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]
The justice system in the UAE has been characterized as opaque. International money launderers, criminals, corrupt political figures and sanctioned businesspeople are prevalent in the UAE where it is easy to hide wealth and engage in moneylaundering.[7][8]
Judicial structure
[edit]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 system
[edit]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 system
[edit]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.[9]
Legal processes
[edit]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.[10]
Trial procedures
[edit]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.[11] 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.[11] UAE prosecutors and defense lawyers have the ability to withhold any investigation from each other involving the case.[11] 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
[edit]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.[12]
Juveniles
[edit]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.[13] 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.[14]
Blood Money
[edit]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.[15] 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.[15]
Punishable offenses
[edit]Verbal abuse and hate speech
[edit]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;[16][17] some expats were penalized by deportation.[17][18][19][20]
Alcohol consumption and driving under the influence
[edit]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.[21] Driving under the influence is strictly illegal and the legal blood alcohol level in the UAE is zero.[22]
Abortion
[edit]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.[23] 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 AED 10,000 .[24]
Apostasy from Islam and blasphemy
[edit]Apostasy is technically capital crime in the UAE, however there are no documented cases of the punishment being applied.[25][26] 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.[27][28]
Cross-dressing
[edit]Emirati law which criminalized cross-dressing, that is, wearing clothing deemed "inappropriate for one's sex", was changed in 2020 to more narrowly apply only to "men who enter a place designated for women while disguised as a woman".[29] Foreign residents have been deported for this reason in past years, and individuals continue to be sanctioned for the practice.[30]
Sexual activity
[edit]Homosexuality, extra-marital sex and adultery are illegal and are punishable with a minimum of 6 months in jail; since 2022, however, prosecution is only carried out on a complaint of the husband or male legal guardian of one of the two people involved.[31]
Public display of affection
[edit]Public shows of affection are considered discourteous in Emirati culture and are discouraged. However, normal kissing or hugging is acceptable.[32] Engaging in sexual intercourse in public areas is a crime punishable by law.[33]
Corporal punishment
[edit]Corporal punishment, including amputations and flogging, was officially removed as a legal form of punishment in 2020.[1] Despite this, the United States Department of State has reported continuing imposition of sentences to flogging by sharia courts, as of 2021[update]:[34]
... Sharia (Islamic) courts, which adjudicate criminal and family law cases, still impose flogging as punishment for adultery, prostitution, consensual premarital sex, pregnancy outside marriage, defamation of character, and drug or alcohol charges.
Such penalties were in use in the country in the past; sentences to more severe forms of corporal punishments were regularly commuted.[35][36][37][self-published source?]
Capital punishment
[edit]Under Emirati law, multiple crimes carry the death penalty, and executions are required to be carried out by firing squad.[38][39][40][41] 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[41] and joining the Islamic State of Iraq and the Levant.[40][39] Sentences of capital punishment are infrequently carried out, usually being commuted, albeit to lengthy terms of imprisonment.[42] Both foreign nationals and UAE citizens have been executed for crimes.
Personal status law
[edit]For Muslims
[edit]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.[43] Accordingly, Muslim females require the permission of a male guardian to marry and Muslim women are not allowed to marry non-Muslims.[44][45] Furthermore, Muslim men are allowed to practice polygamy and marry up to four women.[46]
For non-Muslims
[edit]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.[47]
Social security
[edit]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.[48] Victims of catastrophic illnesses and disasters are entitled to benefits.[49]
Free speech and free press
[edit]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.[11] 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.[50] Reporters are entitled to document and publish the details of public trials, except for the names of the accused, victims, or witnesses.[50]
2020 legal reforms
[edit]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][51] making flogging, stoning, amputation, and crucifixion were technically legal punishments for criminal offences such as adultery, premarital sex, and drug or alcohol consumption.[52][53]
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.[54] 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.[55][56] The UAE also legalized co-habitation, and provided for a legal process for children born outside of wedlock.[57] Parents still face a minimum of 2 years of jail term if neither decide to document the child.[58]
References
[edit]- ^ 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.
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- ^ "Abu Dhabi scheme to teach children legal responsibilities | The National". www.thenational.ae. 21 January 2015. Retrieved 2016-05-14.
- ^ a b Al Jandaly, Bassma. "Blood Money In Islamic Law." Gulfnews.com. N.p., 20 Jan. 2009. Web 12 Apr. 2014.
- ^ "Shamsa AlBedwawi Advocates and Legal Consultants". shadvocates.com. Retrieved 2023-11-16.
- ^ a b "Swearing on Whatsapp 'will result in £40,000 fine and deportation, UAE rules'". The Independent. 16 June 2015.
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- ^ Abortion in the UAE
- ^ [Article 340, Penal Code]
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- ^ "United Arab Emirates 2017 International Religious Freedom Report" (PDF). U.S. State Department.
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- ^ Bureau of Democracy, Human Rights, and Labor (2021). "Section 6. Discrimination and Societal Abuses – Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity". 2021 Country Reports on Human Rights Practices: United Arab Emirates (Report). United States Department of State. p. 35:
In November 2020 the penal code dropped a clause criminalizing wearing clothing deemed inappropriate for one's sex. The law now criminalizes only men who enter a place designated for women while disguised as a woman. The punishment for this infraction is up to one year in jail and a fine of up to DH 100,000 (US$27,250).
PDF download - ^ "United Arab Emirates: Criminalisation - Enforcement 2020". humandignitytrust.org. Human Dignity Trust. 13 February 2019. Retrieved 7 August 2022.
- ^ "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.
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In February an Indonesian woman convicted of adultery by the Shari'a court in the Emirate of Fujairah, was sentenced to death by stoning after she purportedly insisted on such punishment. The sentence was commuted on appeal to 1 year in prison, followed by deportation. In June 1998, the Shari'a court in Fujairah sentenced three Omani nationals convicted of robbery to have their right hands amputated. The Fujairah prosecutor's office instead commuted the sentence to a term of imprisonment.
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In the UAE, death penalties are usually not carried out and are instead replaced with another penalty, most often a prolonged prison sentence.
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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.
- ^ "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.
- ^ Duncan, Gillian (2020-11-08). "UAE legal reforms: new alcohol laws explained". The National. Retrieved 2023-06-08.
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