In the UAE, dowry (mahr) is not just a cultural practice but a legally binding right of the wife under Federal Law No. 28 of 2005 on Personal Status. It is part of every Islamic marriage contract and represents the husband’s obligation to the wife. However, disputes often arise during or after divorce regarding whether the dowry has been paid, partially paid, or unfairly withheld. Understanding how UAE courts handle these disputes is vital for both spouses.
What Counts as Dowry?
- Prompt Dowry – Paid at the time of marriage.
- Deferred Dowry – Agreed to be paid later, often upon divorce or the husband’s death.
- Form of Dowry – It can be money, property, or anything of value agreed upon in the marriage contract.
Common Causes of Dowry Disputes
- Non-Payment of Dowry – Husband fails to pay either prompt or deferred dowry.
- Disagreement on Amount – Lack of clarity or absence of proof in the marriage contract.
- Khula Divorce Settlements – Wife seeks divorce by returning the dowry, but disputes arise over repayment terms.
- Partial Payments – Arguments over whether the dowry was fully or partially settled.
People also read: Can a Wife Legally Claim Her Dowry After Divorce in the UAE?
How UAE Courts Handle Dowry Disputes
Marriage Contract Review
- The court first examines the marriage contract to confirm the agreed dowry terms.
Evidence Examination
- If one party denies payment or entitlement, the court may require supporting evidence such as written proof, witnesses, or bank transfers.
Wife’s Right of Claim
- Unless proven otherwise, the wife retains the right to claim unpaid dowry at any time, including after divorce.
Khula Settlements
- If the wife initiates khula divorce, she may be required to return the dowry, but the court ensures fairness in settlement terms.
Judicial Enforcement
- Once a decision is made, the court can issue orders compelling the husband (or his estate) to pay the dowry.
Penalties for Non-Compliance
Failure to comply with court orders regarding dowry can result in:
- Seizure of assets.
- Salary garnishment.
- Travel bans until settlement.
How Adv. Sanafer Arakkal of Concept Advocates Helps
Adv. Sanafer Arakkal, founder of Concept Advocates, is a skilled family lawyer in Dubai with deep expertise in handling dowry-related disputes. He assists clients by:
- Contract Review – Analyzing marriage contracts to establish clear dowry entitlements.
- Litigation Support – Representing wives or husbands in court to resolve disputes fairly.
- Evidence Preparation – Helping clients gather and present strong proof to support their claims.
- Khula Guidance – Advising women on dowry return obligations during khula divorce.
- Enforcement Actions – Ensuring that court judgments are executed and dowry payments are actually received.
Final Thoughts
Dowry disputes in the UAE can be complex, but the law strongly upholds the wife’s right to receive her dowry. Courts carefully examine contracts and evidence to deliver fair outcomes, whether in divorce or inheritance cases.
With Adv. Sanafer Arakkal and Concept Advocates, clients benefit from professional legal guidance, clear strategies, and strong representation to resolve dowry disputes efficiently and fairly.
