Corrupt Marriage The definition Effects The difference from the false void marriage The UAE Personal Status Law defines marriage as a contract stipulating WhatsApp: +971555570005
Corrupt Marriage The definition Effects The difference from the false void marriage
The Corrupt Marriage
The definition – Effects- The difference from the false\void marriage
The UAE Personal Status Law defines marriage as a contract stipulating that one spouse enjoys the other under the rule of Shari’a, and its purpose is to settle and establish a stable family under the care of the husband, on the bases of securing that they will bear it`s burdens with compassion and mercy.
However, the legislator has stated that certain marriage contracts are not accurate, might be corrupt or invalid, as stated explicitly in Article No. 57 of the UAE Personal Status Law No. 28 of 2005 : “ Marriage is accurate or inaccurate includes corrupt and false.
The accurate \ inaccurate marriage is Depending on the extent to which the marriage meets the conditions and elements stipulated by the law which considered essential for the accuracy of the marriage, the legislator considered marriage valid if its conditions and conditions were met and its impediments ceased, based on Article No. 58 of the UAE Personal Status
Definition of corrupt marriage:
A corrupt marriage is a marriage that did not fulfill all of its conditions, such as marriage without a guardian or without witnesses, or only one witness instead of two as defines in Article no. 59 : “the corrupt marriage is which certain conditions are defected ”
Thus, the marriage, which was defected, named by the legislator (a corrupt marriage), which is included with the void marriage under the name of the inaccurate marriage, differentiating from the right marriage, which all its conditions and elements were met.
Effects of corrupt marriage:
As for the effects of marriage, such as the dowry and the entitlement of the dowry, and others, they are divided into a corrupt marriage between two cases, before and after the penetration, whether it was happening after the couple had intercourse. As the corrupt marriage does not has any effects before penetration, it is like the void marriage as indicated in Article No. 59: “ A corrupt marriage does not has any effect before penetration” .
However, if after the corrupt marriage the penetration happened it will cause owed effects as states in Article 60, which states:
A corrupt marriage after penetration has the following effects:
1) The lesser of the dowry is named as alike dowry.
2) Paternity evidences .
3) The inviolability of marriage.
4) Iddah days
5) Alimony as long as the woman was not aware of the corruption of the contract.
It is clear from the text of Articles No. 59 & 60 that the legislator distinguished between the effects of the corrupt marriage in two cases. The first case; is that if the marriage is followed by penetration, then it shall has certain effects such as determining the paternity, the inviolability of marriage, the Iddah and others.
Differences from false\void marriages:
To clarify the false marriage we state that the false marriage is which one of its elements is defected. Such as if a man married a fifth woman, or his marriage to a woman who later turns out to be his sister in breastfeeding. Article No. 61 defines the false marriage as follows: “The false marriage is which one of its elements is defected” .
As for its effects, Article no. 61 affirmed that it is a marriage without effect.
“A false marriage shall not has any effect unless otherwise provided in this law.” Therefore, the false marriage does not result in any effect as if it did not exist, whether it was followed by or not followed by the penetration, moreover, the penetration after the false marriage is considered adultery requires to swing the sword., for example the Marriage of a Muslim to a non-Muslim.
The basic difference between a corrupt marriage and a false\ void marriage is the effects of this marriage. A false marriage is a marriage that has no effect, whether it is followed by or not followed by penetration, whereas the corrupt marriage has no effect if it was not follows by penetration. If the penetration was happening after the corrupt marriage, it will has the following effects; Iddah, Paternity determination and others
As a result, the detachment in the corrupt marriage applies by a divorce or cancellation. However the detachment at the false marriage applies without divorce or cancellation.
At the end of this article we state that the clarification of Shari’a and the law for the content and effects of both marriages ( corrupt marriages and false marriage ) was for the sake of establishing and complete the marriage in its clear legal form , which results in achieving the goal of marriage and the establishment of a stable family on the basis of the compassion and mercy.
Mohamed Mahmoud Al Marzooqi law firm
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE