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family law

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March 16, 2017

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UAE Family Matters Q&As: Can I Remarry My Ex-Husband if My Father Refuses Consent?

Question: I am an Asian Muslim woman who married my husband in an Islamic marriage ceremony. After a few years married, we divorced and the Iddat period passed, making the divorce final. Afterwards, my husband apologised and wanted to marry me again. I found out that I would need to do a new marriage contract with him again and, when I told my father, he refused. I know that in Islam the marriage requires the father/guardian's consent but, in my case, my father does not believe there is any point in me remarrying the same person. Is there any way in law I could marry my ex-husband without my father's consent?

Answer: In general, the guardian's consent is mandatory to conclude the marriage of any Muslim woman. However, your case is special and the law gives exception in Article 108, which states that "the husband may restore his revocably divorced wife as long as she has not completed the waiting period. Waiving this right shall not extinguish it. If the waiting period has elapsed, she may return to him without her guardian's permission if he refuses to marry her to him, provided that her first marriage to him was concluded with the consent of her guardian or the court order." So, with this in mind, you should be able to remarry your ex-husband without your father's blessing.

Question: My father died. I am a Muslim woman who is seeking to marry a Muslim man. I know I need my guardian's (father's) permission, so what can I do?

Answer: In cases like this, where the guardian is deceased, if you have a brother, your brother could be your guardian. If you do not have brothers, your paternal uncle could be your guardian. If you do not have either, then the judge could be your guardian as per Article 35 of the UAE Personal Status Law. If you have a brother but he is outside of the country, he could issue a power of attorney to another man and have it attested by the foreign ministry where he lives and the UAE Embassy in that country. Once you receive the power of attorney, you will have to complete the attestation process here. After this procedure, it could be used on his behalf to approve the marriage.

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