What you need to know about the false dowry case and its punishments in the UAE?

Posted by Awatif Mohammad Shoqi Advocates & Legal Consultancy on September 26th, 2022

Background

Dowry is money or property, which is offered by the husband to the wife, in consideration of marriage. Dowry is the property of the bride and she is free to dispose of it. Dowry offers financial security to the wife. Article 49 of the Federal Law No. 28 of 2005 On Personal Status, which is the law governing family disputes, personal status matters in the UAE, describes dowry as the following.

“Dowry is what is offered by the husband, in money or property, for the purpose of marriage. There is no minimum limit to it but the maximum is subject to the Law on Dowries.”

In accordance with Article 51 of the UAE Personal Status Law, if the dowry amount is validly determined in the marriage contract, the amount is a debt due to the wife.

Dowry is generally of two types: prompt dowry and deferred dowry. Prompt dowry is payable immediately upon the marriage. Article 53 of the UAE Personal Status Law states that a wife may refuse consummation of the marriage until the part dowry is paid.

The deferred dowry becomes due by death or dissolution of the marriage by divorce. At the time of dissolution of marriage by divorce, the wife has a right to claim the deferred dowry as part of her financial claims.

Given the above, under the UAE laws, dowry is a payment which is made to the wife by the husband for marriage and not a payment which is made by the wife to the husband, as prevalent in many South East Asian countries.

False Dowry Case

A false dowry case is generally not common in the UAE. However, there may be instances where a person has made a false complaint or reported a false crime to the authorities in the UAE, which is punishable in the UAE.

Under the Federal Decree Law 31 of 2021 On the Issuance of Crimes and Penalties Law (UAE Penal Code), a person reports to the judicial or administrative authorities, accidents or risks which do not exist at such time or are contrary to the truth or report a crime knowing that it is not actually committed, such person will be liable to imprisonment for a period not exceeding 6 months and / or a fine. This has been provided under Article 324 of the UAE Penal Code.

Article 325 of the UAE Penal Code further states that if a person, with bad intention, make a false report to the judicial or administrative authorities, accusing a person of committing a crime having penal or administrative consequences, even if such report did not lead to instituting the criminal or disciplinary action shall be liable to jail sentence and / or fine. Similar penalty will be imposed if any person creates material evidence to accuse a person of committing a crime contrary to the truth or causes legal proceedings to be initiated against a person knowing that he is innocent.

If the false accusation results in a conviction with a felony punishment, the false accuser will also be sentenced to the same penalty.

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