Personal Status Court

cases and matters

  • Sharia Declarations and Authentications
  • Muslims Inheritance
  • Non - Muslim Inheritance
  • Cases of Muslims
  • Cases of Non-Muslim
  • Inclusion and exclusion of heir (Muslims)
  • Inclusion and exclusion of heir(Non- Muslim)
  • Money matters cases (Muslims)
  • Money matters cases (Non-Muslims)

 

Details

First :Sharia Declaration and Authentications

It includes the following:

  • Marriage Contracts
  • Divorce
  • Declarations
  • Attestations

Marriage Contracts

Authentication of marriage contracts come under the scope of attestation services provided by the court as judicial service being an authority to regulate and attest marriage contracts of Muslims male and female of UAE nationals and others, marriage between Muslims and spouse from Follower of Divine Book provided they are residents of Dubai . It also means to authenticate the marriage contract conducted by Marriage officials licensed by Dubai courts.

Competent Section: Declaration and Attestation Section at Dubai personal Status court

Bench : Single Judge

Fee: 220 Aed.

Inclusion and Intervention: Not Permissible

Incidental requests: Not Permissible

Strike off : Not Permissible

Renewal Not Permissible

Suspension : NA

Elapse of case by passing duration: Permissible

Acceleration : Not Permissible

Grievance : Not Permissible

Appeal : Not Permissible

Review petition: Not Permissible

Intervention of Public Prosecution: Not Permissible

 

Declarations of Divorce and Khuala

Divorce and Khula’ comes under the scope of authentications carried out by the Court as a service as an authority in dispute between the spouse it is an procedure to authenticate the divorce to determine its description number and date of divorce or to put record of Khula among the divorced parties whether Muslim or Non-Muslim, UAE national or Expatriates provided they should be resident of Dubai or working in Dubai. This transaction cannot be carried out except passing through Family Guidance Section in the Court.

Competent Section: Family Guidance Section in Dubai Personal Status Court.

Bench: Single judge.

Fee: AED 220

Inclusion and Intervention: Not Permissible

Incidental requests: Not Permissible

Strike off : Not Permissible

Renewal : Not Permissible

Suspension : Not Permissible

Drop of case by passing duration : A

Acceleration : N.A

Grievance : N.A

Appeal : Not Permissible

Review petition: Not Permissible

Intervention of Public Prosecution: Not Permissible

 

Declarations:

It is a process to authenticate declarations and cases related to Personal Status of Muslims such as continuation of marriage and to record of status of divorce or widow or single or declarations related that he is only son to his parents the said is presented before armed forces also to make record of actions such as giving gifts and Muslims and Non Muslims' wills to declare the same in front of witness and issue Succession Certificate of Muslim and Non-Muslim of those deceased whose last living address was in Dubai.

Competent Section: Declarations and attestation Section in Personal Status Case.

Competent Section: Declarations and Attestation Section in Dubai Personal Status Court.

Bench: Single judge.

Fee: AED 220. Except in Succession Certificate case it free.

Inclusion and Intervention: Not Permissible

Incidental requests: Not Permissible

Strike Off : Not Permissible

Renewal Not Permissible

Suspension : Not Permissible

Lapse by Prescription: Permissible

Acceleration : Not Permissible

Grievance : Not Permissible

Appeal : Not Permissible

Review petition: Not Permissible

Intervention of Public Prosecution: Not Permissible

Attestation:

It is authentication services rendered by Court being as an authority for some official authorities such as attestations of certificates related with Social Affairs or certificates of those who declared their Islam through Awqaf and New Muslims Care.

Competent Section: Declaration and Attestation in Dubai Personal Status

Court.

Bench: Single judge. +Secretary

Fee: No fee.

Inclusion and Intervention: Not permissible

Incidental requests: Not Permissible

Strike Off : Not Permissible

Renewal Not Permissible

Suspension: Not permissible

Lapse by Prescription: Not applicable

Expidition: Not Permissible

Grievance: Not permissible

Appeal: Not Permissible

Review petition: Not Permissible

Intervention of Public Prosecution: Not Permissible

 

Second: Muslims Inheritance:

Muslim Inheritance is the matter which means to limits inheritance of Muslim heir's funds financial rights to do inventory and distribute the same among the deserving parties as per their portions shown in the Succession Certificate after setting aside debts and will from that fund including to record of settlement and exclusion among the heirs.

Competent Circuit: Minor cases circuit taking into consideration rules of jurisdiction of personal Status and Civil Proceedings Law

Status Court.

Bench: Single judge+ Secretary

Fee: AED 220

Inclusion and Intervention: Not permissible

Incidental requests: Permissible

Strike Off: Not Permissible

Renewal  Not Permissible

Suspension: Not Permissible

Elapse of case by passing of deadline: Permission

Acceleration: Permissible

Grievance: .Permissible on the decisions and passed by inheritance judge which did not resolve litigation.

Appeal: Permissible on the decision and Judgment that ruled in the dispute or litigation among the hires.

Review petition : Permissible

Intervention of Public Prosecution: mandatory if the case is related to incompetent, incapable or missing person.

 

Third: Inheritance of Non Muslims:

Non-Muslim Inheritance is the matter which means to determine inheritance of Muslim heirs such as funds financial rights making inventory and distribute the same among the deserving parties as per their portions shown in the Succession Certificate after setting aside debts and will from that fund including to record of settlement and exclusion among the heirs.

Competent Department: Minor cases department observing rules of jurisdiction of personal Status and Civil Proceedings Law

Bench: Single judge+ Secretary

Fee: AED 220

 Inclusion and Intervention: Not Permissible

Incidental requests: Permissible

Renewal N.A

Suspension: NA

Striking off case by passing duration: A

Expedite: N.A

Grievance: Applicable can be made on the decisions and passed by inheritance judge which did not decide the litigation.

Appeal : Applicable can be made against the decisions and judgment which resolved the dispute among hiers.

Review petition: Applicable

Intervention of Public Prosecution: mandatory if the case is related to dis qualified or incapable or missing person.

 

Forth: Personal Status of Muslim:

It is litigation related with family disputes in which one of the parties is Muslim that such among spouses and divorced or among children and parents such as cases of separation, divorce maintenance and child custody family dispute.

Competent Circuit: Minor circuit with observing the rules of specialization from Personal Status Law and Civil Procedures Law.

Circuit : Single judge+ Secretary.

Fees: fee specified for each prayer as per law,

Inclusion and Intervention: Applicable

Incidental requests: Permissible

Renewal Applicable, observing duration and procedure and fee law

Suspension: Applicable

Striking off case : applicable

Expedite : N.A

Grievance: Applicable, can be made on the decisions and passed by inheritance judge which did not decide the litigation.

Appeal : Applicable, can be made against the decisions and judgment which resolved the dispute among hiers.

Review petition: Applicable observing the time limit and procedures rules and Fee law

Intervention of Public Prosecution:

Mandatory if the case is related to incompetent or incapable or missing person.

 

Fifth: Personal Status of Non- Muslim:

It is litigation related with family disputes of Non-Muslim that such among spouses and divorced or among children and parents such as cases of separation, divorce maintenance and child custody family dispute.

Competent Circuit: First Instance observing the rules of specialization from Personal Status Law and Civil Procedures Law.

Circuit : Single judge+ Secretary.

Fees: fee specified for each pray as per law,

Inclusion and Intervention: Applicable

Incidental requests: Permissible

Strike off : N.A

Renewal Applicable, observing duration and procedure and fee law

Suspension: Applicable

Drop of case by passing duration: Application

Expedite : N.A

Grievance: Applicable can be made on the decisions and passed by inheritance judge which did not decide the litigation.

Appeal : Applicable can be made against the decisions and judgment which resolved the dispute among hiers.

Review petition: Applicable observing the time limit and procedures rules and Fee law

Intervention of Public Prosecution: Mandatory, if the case is related to incompetent or incapable or missing person.

 

Sixth : Inclusion and Exclusion of Muslim heir :

Inclusion and exclusion of Muslims heir

 is inheritance litigation wherein one of

 the parties is Muslim through which

one can prove against the details

by which Succession certificate was

issued either by including an heir whose

 name was not included or to exclude

another whose name is mentioned in the

succession certificate who is not the heir

 or both request together it also

 includes disputes related with wills

whenever its proof is stablished to

execute the same or check its soundness

or revoke it or carryout changes or to

drop it or explicate it .

Competent Circuit: First Instance observing the rules of specialization from Personal Status Law and Civil Procedures Law.

Circuit : Single judge+ Secretary.

Fees: fee specified for each request as per law,

Inclusion and Intervention: Permissible

Incidental requests: Permissible

Strike off :. Permissible

Renewal permissible observing the deadlines and procedure and fee law

Suspension: Permissible

Elapse by prescription of time: Applicable

Expedite: Permissible, observing the duration and procedural rules and payment of fee.

Grievance: Permissible

Appeal : Permissible, observing the time limits procedural rules and payment of fees.

Review petition : Permissible, observing the time limit and procedures rules and Fee law

Intervention of Public Prosecution: Mandatory, if the case is related to incompetent, incapable or missing person.

 

Seventh: Inclusion and Exclusion of Non-Muslim heir :

Inclusion and exclusion of Non-

Muslims heir in inheritance litigation

wherein all parties are Non-Muslim

through which aims to disprove against the details of Succession certificate was issued by the Court either by including an heir whose name was not mentioned when it was issued, or by excluding a name which was mentioned in the succession certificate who is not a heir, or both requests together. It also includes disputes related to will testimony, pertaining its’ being genuine, enforced authenticate, or null, or being amended, revoke, its’ explanation or being pior to issuance of succession certificate.

Competent Circuit: First Instance observing the rules of specialization from Personal Status Law and Civil Procedures Law.

Circuit: Single judge+ Secretary.

Fees: specified for each request as per law.

Inclusion and Intervention: Permissible

Incidental requests: Permissible

Strike Off : Permissible

Renewal: Permissible, observing duration and procedure and fee law

Suspension: Permissible

Elapse by prescription of time: Permissible

Acceleration: .Permissible, observing the deadlines and procedural rules and payment of fee.

Grievance: Not Permissible

Appeal: Permissible, observing the time limits procedural rules and payment of fees.

Review petition: Permissible, observing the time limit and procedures rules and Fee law

Intervention of Public Prosecution: Mandatory, if the case is related to incompetent, incapable or missing person.

 

Eighth: Money Matter cases of Muslims:

The matters related with legal capacity or guardianship of less capable or incapable, absentees and missing Muslim individuals such as case of placing someone under guardianship or abstract the custodianship or curatorship or to prove the absence or to seek permission to dispose or trading with their funds.

Competent Circuit: First Instance observing the rules of specialization from Personal Status Law and Civil Procedures Law.

Circuit: Single judge+ Secretary.

Fees: specified for each request as per law.

Inclusion and Intervention: Permissible

Incidental requests: Permissible

Strike Off :. Permissible

Renewal:  Permissible

Elapse of case by prescription of time: permissible

Expedite: Permissible, observing the duration and procedural rules and payment of fee.

Grievance: Not Permissible

Appeal : permissible, observing the time limits procedural rules and payment of fees.

Review petition: permissible, observing the deadlines and procedures rules and Fee law.

Intervention of Public Prosecution: Mandatory in lawsuit only.

 

Ninth: Money Matter cases of Non-Muslim:

The matters related with legal capacity or guardianship of less capable or incapable, absentees and missing Non-Muslim individuals such as case of case of placing someone under guardianship, abstracting custodianship, curatorship, to prove the absence, to seek permission to dispose or trading with their funds.

Competent Circuit: First Instance observing the rules of specialization from Personal Status Law and Civil Procedures Law.

Circuit: Single judge+ Secretary.

Fees: Specified for each request as per law,

Inclusion and Intervention: Permissible

Incidental requests: Permissible

Strike off :. Permissible

Renewal :  permissible, observing the deadlines and procedural rules and fee law.

Suspension: Not permissible

Elapse by prescription of time: Applicable

Expedite: Permissible, observing the duration and procedural rules and payment of fee.

Grievance: Permissible, only on the application in which the law compel to acquire permission of the court or to present it to the judge.

Appeal: Permissible, observing the time limits procedural rules and payment of fees.

Review petition: Permissible, observing the deadlines and procedural rules and Fee law

Intervention of Public Prosecution: Mandatory in lawsuits only.