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Marriage sans consent is over

Mohsen Rashid
Filed on November 28, 2006

Dubai — The Dubai Court of Cassation has upheld a verdict issued by the Shariah Court ordering the termination of a five-year marriage between a national woman and an Egyptian man after the wife’s guardian filed a lawsuit against it saying it was solemnised without his consent.

The case unfolded when the woman’s brother filed a lawsuit on behalf of his father (her guardian) before the Dubai Shariah court in July, against the couple who have a daughter.

The plaintiff demanded the termination of the marriage contract, as it was signed without the consent of the guardian of the wife (according to Shariah). The husband argued that since the marriage was done in mid-August 2000 in Egypt it had become subject of the Egyptian personal status law. A previous civil lawsuit, issued in Egypt, resulted in validating the marriage.

However, the court referred to the personal status law, whereby each one of the spouses needed to obey the laws of his or her country of origin, and since the wife was a UAE citizen, the UAE law stipulated that no marriage of an adult or minor female was valid without guardian’s approval. The court thus recommended termination of the marriage contract.

Meanwhile, the husband appealed against the verdict, arguing that the marriage lasted since the year 2000 without any lawsuits, what should be considered as evidence that her father had no objection to it. He also stated that they were living in the UAE and were maintaining good relations with the wife’s family.

He also urged the court to confirm the authenticity of the power of attorney granted to the sons by their father (guardian), who lacks basic skills of reading and writing. The appeal, however, was rejected.

The husband then moved the Court of Cassation, which too upheld the previous verdict and pulled the curtain down on the case by terminating the marriage.


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