Legal system of the United Arab Emirates

The legal system in the United Arab Emirates is based on civil law, and Sharia law in the personal status matters of Muslims and blood money compensation.[1] Personal status matters of non-Muslims are based on civil law.[2] The UAE constitution established a federal court system and allows all emirates to establish local courts systems.[3] The emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while other emirates follow the federal court system.[4] Some financial free trade zones in Abu Dhabi and Dubai have their own legal and court systems based on English common law; local businesses in both emirates are allowed to opt-in to the jurisdiction of common law courts for business contracts.[4][5][6]

Judicial structure

Under the Constitution of the United Arab Emirates, each emirate is allowed to establish its own judiciary or to follow the federal court system.

Federal Court System

The UAE federal system includes courts of first instance (trial court), courts of appeal and the Supreme Court.

The federal court system is the sole court system in the emirates of Ajman, Fujairah, Sharjah and Umm Al Quwain.

Local Court System

The local court systems (النظام القضائي المحلي) is in trial, appeal and cassation courts. The emirates of Abu Dhabi, Dubai and Ras Al Khaimah have their own courts of cassation.[7]

Legal processes

Criminal actions commence with a police investigation which is transferred to the prosecutor's office within 48 hours of filing a complaint. The prosecutor will then hear and document statements from witnesses to determine if charges will be pressed or dropped, which must be completed 14 days from receiving the case from the police. If the prosecutor determines charges should be pressed, the parties can proceed in hiring an attorney. All attorneys must be licensed to practice law in the court system where the case is being adjudicated, and must be approved by an official deed notarized by a notary public to try the case.[8]

Trial procedures

Under the UAE constitution all defendants are innocent until proven guilty. Trials are public except for trials involving national security or cases where any evidence, testimonies or results the judge deems to be detrimental to societal morality.[9] As none of the court systems use common law to prosecute crimes, criminal cases involve no juries. Also, all proceedings are delivered in the Arabic, but non-Arabic speakers are entitled to translators. Defendants charged with felonies punishable by three to fifteen years in prison with no attorney may have counsel provided for them at the states discretion.[9] UAE prosecutors and defense lawyers have the ability to withhold any investigation from each other involving the case.[9] After a defendant is criminally indicted, they may be released on bail informally. Bail can include cash deposit, surrendering passports or an unsecured guarantee from a third party. Diyah or blood money qualifies as debt to a crime committed.

Criminal law

The UAE penal code dictates legal punishments for all crimes and offence in all matters except for blood money amounts which are derived from Sharia law.[1] Emirates with local courts systems have their own penal codes that are independent from the federal penal code.[10]

Juveniles

Under UAE law, a juvenile is an individual under the age of 18. Capital punishment, imprisonment, or fines cannot be imposed as sentences against juveniles who commit criminal offences; however, judges have discretion to issue imprisonment sentences of up to ten years to juveniles over the age of 16.[11] Judges can issue a variety of non-punitive sentences including reprimand, juvenile offenders under the supervision of a guardian, or rehabilitation. In 2015, 40% of all cases examined by prosecutors were related to offences committed by juveniles.[12]

Blood Money

If one causes the death or injury of another person accidentally or intentionally, he or she must pay the victim's family blood money as a means of compensation. Blood money is only payable if the defendant is found guilty under the criminal procedure or legally responsible for the death of the victim.[13] If the defendant is found defending themselves, family, or property, blood money is not paid. Blood money for the death of a male is AED 200,000 (US$54,450) and AED 100,000 (US$27,225) for females of all faiths and nationalities.[13]

Punishable offenses

Verbal abuse and hate speech

Verbal abuse, including on social media is illegal and is punishable by a fine up to AED 250,000 or up to a year in prison, excluding any monetary compensation to the victim;[14][15] some expats were penalized by deportation.[15][16][17][18]

Alcohol consumption and driving under the influence

Since 2020, consumption and procession of alcohol has have been decriminalised federally for all faiths and individual emirates were given the power to regulate alcohol sales in their emirates; Sharjah maintains its ban on the sale of alcohol, and Dubai still requires alcohol licenses for the purchase of alcohol outside bars and restaurants.[19] Driving under the influence is strictly illegal and the legal blood alcohol level in the UAE is zero.[20]

Abortion

Abortion is illegal in the UAE, except where a woman's life is at risk or the unborn child has a genetic condition that will prove to be fatal.[21] A woman who is found to have undergone an elective abortion may face a penalty of up to one year in prison and a fine up to ten-thousand dirhams.[22]

Apostasy from Islam and blasphemy

Apostasy is technically capital crime in the UAE, however there are no documented cases of the punishment being applied.[23][24] Blasphemy is illegal and is defined as any act insulting God, religions, prophets, messengers, holy books, or houses of worship; foreigners convicted of blasphemy are deported.[25][26]

Homosexuality, extra-martial sex and adultery

Homosexuality, extra-marital sex and adultery are illegal and are punishable with a minimum of 6 months imprisonment; since 2022, however, prosecution is only carried out on a complaint of the husband or legal guardian of one of the two people involved.[27] Penalties for homosexuality and other morality laws such as cross-dressing continues to be penalized.[28]

Cross-dressing

Under Emirati law, people are arrested for cross-dressing, that is, for wearing clothing deemed "inappropriate for one’s sex". Foreign residents have been deported for this reason.[29]

Public display of affection

Public shows of affection are considered discourteous in Emirati culture and are discouraged. However, normal kissing or hugging is acceptable.[30] Engaging in sexual intercourse in public areas is a crime punishable by law.[31]

Corporal punishment

Corporal punishment, including amputations and flogging, was officially removed as a legal form of punishment in 2020.[1]

Capital punishment

Under Emirati law, multiple crimes carry the death penalty, and executions are carried out through a firing squad.[32][33][34][35] Current law allows the death penalty for treason, espionage, murder, successfully inciting the suicide of a mentally ill person, arson resulting in death, indecent assault resulting in death, nuclear waste disposal in the environment, apostasy, rape of a minor, perjury causing wrongful execution, aggravated robbery, terrorism, drug trafficking[35] and joining the Islamic State of Iraq and the Levant.[34][33] Overseas nationals and UAE nationals have both been executed for crimes.

Personal status law

For Muslims

In the UAE, Sharia dictates most Muslim personal status law. Sharia courts have exclusive jurisdiction to hear family disputes, including matters involving divorce, inheritances, child custody, child abuse and guardianship for Muslims in the UAE.[36] Accordingly, Muslim females require the permission of a male guardian to marry and Muslim women are not allowed to marry non-Muslims.[37][38] Furthemore, Muslim men are allowed to practice polygamy and marry up to four women.[39]

For non-Muslims

Non-Muslims are bound by the personal status laws of their home countries following changes to federal and local laws; this includes marriages, wills, inheritance, prenuptial agreements and alimony.[40]

Social security

The UAE has no social security laws that cover non-citizens, but the country provides social security to Emirati seniors, people with disabilities or those incapable of self support. The country also provides welfare benefits such as free medical care, education, and subsidised water and electricity to citizens.[41] Victims of catastrophic illnesses and disasters are entitled benefits.[42]

Free speech and free press

Section 2A of the United Arab Emirates constitution provides freedom of speech and press. However, the law prohibits criticism and slander of public officials that may create or encourage social uproar.[9] Journalists undergo strict boundaries implemented from the government. A variety of information can be published and distributed without the content being harmful or insulting to others. All sources must be reliable and will not be published until a full investigation has been performed to phish out any fabricated information.[43] Reporters are entitled to document and publish the details of public trials, except for the names of the accused, victims, or witnesses.[43]

2020 legal reforms

In September 2020, corporal punishment was officially removed as a legal form of punishment under UAE federal law. Article 1 of the Federal Penal Code was amended in 2020 to state that Sharia applies only to retribution and blood money punishments and the decree defined legal forms of punishment are retribution and blood money punishments, capital punishment, life imprisonment, temporary imprisonment incarceration, detention, and fines.[1] Previously the article stated that "provisions of the Islamic Law shall apply to the crimes of doctrinal punishment, punitive punishment and blood money"[1][44] making flogging, stoning, amputation, and crucifixion were technically legal punishments for criminal offences such as adultery, premarital sex, and drug or alcohol consumption.[45][46]

Since November 2020, alcohol consumption for Muslims and non-Muslims is legal, but the law gives emirates the right to regulate alcohol sale and consumption; the emirate of Sharjah is still a dry emirate.[47] Consensual extra-marital sex, including same-sex extra-martial sex law was changed to consider extra-marital sex a crime carrying a minimum sentence of 6 months imprisonment, but the law does not apply "except on the basis of a complaint from the husband or legal guardian", but the penalty may be suspended if the complaint is waived.[48][49] The UAE also legalized co-habitation, and provided for a legal process for children born outside of wedlock.[50] Parents still face a minimum of 2 years of jail term if neither decide to document the child.[51]

References

  1. ^ a b c d e "Federal Decree Law No. (15) of 2020". Ministry of Justice. 27 September 2020. Pages 1, Article 1 "The provisions of the Islamic Shari’a shall apply to the retribution and blood money crimes. Other crimes and their respective punishments shall be provided for in accordance with the provisions of this Law and other applicable penal codes". Archived from the original on 31 May 2023. Retrieved 8 June 2023.
  2. ^ Husain, Zainab (2022-12-27). "New UAE law for non-Muslims – 5 criteria for civil marriage". gulfnews.com. Retrieved 2023-06-08.
  3. ^ "Know-how - Arbitration News, Features and Reviews - Global Arbitration Review". Archived from the original on 2016-03-12. Retrieved 2016-03-07.
  4. ^ a b "Legal Systems in the United Arab Emirates: Overview". Practical Law. Retrieved 2023-06-22.
  5. ^ "Abu Dhabi Global Market courts: framework, procedures and first judgment summary". Practical Law. Retrieved 2023-06-22.
  6. ^ "Case Law Update: Agreeing 'Dubai Courts' may be an 'opt-in' to the DIFC Courts' Jurisdiction". Addleshaw Goddard. Retrieved 2023-06-22.
  7. ^ "Legal and Judicial System in the United Arab Emirates - Shoeb Saher". Retrieved 2016-10-19.
  8. ^ "The UAE Court System." [1]. N.p., n.d. Web. 18 Mar. 2014.
  9. ^ a b c d United Arab Emirates.[2] .N.p.,n.d. Web. 25 Mar. 2014.
  10. ^ "International coverage of UAE law: ignorance is no excuse | The National". www.thenational.ae. Retrieved 2016-05-14.
  11. ^ Juvenile Delinquent and Vagrant Act. Article 8. N.p., Web. 6 April 2014.[3]
  12. ^ "Abu Dhabi scheme to teach children legal responsibilities | The National". www.thenational.ae. Retrieved 2016-05-14.
  13. ^ a b Al Jandaly, Bassma. "Blood Money In Islamic Law." Gulfnews.com. N.p., 20 Jan. 2009. Web 12 Apr. 2014.
  14. ^ "Shamsa AlBedwawi Advocates and Legal Consultants". shadvocates.com. Retrieved 2023-11-16.
  15. ^ a b "Swearing on Whatsapp 'will result in £40,000 fine and deportation, UAE rules'". The Independent. 16 June 2015.
  16. ^ "UAE Imposes over $68,000 Fine, Jail Term for Swearing on Whatsapp; Expatriates Face Deportation". International Business Times. 16 June 2015.
  17. ^ "Man to face trial in UAE for swearing in WhatsApp message". 7days.ae. 16 June 2015. Archived from the original on 23 September 2015.
  18. ^ "British Expats Face Being Deported From UAE For Swearing On WhatsApp". Yahoo News. 16 June 2015.
  19. ^ Duncan, Gillian (2020-11-08). "UAE legal reforms: new alcohol laws explained". The National. Retrieved 2023-11-16.
  20. ^ "Changes to laws related to alcohol consumption in the UAE". www.roedl.com. Retrieved 2023-11-16.
  21. ^ Abortion in the UAE
  22. ^ [Article 340, Penal Code]
  23. ^ Evans, Robert (10 December 2013). "Atheists face death in 13 countries, global discrimination: study". Reuters.
  24. ^ "The International Briefing: Persecution of Atheists and Apostates". Archived from the original on 2015-04-28.
  25. ^ "United Arab Emirates 2017 International Religious Freedom Report" (PDF). U.S. State Department.
  26. ^ "UAE to deport expats abusing religions". Emirates 247. 22 July 2015.
  27. ^ "UAE: Sweeping Legal 'Reforms' Deepen Repression". Human Rights Watch. 5 June 2022. Retrieved 21 June 2023. Under the 2021 law, if men and women have sex outside of marriage, the act carries a penalty of no less than six months' imprisonment. Sodomy with an adult male is also criminalized under the law. In both cases, the offenses can only be prosecuted on the basis of a complaint by a husband or male guardian. ... The law disproportionately affects women as it only allows men to complain about and forgive extramarital sex, and provides for only a minimum sentence allowing judges' discretion to provide harsher sentences.
  28. ^ "United Arab Emirates: Criminalisation - Enforcement 2020". humandignitytrust.org. Human Dignity Trust. 13 February 2019. Retrieved 7 August 2022.
  29. ^ "United Arab Emirates". Human Dignity Trust. 2019-02-13. Retrieved 2024-01-15.
  30. ^ "Nose kiss, anyone? How the Gulf Arab greeting has evolved". english.alarabiya.net. 4 May 2014. Retrieved 2019-10-22.
  31. ^ "Police officers jailed over Dubai Marina yacht sex parties". The National. Retrieved 2019-10-22.
  32. ^ "Timeline of executions in UAE". Gulf News. 23 November 2017. Retrieved 6 December 2017.
  33. ^ a b "UAE sentences 'jihadi teenager' to death for joining IS". The New Arab. 10 January 2016. Retrieved 6 December 2017.
  34. ^ a b "UAE sentences four to death for joining IS". The New Arab. 15 February 2016. Retrieved 6 December 2017.
  35. ^ a b "The Death Penalty in United Arab Emirates". Death Penalty Worldwide. Archived from the original on 16 June 2019. Retrieved 25 August 2017.
  36. ^ Nowais, Shireena Al (2023-02-01). "New family law for non-Muslim residents comes into effect today". The National. Retrieved 2023-11-16.
  37. ^ "Divorcees, widows concerned about receiving 'permission' before remarrying".
  38. ^ "United Arab Emirates International Religious Freedom Report, Bureau of Democracy, Human Rights, and Labor (2009)". U.S. Department of State. Archived from the original on 2009-10-31.
  39. ^ Abdulla, Saleh, and Mirad Abdulla. "The Use of the Death Penalty Under the Law of the United Arab Emirates." Diss. University of Aberystwyth, 2012. Print.
  40. ^ National, The (2023-08-18). "Marriage, divorce and inheritance in the UAE: Everything you need to know". The National. Retrieved 2023-11-20.
  41. ^ "Social development - United Arab Emirates - future". www.nationsencyclopedia.com. Retrieved 2016-07-04.
  42. ^ "United Arab Emirates - Health and Welfare". Retrieved 2016-07-04.
  43. ^ a b "Protection of News Sources in UAE." Free Trial and News Sources. N.p., n.d. Web. 12 Apr. 2014 [4]
  44. ^ "Federal Law No (3) of 1987 on Issuance of the Penal Code". United Nations Office on Drugs and Crime. Archived from the original on 25 May 2013.
  45. ^ "2013 Human Rights Reports: United Arab Emirates". US Department of State. Sharia (Islamic law) courts, which adjudicate criminal and family law, have the option of imposing flogging as punishment for adultery, prostitution, consensual premarital sex, pregnancy outside marriage, defamation of character, and drug or alcohol abuse.
  46. ^ "U.N. Commission on Crime Prevention and Criminal Justice: United Arab Emirates". Human Rights Voices. Archived from the original on 11 November 2020. Retrieved 12 February 2016.
  47. ^ Duncan, Gillian (2020-11-08). "UAE legal reforms: new alcohol laws explained". The National. Retrieved 2023-06-08.
  48. ^ Mehta, Ashish. "New UAE laws: Is it illegal to be romantically involved with a married woman?". Khaleej Times. Retrieved 2023-06-08.
  49. ^ "UAE: Greater Progress Needed on Women's Rights". Human Rights Watch. 2021-03-04. Retrieved 2023-06-08.
  50. ^ Graham-Harrison, Emma (2020-11-09). "UAE decriminalises alcohol and lifts ban on unmarried couples living together". The Guardian. ISSN 0261-3077. Retrieved 2023-09-21.
  51. ^ "After UAE law change, out-of-wedlock babies still in shadows". APNews. Retrieved 13 December 2021.

External links

Retrieved from "https://en.wikipedia.org/w/index.php?title=Legal_system_of_the_United_Arab_Emirates&oldid=1214521658"