The Unrestricted and Restricted in Marriage Rulings According to the Personal Status Law in the United Arab Emirates.

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جامعة الوصل - دولة الامارات

Abstract

This study examines the concepts of "unrestricted" (al-muṭlaq) and "restricted" (al-muqayyad) in the rulings on marriage as outlined by the Personal Status Law of the United Arab Emirates. The research begins by highlighting the significance of marriage as a foundational institution in Islamic society and one of the objectives of Islamic law aimed at achieving familial stability. It addresses the interpretative challenges in understanding the legal texts on marriage, particularly whether they convey definitive (qaṭʿī) or speculative (ẓannī) meanings and explores the reasons behind scholarly disagreements in this area.
The study analyzes terms such as al-muṭlaq (which signifies the generality of a text) and al-muqayyad (which introduces conditions or qualifications that limit the generality). It focuses on key issues, including the requirement of a guardian (walī), the dowry (mahr)—its minimum and maximum limits—and the conditions for the formulation of the marriage contract. Furthermore, it examines the jurisprudential differences regarding these issues and compares them to their legal implementation in the UAE.
The study concludes that Emirati law adopts an approach that harmonizes Islamic legal principles with contemporary societal needs, such as setting minimum marriage ages and regulating guardianship and dowries. The research aims to contribute to the jurisprudential and legal knowledge of scholars and students specializing in Islamic law and legislation.

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