Ethical Awareness: Constants and Variables— Marriage of a Muslim Woman to a Non-Muslim as a Model

Ethical Awareness: Constants and Variables— Marriage of a Muslim Woman to a Non-Muslim as a Model
A Comparative Jurisprudential Study vis-à-vis UAE Law
Shaimaa Ibrahim Anwar El Gakhow,
Al Wasl University, Dubai, United Arab Emirates.
Email: Shaimaa.2330019@alwasl.ac.ae
Abstract:
This study aims to elucidate the Islamic Sharia's approach and rulings related to contemporary marriage contracts, with a particular focus on civil marriage and the issue of a Muslim woman marrying a non-Muslim man. It also examines the UAE law's stance on such marriages and the actual practices implemented by the UAE. The study employs a comparative analytical methodology, presenting the issue through the perspectives of the four major Islamic schools of thought, providing evidence and detailed explanations. In some cases, the study involves independent reasoning to derive conclusions. Additionally, the study addresses the justifications behind the laws that recognize such marriages and critically discusses them in light of the two major sources of Islamic legislation. Among the key findings is that civil marriage is considered a corrupt form of marriage contract, no less objectionable than customary marriage. Some Arab and Islamic countries have recognized such marriages unconditionally, or restricted it to certain groups, but both approaches are inevitably at odds with the established principles and conditions of marriage contracts as defined by Islamic law. The study also reaffirms the absolute prohibition of a Muslim woman marrying a non-Muslim man. The UAE adheres to Sharia rulings in prohibiting such marriages for Muslims, while allowing civil marriage only for non-Muslim men and women.