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Tag Archive for: Applicability to Foreign Muslims

Abu Dhabi Court of Cassation on Civil Family Law and Muslim Foreigners: Has the Tide Turned?

November 15, 2024/1 Comment/in Views/by Béligh Elbalti

Written by Lena-Maria Möller,

College of Law, Qatar University

 

The recent introduction of a civil family law regime in the United Arab Emirates – the first of its kind in the region – has attracted considerable attention, both on this blog and beyond.[1] A key unresolved issue has been the law’s applicability in Abu Dhabi, particularly regarding access for Muslim foreigners to the emirate’s newly established Civil Family Court. Scholars and legal practitioners navigating this new framework have long observed a surprising discrepancy, if not an ideological tension, between the law’s drafters and those interpreting it, especially at the higher court level. Central to this divergence has been whether Abu Dhabi’s Law on Civil Marriage and Its Effects (Law No. 14/2021 of 7 November 2021, as subsequently amended) and its Procedural Regulation (Chairman Resolution No. 8/2022 of 1 February 2022) apply exclusively to non-Muslims or extend also to Muslim foreigners who are citizens of non-Muslim jurisdictions. A recent judgment by the Abu Dhabi Court of Cassation in late October affirmed jurisdiction over Muslim foreigners with dual French-Moroccan nationality, marking a potential shift in personal jurisdiction. This ruling may expand access to a legal framework devoid of religious underpinnings for many Muslim expatriates in the UAE.

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https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png 0 0 Béligh Elbalti https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png Béligh Elbalti2024-11-15 02:51:182024-11-15 08:36:39Abu Dhabi Court of Cassation on Civil Family Law and Muslim Foreigners: Has the Tide Turned?

The Abu Dhabi Civil Family Court on the Law on Civil Marriage – Applicability to Foreign Muslims and the Complex Issue of International Jurisdiction

June 27, 2024/in Views/by Béligh Elbalti
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https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png 0 0 Béligh Elbalti https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png Béligh Elbalti2024-06-27 05:02:112024-07-07 01:11:56The Abu Dhabi Civil Family Court on the Law on Civil Marriage – Applicability to Foreign Muslims and the Complex Issue of International Jurisdiction

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