Marriage contracts usually have a standard format, however, special conditions can be added to marriage contracts. These special conditions may grant different rights to either party, but we have seen a prevalence of conditions that focus on granting additional rights to the wife.
An example of these special conditions gives the wife the right to file for divorce on her own behalf. However, you can only do this if the husband marries someone else before his death. This right is important to the wife.
Another recurring special condition is one that entitles the wife to a large amount of Mahar or what is known generically as a dowry. This Mahar should generally not be high, however the contract often stipulates a high amount and this can be defined in terms of a high value cash amount or, for example, a number of gold coins. Nowadays it is common to have a high level of Mahar to be able to provide a good image in the community.
There are significant implications for such a marriage status, especially as it encourages women to marry by the Mahar, and it can also give them the right to divorce shortly after receiving their Mahar. A marriage contract with such a special condition that it refers to Mahar allows the wife to claim the Mahar in advance, upon request, or upon divorce. This right can cause certain problems for a husband due to the fact that he must contractually pay the Mahar once the wife demands it. This right is also an obligation that cannot be easily waived, and certainly cannot be waived by the husband himself. Instead, it can only be waived with the express written consent of the wife.
The relevant law, based on Shariah, is Law No. 28 of 2005, the Personal Status Law (PSL). The relevant articles are 49-53, which we will now look at in more detail.
Article 52 defines the moment (s) when the wife can claim and also limits her rights in certain circumstances. As described above, the Mahar can be requested in advance, at the time of contract, or after marriage. There is also the option of paying partially, which the wife must accept. The husband’s obligations are halved when the wife has been previously divorced.
Article 53 refers to situations where the husband refuses to pay the amount agreed in the signed contract, but the marriage contract has already been concluded. In this case, any decision of the court will be biased against the husband in this case.
Article 55 grants full property rights and judicial administration of Mahar to the wife. You can ask to invoke your right when you decide.
Article 57 codifies this right and establishes that once the right is granted in the contract, it must, in all circumstances, be granted “as agreed”.
Unfortunately, UAE laws do not provide any space to lower or lower the Mahar and therefore agreements are important to secure certain positions. We advise on external or subsidiary agreements at the time of marriage.