Corrupt Marriage
Definition – effect – difference from false marriage
The UAE Personal Status Code defines marriage as a contract for the legitimate dissolution of one spouse’s enjoyment of the other, for the purpose of statistics and the establishment of a stable family under the care of the husband, on grounds that ensure that they bear their burden with affection and compassion.
However, according to the legislator, some marriage contracts are not valid. They may be corrupt or invalid. Article 57 of the UAE Personal Status Act No. 28 of 2005 explicitly stipulates that:
Marriage is valid or invalid, and incorrect includes corruption and falsehood.
The distinction between valid and invalid marriages depends on the extent to which such marriages meet the requirements and requirements of the law, which it considers essential to the validity of the marriage. The legislature considers the marriage valid if its elements and conditions are met and its objections are null and void, in accordance with article 58 of the UAE Personal Status Law
• Definition of corrupt marriage:
Corrupt marriage is a marriage whose conditions have not been met, but which has been flawed, such as marriages without guardians or witnesses, or only one witness instead of two, defined in article 59 as follows:
A corrupt marriage has failed some of its conditions.
Consequently, the marriage in which some of the conditions of the imbalance were found to have been termed a corrupt marriage by the legislator, which is covered by the null and void marriage under the name of invalid marriage, discriminates against them from the valid marriage, the elements and conditions of which are available and whose barriers have ceased.
• The effects of corrupt marriage:
The effects of marriage, such as maintenance and dowry benefits, are divided into two cases, before and after entry, that is, whether or not there was cohabitation between the spouses. The corrupt marriage before entry has no effect, such as a false marriage, as affirmed in article 59, which states:
A corrupt marriage has no effect prior to entry.
If, after a corrupt marriage, there are accrued effects, as recognized in article 60, which reads as follows:
A corrupt marriage after entry has the following effects:
1) Less than the named pony and proverbial pony.
2) Proven ratios.
3) The sanctity of the melting.
4) Kit.
5) Maintenance as long as the woman is ignorant of the corruption of the contract
In the texts of articles 59 and 60, the legislator differentiated the effects of corrupt marriages between two cases, the first of which, if followed by an entry, would have some effect as a corroboration of descent, the inviolability of the smelter, Al-Ada ‘a, etc., and the second if there was no entry, as the legislator considered it to be ineffective
• Different from false marriage:
In order to clarify and distinguish false marriage from corrupt marriage, it is stated that false marriage is a cornerstone of marriage, such as a man’s marriage to a fifth woman, or his marriage to a woman later found to be his sister in infancy. Article 61 defines false marriage as:
False marriage disturbed one of its corners
Article 61 affirms that a marriage has no effect:
A false marriage has no effect unless otherwise provided by this Law
Thus, a false marriage does not produce any effect as if there were no, followed by a non-entry, but even more so, entry after a false marriage is regarded as a limitation, such as the Muslim marriage of a non-Muslim