judge shall fix a period for the guardian, after his notification, to appear before him to present his argument. If the guardian fails to appear, or his opposition to the marriage is not convincing, the judge shall authorize the marriage.
Proxy in marriage is possible.
- The proxy may not marry his principal for himself unless it is so stipulated in the power of attorney.
- Should the proxy go beyond the limits of his authority, the contract is suspended?
Who is a proxy in Marriage?
The proxy in marriage is the father then the agnate by himself according to the heritance order: son, brother, then uncle. Should two proxies be equal in degree of kinship, the marriage concluded by any of them by his conditions is valid. The one authorized by the engaged female shall be appointed.
The proxy must be a male of sound reasoning, matured, not prohibited by pilgrimage or Omrah. Muslim if the power of attorney is to a Muslim person,
Should the most closely related proxy be in a protracted absence, his place of living unknown or not been able to be contacted, the proxy shall pass to the one following him in rank with the judge’s permission and, in case of prevention (i.e the proxy’s refusal) of marriage, the proxy shall pass to the judge. The judge is the proxy to whoever has no proxy.
The validity of the marriage is subject to the presence of two witnesses, males, of full age, soundly reasoned, hearing the words said by the contracting parties and aware that the aim of such words is marriage.
The two witnesses must be Muslims, but in case of necessity, two witnesses from Revealed religion may witness the marriage of a Muslim to a woman of such Revealed religion.
Now we move to discuss the kinds of marriage.
The kinds of Marriages:
Marriage is either valid or invalid. The invalid marriage includes defective and void marriages
A valid marriage: is one in which all elements and conditions are present and free of restraints and it produces its effects upon its formation.
- A defective marriage is one where some of its conditions are missing.
- A defective marriage shall not produce any effect before consummation.
A defective marriage shall, after consummation, produce the following effects:
1) the smallest of the specified dowry or the dowry of her peers.
3) The prohibition on account of affinity.
4) A waiting periods
5) Alimony as long as the wife is ignorant of the defectiveness of the contract.
A void marriage is a marriage where one of its basic elements is defective. A void marriage shall not produce any effect unless otherwise stipulated by this Law.
Now we talk about the spouses’ mutual rights:
1) The wife’s rights on her husband:
2) Not obstructing her from completing her education.
3) Not opposing her from visiting her ascendants, descendants, and brothers, and inviting them amicably.
4) Not interfering with her personal properties.
5) Not inflicting her physically or morally
6) The equitable treatment between her and the other wives, in case the husband has taken more than one wife.
Rights of the husband towards his wife:
1) obedience to him within what is righteous
2) supervision of the house and preservation of its contents.
3) Suckling his children from her unless there is an impediment.
we talk about the elements of marriage. What are the elements of marriage? The elements of a marriage contract are three:
1) The two contracting parties (the husband and the proxy).
2- the object
3) Offer and Acceptance.
Speaking of the first element (the husband and the guardian): The validity of the marriage contract is subject to the capacity of both parties. Should the capability be incomplete as in case of marriage of a minor capable of discernment, the marriage is valid upon the guardian’s authorization.
Concerning the second element: the object: legitimizing mutual enjoyment within what is allowed by law, and not doing what makes the marriage permanently or temporarily prohibited. Prohibitions of marriage are two kinds, permanently and temporarily prohibitions. Permanent prohibitions include prohibition due to kinship, and upon it, a person is prohibited to marry:
1) his ascendant to the highest degree
2) his descendant to the remotest degree;
3) descendants of one parent or both of them, to the remotest degree;
4) the first level of the descendants of one of the grandparents.
Due to affinity, a person is prohibited to marry: 1) someone who was a spouse of one of his ascendants to the highest degree, or one of his descendants to the remotest degree; 2) ascendants of the spouse to the highest degree; 3) descendants of his wife to the remotest degree in a consummated marriage. A person is prohibited to marry his descendant from adultery to the lowest degree or his daughter disclaimed for adultery.
A man is prohibited to marry the one he cursed as adulterous, after completion of the legal judgment of divorce is complete
What is prohibited due to fostering is what prohibited by kinship or affinity except what is excluded by law; under the two following conditions: 1) Fostering should occur in the first two years. 2) Fostering should reach five separated feedings. To identify the temporary prohibitions, we should mention the following points:
- Grouping, even during the waiting period, between two women who have prohibited relation, such as grouping a woman and her sister or her aunt from her father’s side of her aunt from her mother’s side or her brother’s daughter or her sister’s daughter.
2) Grouping more than four wives.
3) The wife of another man.
4) A woman in her waiting period from another man.
5) a woman in irrevocable marriage may not marry her former husband unless after the end of her waiting period from another husband in a truly consummated valid marriage.
- A prohibited woman on account of pilgrimage or Omrah.
7)A non-Muslim woman unless she is on a Revealed religion.
8) The marriage of a Muslim woman from a non-Muslim man.
Finally, speaking of the third element “the offer and acceptance” we mean:
The offer is the words pronounced first from one of the contracting parties indicating his satisfaction of the contract and acceptance of the words pronounced from the second party indicating his acceptance to what the first party offered.