Why a Power of Attorney is required for marriage in UAE?
In the United Arab Emirates (UAE), marriage is open to all expatriates, regardless of their nationality or religion. However, there are specific requirements set by the government that must be met for eligibility. For example, both parties entering into marriage must be UAE residents. Additionally, as an Islamic country, state Shariah courts prohibit the marriage of a Muslim woman to a non-Muslim man, unless the latter provides proof of conversion to Islam. Alternatively, couples have the option to register their marriage at the consulate or embassy of their respective countries.
The requirements for getting married may differ across different Emirates. For instance, in Dubai, at least one party must be a resident, while in other emirates, both parties need to be residents. It’s important to be aware of these variations when planning your marriage in the United Arab Emirates.
Islamic marriages in the UAE are solemnized in accordance with Sharia principles. These principles are applicable when one or both parties involved are Muslim, regardless of their nationality.
The key prerequisites for Muslim marriages encompass the following aspects:
- Marriage contract needs to be registered in a Sharia court in the UAE.
- Legal age for marriage is 18 Hijri years; otherwise, the judge’s approval is required.
- A spouse’s age should not be twice the other; otherwise, the judge’s approval is sought.
- A premarital screening certificate is needed.
- Attendance of the couple is required.
- Attendance of the bride’s father or his proxy is required.
- For a woman to get married, she needs the consent of her guardian.
- In case of father’s death, the presence of the next closest male guardian i.e. closest kin such as a brother, uncle or cousin is required.
- Divorced and widowed women must produce a proof of the status.
- If the bride is Muslim and her father is not, she needs a ‘No Objection’ letter from her embassy or consulate.
If the father of the bride is unable to personally attend the marriage registration at the court, he can appoint a proxy guardian by means of an officially certified Power of Attorney. Two male Muslim witnesses must be present for this process. The proxy guardian must share the same religion as the bride’s father in order to proceed with the marriage procedures using the POA for marriage. If the father signs the Power of Attorney in the UAE, it must be notarized at one of the Notary Public offices. However, if the father signs the Power of Attorney outside the UAE, it must first be legalized by the relevant authorities and the UAE Embassy in the country of signing.
If an Emirati woman desires to marry an expatriate man, she must first obtain parental consent. Additionally, the groom must be a UAE resident and acquire a good conduct certificate issued by the UAE.
To formalize the marriage between non-Muslims, it is necessary to complete the marriage formalities at the respective embassies or consulates, or at the appropriate temple or church based on their religious beliefs. In certain cases, citizens of certain countries are required to submit an application of intention to marry at their embassy or consulate in the UAE. It is highly recommended to seek guidance from the relevant embassy or consulate before finalizing the marriage.
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