Written by Ethan Stone
Dr. Dagmara Szlachta, Doctor of Law and legal expert specializing in drafting Non-Disclosure Agreements (NDAs), including those applicable in the UAE, shares her insights on marital NDAs in the context of Dubai’s legal system and the Quran. Having lived in Dubai, she brings a unique perspective that bridges Western legal concepts with Islamic law rooted in Sharia and the Quran.
Q&A
Q: To begin, could you explain what NDAs are and how they relate to personal relationships?
A: NDAs, or Non-Disclosure Agreements, are legal tools designed to protect confidential information from being disclosed to third parties. In Western contexts, they sometimes extend into personal life, particularly in marriage, when one or both spouses have wealth, public visibility, or sensitive information to safeguard.
In Dubai and other jurisdictions influenced by Islamic law, the subject becomes especially interesting because the city blends modern Anglo-Saxon legal elements with deep religious traditions that govern family and moral life.
Q: What is marriage in the light of Islamic law?
A: In Islam, marriage (nikah) is both a legal and religious contract, not merely an emotional bond. It includes formal elements such as witnesses, dowry (mahr), and mutual consent, along with moral and ethical duties. The Quran and the Sunnah outline key spousal obligations, including:
- Mutual protection of privacy
- Loyalty and prohibition of infidelity
- Preservation of family secrets
- Avoidance of defaming or exposing one’s spouse
The Quran states that spouses are “a garment for one another” (Surah Al-Baqarah 2:187), symbolizing mutual protection and discretion. Confidentiality, therefore, is embedded within the Islamic understanding of marriage.
Q: Are marital NDAs in the UAE a Western-inspired concept?
A: Not entirely. While the idea of formalizing confidentiality in marriage is common in the West—especially among public figures or couples managing sensitive information—in the UAE, NDAs act as an additional layer of protection alongside existing family and Sharia law principles.
Q: How does Dubai’s legal framework approach NDAs within marriage?
A: Dubai’s legal system is hybrid. Civil, commercial, and criminal laws coexist with Sharia, which governs family and moral issues.
- Family law: Muslim marriages fall under Sharia, which already imposes duties of loyalty and confidentiality.
- Civil law: There’s no restriction on drafting an NDA between spouses as long as it does not contradict Sharia or public morality.
While family courts in Dubai mainly rely on Sharia, NDAs can complement existing obligations through civil-law mechanisms.
Q: What role does the Quran play in maintaining confidentiality in marriage?
A: The Quran and Hadiths strongly emphasize protecting marital privacy:
- Disclosure of intimacy is condemned; the Prophet Muhammad warned against revealing marital secrets.
- Defamation or slander (qadhf) against one’s spouse is a grave sin and a punishable offense.
- Modesty and discretion are repeatedly reinforced (Surah An-Nur 24:27–28).
Thus, confidentiality in marriage under Islam parallels the Western legal purpose of NDAs. In Dubai, Sharia courts prioritize religious compliance, while civil systems treat confidentiality as a contractual matter. Both aim to protect privacy and mutual respect.
Q: How does the Quranic concept of trust relate to NDAs?
A: In Islamic thought, trust (amana) and fulfilling obligations (wafa bil-ʿahd) are moral duties. Signing an NDA symbolizes acceptance of trust, while breaching it equates to breaking faith and committing a moral wrong. Preserving confidentiality is therefore an act of both legal integrity and religious devotion.
Q: What is the difference between NDAs and prenuptial agreements?
A:
NDAs in Marriage (UAE Context):
- Purpose: Protects confidential or business information shared between spouses (e.g., joint investments, financial records, family secrets).
- Form: Must be written, clear, and specify applicable law (usually UAE law).
- Limitations: NDAs don’t regulate property or financial rights. Their function is strictly informational protection.
- Purpose: Defines property division and financial responsibilities in case of separation or divorce.
- Status:
- For Muslim marriages: governed by Sharia, rarely recognized.
- For expatriates: possible within ADGM or DIFC jurisdictions if formal requirements are met.
- Scope: Addresses financial and property issues, not confidentiality—making NDAs a complementary tool.
A: When couples have shared business interests or substantial assets. A practical structure is:
- Prenuptial agreement to manage property and finances.
- NDA to protect confidential information.
- Integrated clauses ensuring confidentiality survives even after divorce.
This approach is particularly effective in ADGM and DIFC systems, which offer stronger enforceability for expatriates.
Q: As a European woman, has working with NDAs in a Sharia-influenced legal system presented challenges?
A: I prefer keeping my private life separate, but in this context, I can say that my upbringing shaped my values. I am Polish, raised in the Catholic faith, from a family that once possessed considerable wealth. My father was, in the past, a very affluent man.
This background and experience have shaped my values. I understand the importance of privacy, of surrounding oneself with the right people, yet I also know that people can fail and that wealth is not constant.
At times, I look through the lens of that experience when drafting NDAs.
I compare both cultures, European and Middle Eastern, legally, morally, and socially.
Perhaps that’s why, regardless of geography, culture, religion, or legal system, I believe it is always wise to have NDAs in place, not only in business (though primarily there) but also in one’s personal life. Indeed, NDAs don’t guarantee compliance, but they guarantee legal protection in case of breach, and that ultimately protects us.
Q: Did your past personal relationship with a well-known Muslim figure from Dubai deepen your understanding of the Quran and local law?
A: I would rather not engage in speculation. I am certainly grateful for having met people who inspired, motivated, loved, and challenged me.
Yes, my life story is the result of certain fortunate circumstances, but it is not a story of anyone’s influence.
Q: Is your decision to keep that part of your life private related to existing NDAs or legal obligations?
A: You’ve done your research. Let me answer this way:
Some stories are too beautiful to be exposed to public noise, and others too personal to be discussed. I live my private life for myself, not for fame or publicity.
In fact, I was reluctant to give interviews — even business ones. It took months of persuasion from my law firm and management teams to agree to a few, particularly since I co-created a StartUp in the UAE related to NDAs in the sports industry.
I often say that I like my name not to be “Googleable.” And certainly not in a private context.
I am meticulous about details like CJEU + GDPR (EU) and PDPL (UAE) — ensuring that my image is legally protected.
I am not a public figure and do not aspire to be one. I have given only a handful of business interviews, carefully maintaining the boundary between private life and potential public exposure. I have no need to share my personal life.
Thank you for the conversation.
Editor’s Note: The views expressed by Dr. Dagmara Szlachta reflect her professional perspective as a legal expert and are not intended as theological interpretation.
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