The UAE legal system is founded on civil law principles influenced by Egyptian law and Islamic Sharia law. Sharia law constituting the guiding principle and source of the law in the UAE.
UAE legislation is formulated into a number of major codes providing for general principles of law with a significant amount of subsidiary legislation added over the years. The UAE expanded its legislation to include a comprehensive body of federal legislation. These are manifested in form of federal codes of law and emirates' laws issued as decrees by the ruler of each emirate. Personal Status Law is Sharia based and covers marriage, divorce and succession. The courts' interpretations of family law provisions are based on the Sharia, which the UAE mandates is used as the primary legal justification on matters involving family law. Legal services in Dubai will assist you in understanding Sharia law and how it will apply in any particular case. The UAE Constitution emphasizes the role of family as the basis of society. This is founded on patriotism, religion, morality and ethics. The Constitution also provides for society to be responsible for protecting childhood and motherhood.
In the UAE different roles are assigned to mothers and fathers. These differences are laid down in the descriptions of guardians and custodians.
Guardian
A guardian of a child financially maintains the child, makes important decisions about the child's education and upbringing, and generally takes care of the child's affairs.
Custodian
The custodian, on the other hand, is concerned with the child's day-to-day life. The custodian has actual, physical custody of the child and must raise, take care, educate the child.
The law is only concerned about the wellbeing of the child. In most divorce cases in the UAE the child’s custody will be granted to the mother if she is deemed fit. Law firms in Dubai firm on Sharia law will assist in understanding and advising proper cause of action.
Divorces for Emirati’s and expats differ as a divorce of an Emirati couple falls under UAE law and here Sharia law. Whereby for expats there is a choice of jurisdiction. The jurisdiction could be the wife’s or the husbands home country or the local UAE court, this irrespective of where they live during the divorce. Depending on the home country different rules will apply; this is also applicable when children are involved in the divorce. An attorney in Dubai, preferable from your home country will provide the best legal advise.
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