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Can I remarry in the UAE under Sharia law while still legally married in India?

Hello, sir,

I am an Indian Muslim. I got married in India, but we are already separated, though not yet divorced.

I have a new partner here with me; she is single and from Myanmar.

We are ready to marry in the UAE. What is the process under Sharia law to successfully complete our marriage?

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Galal Hussein Legal Consultancies & Advocates
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27 Feb 2025, 10:25

Hello,

1. Confirm Divorce Status:

You must ensure that your divorce from your first wife is finalized before you can marry a second wife. If you haven't obtained a divorce yet, you cannot legally marry another person.

2. Marriage Contract:

For the marriage to be legal in the UAE, the marriage must be registered with the relevant authorities. You will need to go through the process of marriage registration at the Sharia Court in the UAE.

3. Documents Required:

- Valid passports for both parties.

- Proof of divorce from your first wife (if applicable).

- Proof of legal capacity to marry for your second wife (her documents such as passport, visa status, etc.).

- Your marriage certificate with your first wife, if applicable.

4. Sharia Court:

The marriage contract will be executed and signed at the Sharia Court. The court will review all documents, and both parties must give their consent for the marriage.

5. Legal Considerations:

If you wish to marry a second wife, it must be based on the principles of fairness and justice under Sharia law, and both wives must be treated equally in terms of financial and emotional support.

Please reach out to us.

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Future Vision Advocates Legal Consultancy
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27 Feb 2025, 10:40

Greetings,

In the UAE, as a Muslim, you must obtain a legal divorce from your previous marriage before entering into a new one.

Islamic law does not permit a second marriage without completing the divorce process unless specific conditions for polygamy are met.

For marriage with your new partner, you will need:

- A divorce certificate (if applicable)

- Valid passports and Emirates IDs

- Proof of single status for your partner

The process varies based on individual circumstances. Book a consultation with us to ensure a legally valid marriage under Sharia law or to handle your previous marriage dissolution properly.

Let us know how we can assist you!

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Al Fahad Legal Consulting
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27 Feb 2025, 10:55

Dear Questioner,

Regarding your question about marriage in the UAE under Sharia law, here are the steps and requirements you must follow:

1. Finalize Divorce:

If you are still married under Indian law and have not yet obtained a divorce, it is necessary to first finalize the divorce before proceeding with a new marriage. Sharia law does not permit a Muslim man to marry another woman while still legally married.

2. Documents Required:

- Passports of both parties (yourself and your partner).

- Proof of Divorce: If you have already finalized the divorce in India, you must provide the official divorce certificate. If the divorce is not yet registered, this must be done before proceeding.

- Medical Certificate: Both parties need to undergo a premarital medical test as per UAE law.

- No Objection Certificate (NOC): Your partner, being from Myanmar, will need to provide a No Objection Certificate from her embassy, confirming that she is legally eligible to marry.

3. Marriage Procedure:

The marriage will be conducted through a Nikah (marriage contract) under Sharia law, usually in the presence of a qualified Imam or Sharia court judge.

You will need two male witnesses to be present at the marriage ceremony.

4. Marriage Registration:

Once the marriage is conducted, the Nikah must be officially registered with the relevant Sharia court. A marriage certificate will be issued, and it will be legally recognized in the UAE.

5. For Your Partner:

Since your partner is a foreign national, she will need approval from her embassy to marry in the UAE. The No Objection Certificate (NOC) will be required for her to proceed with the marriage.

Once the divorce is finalized, we can proceed with registering the marriage and ensure that all legal requirements are met.

If you need any further assistance or help with the documentation and process, please feel free to contact me.

Best regards,

Mohammed Salah

Legal Consultant

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Rashid Khalil Obaid Advocates and Legal Consultancy
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27 Feb 2025, 12:35

The procedures can be a little bit complex. Generally, individuals must be single, divorced, or widowed to enter a new marriage. Commonly required documents include:

- Valid identification (passports, national ID cards)

- Birth certificates

- Proof of marital status (single status certificates, divorce decrees, death certificates)

- Witnesses are required to attest to the marriage.

If you need further clarification, we will let you know the procedures in detail.

Kindly share your WhatsApp number to discuss this further.

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Mohamed Bakheet Advocates & Legal Consultants
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27 Feb 2025, 17:47

Documents required for marriage in the UAE:

- Original passports of both spouses.

- Valid UAE residence visa for both spouses (or residence for one and visit visa for the other).

- No objection certificate from your embassy in the UAE (if required).

- Divorce certificate if you were previously married.

- Pre-marital medical examination report from an accredited health center in the UAE.

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Dar Al Haqooq Legal Consultancy
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28 Feb 2025, 03:56

Dear Sir,

Thank you for your inquiry regarding marriage procedures in the UAE!

I appreciate you providing details about your current marital status and intentions. Based on the information you've shared, I would like to offer the following professional guidance:

1. Current Marital Status:

As you are still legally married in India, despite being separated, it is crucial to understand that you cannot enter into a new marriage in the UAE without first obtaining a legal divorce. This is a fundamental requirement under both UAE law and Islamic principles.

2. Divorce Proceedings:

Before considering remarriage, you must complete divorce proceedings in India. This divorce should be legally recognized by both Indian and UAE authorities. I strongly advise consulting with a legal professional in India to initiate and complete this process correctly.

3. UAE Marriage Process:

Once you have obtained a legal divorce, you may proceed with the marriage process in the UAE. As a Muslim man, you are permitted to marry a non-Muslim woman under UAE law. The process typically involves:

a) Obtaining a premarital screening certificate from an approved UAE health facility.

b) Providing valid passports and Emirates IDs for both parties.

c) Arranging for two male Muslim witnesses to be present at the ceremony.

d) Registering the marriage contract in a Sharia Court in the UAE.

4. Legal Considerations:

Given the complexity of your situation involving an international divorce and remarriage in the UAE, it is highly recommended that you seek advice from a legal professional specializing in UAE family law. They can provide detailed guidance on meeting all legal requirements and avoiding potential complications.

5. Caution:

Please be aware that attempting to enter into a new marriage while still legally married is a serious offense in the UAE. Ensure you have completed all necessary divorce proceedings and have documentation proving your divorced status before proceeding with any new marriage plans.

If you require further clarification or assistance, please do not hesitate to seek additional legal counsel. It is crucial to approach this matter with careful consideration of all legal and personal implications.

Yours sincerely,

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