Is the husband obligated to pay more than the maximum amount of the dowry back? .. Video
Legal Adviser Dr. Youssef Al-Sharif confirmed that the maximum dowry delay stipulated in the Personal Status Law, which is 30 thousand dirhams, is applied exclusively to cases of marriage of citizens to female citizens. What was agreed upon in the marriage contracts without a maximum.
Al-Sharif presented, in an episode, broadcast by the newspaper "Emirates Today" on its social media platforms, in 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 bride-price should be 20 thousand dirhams, and the last one million dirhams.
According to the husband, he brought his wife to the state, but their lives did not stabilize, and their relationship ended in divorce with one shot, and he did not have any children from her.
His ex-wife filed a lawsuit claiming her rights, as she said that she received from her husband, a dowry provider of 20 thousand dirhams, and obtained her expenses, including the maintenance of the waiting period, but he did not pay the backside, which amounted to one million dirhams.
The husband said that, "at the time of marriage, he agreed to the aforementioned amount of the arrears, believing that in the event of divorce he would pay the maximum amount according to the Personal Status Law in the Emirates, which is 30,000 dirhams, and that the lawsuit is not accepted for anything more than that, wondering whether there is a legal text that obligates him now." Paying one million dirhams.
For his part, the legal advisor, Dr. Youssef Al-Sharif, responded by clarifying that the law stated that the case was not heard and did not say - it is not accepted -, stressing that the husband is obligated in such a case to pay one million dirhams to his ex-wife, as stipulated in Article (1/3) of the Status Law Personal as: “The provisions of this law shall apply to non-citizens, unless one of them adheres to the application of his law.”
The article indicated, taking into consideration 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 refer to the law of each of the spouses at the time of the conclusion of the marriage.”
Al-Sharif stated that the higher courts decided this matter with regard to the dowry of a foreign woman married to a citizen, and said: “The legislator has set a ceiling for the deferred payment in such a way that it may not exceed in total fifty thousand dirhams, and if it exceeds that, the courts have been prevented from hearing the case. ".
And Al-Sharif continues that hearing does not mean non-acceptance, because the one who is late remains 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 did not hear the case for this organization.
He pointed out that the aim of this law is to facilitate the means of marriage and to remove obstacles that stand in its way, such as excessive dowries, which push those wishing to marry to pay attention to it and go to marry non-nationals, which indicates that this law has limited the scope of its application in the event of the marriage of citizens. Citizens of the UAE and not other foreigners.
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