UAE Islamic culture and law allow polygamy, giving a man the right to marry up to four wives contemporaneously, provided that he treats his wives fairly and does not differentiate between them.
For example, if a man has more than one wife, he must provide them all with the same standard of accommodation. He must also divide his time equally between the wives.
Marriage as a Legal Bond in UAE Law
The Importance of Marriage Contracts
Under UAE Law, marriage is the only legal bond for a man and a woman to establish a relationship and form a family. The law identifies marriage as a legal contract between a man and a woman, aimed at protecting the rights of the couple and their children.
Considerations for Marrying a Man with Multiple Wives
It is therefore vital when getting married (especially to a man who already has a wife or wives) that the contents of the marriage contract are carefully considered.
Special Conditions in Islamic Marriage Contracts
Adding Conditions to the Contract
Both parties to the marriage contract may request the addition of special conditions in their marriage contract, provided these conditions are compliant with Sharia principles.
Right to Divorce in Case of Additional Marriages
Although Sharia allows the man to have up to four wives, a condition may be added to give the woman the right to divorce her husband should he choose to take a second (or additional) wife without her consent. In such situations, seeking advice from a divorce lawyer in Dubai can help ensure your rights are fully understood and upheld.
Adjustments to Dowry in Case of Additional Wives
While UAE law stipulates the amount of dowry payable in Emirati marriages, non-Emiratis entering into an Islamic marriage contract may want to include a condition in the contract that provides for an increase in the dowry if the husband marries an additional wife without the original one(s) consent. The conditions must be agreed upon by both parties before the marriage contract is signed.
Rights of the Wife Under UAE Personal Status Law
Husband’s Obligations Towards His Wife
The Personal Status Law No 28 of 2005 provides guidance on the rights of the wife. Below are some extracts outlining those rights:
Article 55: Husband’s Obligations
- Alimony.
- Non-obstruction to complete her education.
- Non-opposition to visit her ascendants, descendants, and brothers.
- Non-interference with her personal properties.
- Non-infliction of bodily or moral prejudice to her.
- Equitable treatment between her and the other wives, in case the husband has taken more than one wife.
Seeking legal advice on family law in Dubai can clarify these obligations and ensure they are enforced if a conflict arises.
Rights Regarding Accommodation
Article 76: Husband’s Right to Accommodate Others
- The husband may accommodate, with his wife, in the conjugal domicile, his parents and children from another woman as long as he is financially in charge of them, provided no prejudice is caused to the wife from such accommodation.
Article 77: Wife’s Rights in Case of Co-accommodation
The husband may not accommodate with his wife another wife of his unless she accepts, provided she can go back on this acceptance whenever it becomes detrimental to her.
When disputes over such arrangements arise, consulting a divorce lawyer in Dubai can help resolve issues and protect your legal rights.
Head of Family Law / Senior Consultant