Dr. Mohamed Abouelenein, Senior Legal Consultant, Arbitrator, Exclusive Chairman and Founding Partner of JM Advocates, was invited on Al Dafrah TV to discuss the new UAE Personal Status Law No. 41 of 2024, which comes into effect today, 15 April 2025, replacing Federal Law No. 28 of 2005.

This law reflects the UAE’s commitment to aligning its legal framework with current societal needs, ensuring fairness and clarity in personal and family matters.

Federal Decree Law No. 41 of 2024 introduced several key reforms related to child custody, neglect, updated provisions on marriage and divorce, and the overall welfare of children. These amendments came into effect on April 15, 2025.

The new legislation imposes significantly stricter penalties, ranging from AED 5,000 to AED 100,000, for offenses such as assaulting a minor, unauthorized travel with a child, abuse, neglect of a child’s rights, or failure to provide the necessary care and support expected of a parent.

This law replaces Federal Law No. 28 of 2005 on Personal Status and cases will now be heard by the competent family courts in accordance with modern legal procedures. However, it also provides an opportunity for reconciliation before the dispute proceeds to adjudication.

The updated law grants jury’s greater flexibility in applying Sharia-based rules in cases where no specific legal provision exists. This empowers the jury to rule in the best interests of the parties involved, without being bound to a single school of thought.

It is worth noting that the Decree-Law exempts certain matters—such as wills, inheritance, summary and temporary lawsuits, and urgent orders related to alimony, custody, and guardianship—from being referred to the Family Guidance Committees. It also excludes cases where reconciliation is not feasible, such as those involving the proof of marriage or divorce, in order to expedite the resolution of these time-sensitive disputes. However, if reconciliation is achieved before the Family Guidance Committee, it must be documented in the official minutes, signed by both the judge and the parties involved, and shall carry the authority of an executive document.

Under the new law, the age of custody has been reduced from 21 to 18 years. Daughters remain in custody until marriage, while judges now have the discretion to refer to Sharia law in cases where the legislation does not provide a clear provision. This marks a significant shift from the previous law, which ended custody at age 11 for boys and 13 for girls. Moreover, custody may be extended with the mother or current custodian if social reports indicate that the child requires continued care and support.

The Decree-Law introduces a significant provision which grants children the right to choose which parent they wish to reside with upon reaching the age of 15. In cases where the custodian is a mother of a different religion than the child, the court is required to reassess the custody arrangement, ensuring that any decision aligns with the best interests of the child. This represents a notable departure from the previous law, which mandated that custody by a non-Muslim mother would end once the child turned five. Another key amendment prohibits the use of force to enforce custody rulings if the child refuses to live with the designated custodian, recognizing the potential psychological harm such enforcement could cause.

Equal travel rights for parents:

According to Article 116 of the new Law, either parent could travel with their child on one or more occasions in a year, upto for 60 days. However, these days can be changed under the special circumstances such as any medical treatment or other necessary needs.

The Children has now right to choose custodian with whom they want to live, Furthermore, If anyone of the parent travel with the child in custody without the consent of his guardian or the Court might face the penalty of imprisonment or a fine not less than AED 5000 and not more than AED 50,000.

However, non-Muslim citizens and certain UAE residents may choose to be governed by an alternative legal framework. Additionally, the new law may also be applicable to non-UAE residents, subject to specific conditions.

The rule of law regarding the marriage is still the same any women at the age of 18 can marry someone, but in case where women is below 18 and wish to marry will require an approval of a judge.

However, for a Muslim women resident of UAE and wish to get married in the country, is no longer required approval of a guardian, if the home country laws do not require a consent of the guardian to get married, as the old law was abolished for this condition.

The Decree-Law also recognizes the mutual consent of both spouses in the decision to divorce, marking a significant amendment that promotes equality between them. It allows either spouse to file for divorce in cases involving harm such as the husband’s failure to provide financial support, physical or psychological abuse, addiction, or the use of drugs or psychotropic substances. This provision safeguards the right of either spouse to avoid being bound to remain in a marriage with someone whose behaviour endangers their well-being or the safety of the family.

Under the new law, any items exchanged during the engagement are generally considered as a gift unless they are part of the mahr (dowry). In the event the engagement is called off, any valuable gift whose value is exceeding AED 25,000—must be returned, along with any dowry paid in advance. However, if the engagement is terminated without fault from either party, or if one party passes away, the return of such gifts is not required.

The Decree-Law also introduces new provisions governing wills, allowing their validity even when the testator and the legatee are of different religions—whether they are spouses, relatives, or others. It further stipulates that if a bequest cannot be executed for any reason, it will revert to the deceased’s estate and be distributed as inheritance. In cases where the deceased has no legal heirs, the estate will be designated as a charitable endowment, managed by the relevant authorities upon approval by the competent court.

Moreover, the Decree-Law restricts bequests to legal heirs, permitting them only under two specific conditions: first, if the adult heirs consent to the bequest, limited to the portion of their own share; and second, if the court determines that the bequest serves a compelling interest

In addition, the New Decree law introduces a more structured and comprehensive framework for resolving disputes, thereby reducing dependency on judicial discretion and promoting consistency in legal outcomes.