Federal Law No. (28) of 2005 Regarding Personal Status

Purpose and legislative background

The law provided the federal personal-status framework for nearly two decades before the 2024 reform reorganised and replaced the regime.

Historical law. The current general federal Personal Status Law is the law issued under Federal Decree-Law No. (41) of 2024, effective 15 April 2025.

Scope and who it applies to

• Historically, persons and family relationships falling within the law's nationality, religion and jurisdiction rules.
• Spouses, parents, children, guardians, heirs, beneficiaries and estates governed by the law while it was in force.
• Courts exercising personal-status jurisdiction under the former framework.

Key definitions

• Key concepts included marriage, guardian, maintenance, divorce, custody, lineage, will and inheritance, all governed by their statutory context.
• The law's application depended on nationality, religion, domicile/residence and conflict-of-laws considerations.

Main rights and obligations

• Spouses had statutory marital rights and obligations.
• Parents and custodians had child-care, support and custody obligations.
• Guardians managing property or personal affairs were subject to statutory controls.
• Heirs and beneficiaries' rights arose under the succession provisions applicable to the estate.

Procedures and compliance

1. Identify the date on which the relevant family event, claim or order arose.
2. Determine whether the 2005 law, the 2022 Civil Personal Status Law, the 2024 Personal Status Law or another regime applies.
3. Use the procedural and judicial rules that were current for the relevant proceeding.
4. Where an old order continues to operate, examine transition and modification rules before assuming the old statute still controls.

Deadlines and time limits

• Issued date: 19 November 2005.
• Article 363 tied commencement to Official Gazette publication; exact publication/effective date was not entered because it was not sufficiently verified in the source set used.
• Replacement date for the general regime: 15 April 2025.

Enforcement, violations and penalties

The law was principally applied through personal-status courts and associated execution procedures. Current enforcement and modification of family orders must be assessed under the present legal framework.

Legislation / implementation / commentary distinction: The principal decree-law or federal law creates the statutory rule. Executive regulations, Cabinet resolutions, ministry/regulator decisions and court rules may supply operational detail. The examples and checklists in this explanation are practical commentary and do not create additional legal duties.

Practical scenarios

1. A divorce finalised in 2020 may require the former law when analysing rights fixed at that time.
2. A custody application filed after 15 April 2025 should start from the current 2024 law rather than the repealed 2005 statute.
3. An old will or estate file may require transitional and governing-law analysis.
4. A non-Muslim family should also check whether the separate Civil Personal Status regime applies.

Amendments and related legislation

Historical law. The current general federal Personal Status Law is the law issued under Federal Decree-Law No. (41) of 2024, effective 15 April 2025.

What businesses and individuals should check

• For current general personal-status matters, use Federal Decree-Law No. (41) of 2024 and its implementing judicial rules.
• Do not confuse this former law with Federal Decree-Law No. (41) of 2022 on Civil Personal Status for its separate statutory scope.
• Legacy divorces, custody orders, wills and estate issues may require transition analysis.
• Foreign-law and jurisdiction issues must be checked against the law applicable at the relevant time.
• Confirm the current version/status of the principal legislation on the date relevant to the issue.
• Check all implementing instruments listed in the manifest and any later official updates.
• Preserve the official source citation used for a compliance, transaction or litigation decision.
• Do not rely on the cover artwork as proof of government endorsement or official publication.

When legal advice may be useful

Professional interpretation may be useful where the applicable law changed between the underlying event and the current date, a transitional rule is important, jurisdiction or regulatory perimeter is disputed, an enforcement or penalty provision may apply, or the matter involves significant rights, assets or procedural deadlines.

Information status

Research checked on 2026-08-31. This explanation is general legal information and should be re-verified against the official UAE source before use in a specific transaction, proceeding or compliance decision.