What is the age of consent in UAE? Can an adult daughter marry without parent’s consent?

There have been various speculations surrounding the matter of the age of consent in UAE for marriage, especially for women. Marriage laws vary widely across the world, and in the UAE, one critical aspect that often sparks discussions is the role of parental consent, particularly when it comes to adult daughters. 

In this blog, we will explore the rules for women in Dubai surrounding parental consent for adult daughters, the role of Sharia law, and the legal framework designed to protect women’s autonomy in marriage decisions.

Legal Framework for Marriage in the UAE

Under UAE law, marriage is defined as a formal and lawful union between a man and a woman, where both parties consent to the relationship. 

The marriage must be registered with the authorities, and a valid contract must be established. This contract is governed by both UAE civil law and Islamic Sharia law, which plays a prominent role in the country’s personal status laws.

UAE follows Personal Status Law, Federal Law No. 28 of 2005 for marriages. According to the law, the legal age for marriage in the UAE for Muslims is 18 years for both men and women. 

This is an important distinction as it ensures that both genders have reached a certain level of maturity before entering into a legally binding contract. 

For minors (those under 18 years of age), parental consent is required for a marriage to be legally valid. According to Article 38 of the Personal Status Law Parents or legal guardians have the right to decide on the marriage of their minor children. 

However, once a woman reaches the age of 18, she is considered an adult under UAE law, and parental consent is no longer required in most cases. This shifts the conversation toward adult daughters and the boundaries of parental involvement in their marriage decisions.

Parental Consent for an Adult Daughter’s Marriage

Under Islamic law, a Muslim marriage requires consent from a “tutor” (wali), usually the father, followed by other male relatives in order, as stated in Article 32 of the Personal Status Law.

In certain cases, parents may try to prevent their adult daughter from getting married, even though she is legally an adult. Parents can raise objections, but the law in the UAE generally does not grant them the authority to stop an adult daughter’s marriage if she has reached the age of consent in UAE.

The daughter has the final say in choosing her spouse, as long as she is of legal age and there is no evidence of coercion or undue influence.

The legal framework in the UAE supports a woman’s right to choose a spouse once she has attained legal adulthood. 

Exceptions to Parental Consent

In certain situations, parental consent is not necessary for a woman’s marriage, even if the parents refuse. If the parents’ refusal is deemed unreasonable or unjust, the woman may marry without their approval. 

The UAE legal system protects women from being forced into marriages and provides avenues for women to challenge parental objections when they feel their autonomy is being undermined by setting an age of consent in Dubai.

Cases where a woman can marry without parental approval typically involve situations where the parents’ refusal to consent is deemed to be unreasonable, such as when the daughter’s personal freedom is at risk. Article 30(3) grants an adult daughter the right to petition if she faces opposition from her wali. 

UAE courts have ruled in favor of the woman’s autonomy, allowing her to marry even against her parents’ wishes, provided that she has reached age of consent in UAE and not coerced into the union.

Parental objections are generally not enforceable unless there is a compelling reason to interfere. The law places a significant emphasis on a woman’s right to make her own choices, provided there are no legal or ethical issues surrounding the union.

Women’s Autonomy in Marriage Decisions

One of the most significant rights for women under UAE law is the ability to choose their spouse once they reach adulthood. 

Although parental consent still carries cultural significance, especially within traditional families, women are legally free to make their own choices about marriage without parental approval once they have reached the age of consent in UAE.

UAE law protects women from being forced into marriages against their will. If there is any indication that a woman is being coerced or manipulated into a marriage, the courts have the authority to intervene and protect her rights. Women have legal recourse to challenge forced marriages and other forms of coercion.

Conclusion

While parents may play an influential role, the law recognizes the autonomy of adult women to choose their spouse once they reach the legal age of consent in UAE. 

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