Ask Elhais

Question:

Can a local person emancipate themselves from their family in UAE? to be specific Dubai? Is it legally allowed? What laws support it? If it’s allowed what does she need to do it?

The situation:

A young female local friend of mine is currently in a really bad situation because of her family. As far as I know, the legal age here in the UAE is 21 and My friend is 19. She is suffering from extreme depression and from the anxiety disorder. Her family thinks that she’s just fine and she doesn’t need any medical help. But actually, I feel her family are embarrassed by it and don’t want to acknowledge it. She asked for help from her psychology professor and got therapy sessions but the professor told her it’s better to meet a doctor because her condition isn’t improving. She attends university and studies hard because of the family stress and their high expectations for her since she’s a good student. They expect her to study well not to disgrace their family but they say it is for her own good. But in the end, I don’t think they will allow her to work.

She is literally living in a cage, not allowed to leave the house and if she did she leaves with her mother only and for a very short time. The only way I get to meet her is to visit her house once in a while when she invites me for dinner after getting her family’s permission. She also suffered abuse from her older brother when she was younger but couldn’t talk to her parents because she doesn’t trust them. Also once her family saw her suffer from a panic attack and asked her whats wrong she said I don’t feel comfortable to speak to you I would rather speak to a stranger about it.

She asks me for help but I don’t know how I can help her. Her condition keeps getting worse and does this situation allow her legally to disown family legally? but I don’t even know if that is allowed here or not. Since she suffers mentally from her family does this give her any right to leave and be independent of her family? Please, I really need someones help to solve this problem.

Answer:

According to the Article No (85) of the Civil Transactions Law 5/1985 and Articles171,172 of the Federal Personal Status Law provide the legal age of majority of the natural person and mean the age at which the real person is informed and has the full domicile.

If the person is responsible for the legal acts on your own, where those actions helpful or harmful to a prohibited or a circle between benefit and damage or other rights?

The age of legal maturity set by the mentioned articles is twenty-one lunar years, which is equivalent to the solar calendar of twenty years and four months and twenty days, given that the lunar year is shorter than the solar year.

In same time kindly check the family law about guardianship

Article 210

The state ends with the arrival of the minor adult unless the court rules the continuation of the state of the father’s parents. The father does not break the stone by reaching adultery and adultery unless the father has stoned him after reaching puberty.

As for the guardian, it is necessary to dispose of the stone and a ruling from the judge.

Article 242

If the will is accompanied by a condition that contradicts the legitimate purposes or the provisions of this law, then the condition is invalid and the will is valid. It invalidates the will if it is an incorrect intention, and it is recommended that money be used in disobedience and invalidate the will.

Disclaimer:
The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expat residents in case none of them wanted to apply his/her home country’s law in the UAE.
To know more information about this law, please feel free to click this link