Is the husband obligated to pay more than the maximum amount for the deferred dowry? Video

The legal advisor, Dr. Youssef Al-Sharif, confirmed that the maximum limit for the deferred dowry stipulated in the Personal Status Law, which is 30 thousand dirhams, applies exclusively to cases of marriage of citizens to female citizens. As for cases of marriage of residents or marriage of citizens to non-citizens, the law grants both parties or one of them the right of reliance. What was agreed upon in marriage contracts without a maximum limit.

Al-Sharif presented, in an episode broadcast by the “Emirates Today” newspaper on its social media platforms, within video episodes to shed light on the new articles in the Personal Status Law, the story of the marriage of a citizen to a woman of Moroccan nationality, as he stated that the husband concluded the marriage contract in the presence of his father. The bride and the witnesses, and it was agreed with him that the upfront bride price should be 20 thousand UAE dirhams, and the final price should be one million UAE dirhams.

According to the husband, he brought his wife to the state, but their life was not stable, and their relationship ended in divorce with one shot, and he did not have children from her.

His divorced woman filed a lawsuit demanding her rights, as she said that she received from her husband the advance dowry of 20 thousand dirhams, and she received her expenses, including the waiting period, but he did not pay the delay, which amounted to one million dirhams.

The husband said that “at the time of marriage, he agreed to the aforementioned deferred amount, believing that in the event of divorce, he would pay the maximum amount according to the Personal Status Law in the Emirates, which is 30 thousand dirhams, and that the lawsuit will not be accepted for anything more than that,” wondering if there is a legal text that currently requires him. By paying one million dirhams.

For his part, the legal advisor, Dr. Youssef Al-Sharif, responded to him by clarifying that the law stated that the lawsuit is not heard and did not say – do not accept -, stressing that the husband is obligated in such a case to pay a million dirhams in deferral to his divorced woman, as Article (1/3) of the Civil Status Law stipulates Personality stipulates that: “The provisions of this law apply to non-citizens, unless one of them insists on applying its law.”

The article indicated, taking into account the provisions of Article (12) of the Civil Transactions Law, which specifically states in Paragraph (1) that “the objective conditions for the validity of the marriage shall be due to the law of each of the spouses at the time the marriage is concluded.”
Al-Sharif stated that the Supreme Courts decided this matter with regard to the dowry of a foreigner married to a citizen, and said: “The legislator has set a ceiling for the deferred amount so that it cannot exceed in total more than fifty thousand dirhams, and if it exceeds that, the courts have been prevented from hearing the case.” “.

Al-Sharif continues that hearing does not mean non-acceptance, because deferral leaves a debt owed by the husband, meaning that God Almighty will hold you accountable for it on the Day of Resurrection, even if the judiciary does not hear the lawsuit for the sake of this organization.

He pointed out that the aim of this law is to facilitate the path to marriage and remove obstacles that stand in its way, such as excessive dowries, which prompt those wishing to marry to turn away from it and go to marry non-citizen women, which indicates that this law has limited the scope of its application to the case of marriage of citizens. “Emirati female citizens and no other foreigners.”