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Home PoliticsWhat is the ruling on the marriage of a madman or someone suffering from a mental disorder?

What is the ruling on the marriage of a madman or someone suffering from a mental disorder?

by Marwane al hashemi
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Insanity is a mental condition in which the sufferer loses the faculty of perception (or reason or consciousness), and is accompanied by a disturbance and weakness in the mental functions of the brain. Insanity is of two types: complete insanity, meaning that the sufferer has been afflicted with this defect since birth, and is usually difficult to cure, and non-complete insanity, meaning that the sufferer has recently developed it, or it alternates and goes away, and is treatable. As for the person who suffers from a mental disorder or what is described as (imbecile), he is of a mentally deficient mind without insanity, meaning that he is not in a sound mental state, or is mentally unfit, and is usually a person who is incapable of doing anything. As for the guardian’s marriage contract for an insane or imbecile, it has been legally decided, according to the text of Article 28 of the Personal Status Law of the United Arab Emirates, in accordance with the latest amendments in Federal Decree-Law No. 5 of 2020, that the guardian shall not contract the marriage of an insane or imbecile, or those in their position, except with the permission of the judge, and after the following conditions are met: the other party’s acceptance of marrying him after being informed of his condition, and that it is a disease that is not transmitted from him to his offspring, and that his marriage is in his interest, and the first two conditions are verified by a report from a committee of specialists, formed by the Minister of Justice or Islamic Affairs and Endowments, in coordination with the Minister of Health.

Looking at this legal text, we find that the legislator took into account the humanitarian aspects of this category, and restricted the issue of marriage with logical and objective conditions that take into account the interests of all parties.

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