Musawah Thematic Report on Article 16 & Muslim Family Law: United Arab Emirates (UAE) 62nd CEDAW Session Geneva, Switzerland November 2015 Musawah c/o Sisters in Islam [SIS Forum (Malaysia)] No. 4, Lorong 11/8E, 46200 Petaling Jaya Selangor, Malaysia Tel: +603 7960 5121 Fax: +603 7960 8737 Email:
[email protected] Website: http://www.musawah.org Musawah Thematic Report on Article 16 & Muslim Family Law: United Arab Emirates (UAE) 62nd CEDAW Session November 2015 TABLE OF CONTENTS I. INTRODUCTION II. LEGAL BACKGROUND III. RHETORICAL MAP: HOW THE STATE ENGAGES WITH ISLAM IV. KEY ISSUES: LIVED REALITIES, ISLAMIC JURISPRUDENCE, & REFORM A. Articles 5 & 16(c): Equal Rights & Responsibilities in Marriage (Gender Stereotypes) B. Articles 15(4) & 16.1(a-b): Capacity to Enter into Marriage (Male Guardianship) C. Article 16.2: Early & Child Marriage D. Article 16.1(a): Polygamy & Temporary Marriage E. Article 16.1(c): Access to Divorce F. Article 16.1(f): Custody & Guardianship of Children G. Article 9(2): Right to Confer Nationality V. CONCLUSION VI. MUSAWAH VISION VII. ANNEX 1: RESEARCH METHODOLOGY VIII. ANNEX 2: SUPPLEMENTARY CASE STUDIES IX. ANNEX 3: GLOSSARY OF KEY TERMS X. REFERENCES Musawah Thematic Report on Muslim Family Law: United Arab Emirate (UAE) ii Musawah Thematic Report on Article 16 & Muslim Family Law: United Arab Emirates (UAE) 62nd CEDAW Session I. INTRODUCTION Musawah, the global movement for equality and justice in the Muslim family, submits its 13th Thematic Report on Article 16 and related concerns for consideration by the CEDAW Committee in its review of the Government of United Arab Emirates (UAE), reporting before the 62nd Session of the CEDAW Committee.1 This is the CEDAW Committee’s second engagement with the Government of the UAE, which acceded to the CEDAW Convention on 6 October 2004, and entered reservations to Articles 2(f), 9, 15(2), 16, and 29(1).’2 Musawah’s issues of concern and supplementary research take a critical look at the status of marriage and family relations, as largely encapsulated in Article 16 of the CEDAW Convention.