DCC 14/2005, 18/2005
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates, Saudi Arabia, Scotland
Taxonomy
Marriage, General Conflict of Laws, General Ecclesiastical Law, Types of Contract
Copyright
LexisNexis
Decision date
12 Jun 2005
Catchwords
Marriage – Conflict of Laws – Sharia Law – Islamic Jurisprudence – Customary Contract
This case involved the validity of a marriage contract between a Saudi man and a Scottish woman. Under the law of his home country her guardian's agreement was needed to the marriage contract and under the laws of her home country it was not possible to be married to two people at the same time.
Background
A Plaintiff (Appellant) filed suit No 722 of 2005 (Personal Status) against the Respondent requesting the nullity of a marriage contract with the Respondent and an order not to subject her to the contract, on the basis that she was a British national and she had married the Defendant by way of a customary contract without a legal guardian. The Scottish authorities refrained from registering the marriage for lack of validity, in addition to the nullity of the marriage according to some Muslim scholars, they parted. However, the husband proceeded in claiming her as his wife, which prompted her to initiate the proceedings and her father intervened as per her request.
Proceedings
Court of First Instance - Decision No 722 of 2004