Return Policy for Engagement Gifts and Dowry Specified in New UAE Regulations
In the United Arab Emirates (UAE), the recently introduced Federal Personal Status Law has brought clarity to the distinction between engagement gifts and dowry, and the circumstances under which they can be reclaimed.
The law defines engagement as a man's proposal and a woman's acceptance, but it does not constitute marriage. Either party may withdraw from the engagement. If an engagement is broken, only conditional gifts or valuable gifts exceeding Dh25,000 may be recovered, with consumables excluded. However, in cases where one party withdraws from the engagement after marriage preparations have begun, the use of dowry for these preparations may affect the reclaimability of the dowry.
Dowry paid during engagement may be reclaimed if the marriage contract is not completed, either in kind or by value. If a man demands gifts or cash back from a woman who failed to marry him despite promises, it falls under a lawsuit. Court records show a man sued five people, claiming he was defrauded after spending over Dh500,000 on gifts and cash for a promised marriage.
In another case, a woman was ordered to return Dh150,000 along with her dowry after filing for divorce before moving into the marital home. It's worth noting that only clear evidence can reclassify a gift as part of a dowry.
The UAE Federal National Council introduced the regulation that engagement gifts valued over 25,000 AED can be reclaimed if the engagement is broken. However, the law does not specify a time limit for reclaiming engagement gifts or dowry. Additionally, the law does not specify any penalties for failing to return engagement gifts or dowry as stated by the law.
Engagement gifts are not returned in cases of one party's death. If an engagement ends without fault from either party (such as death), gifts are not returned. It's important to note that the UAE law does not cover situations where engagement gifts or dowry are used for purposes other than marriage preparations or are given with no expectation of return.
In summary, the UAE's new Federal Personal Status Law provides a clearer understanding of engagement gifts and dowry, outlining when they can be reclaimed and the circumstances under which they cannot. However, it's crucial to remember that the law does not specify a time limit for reclaiming these gifts or any penalties for failing to return them as stated.
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