Legal system of the United Arab Emirates

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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]

Contents

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

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. [9]

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

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] 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. [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

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

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

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

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; [16] [17] some expats were penalized by deportation. [17] [18] [19] [20]

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. [21] Driving under the influence is strictly illegal and the legal blood alcohol level in the UAE is zero. [22]

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. [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

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]

Homosexuality, extra-martial sex and adultary

Homosexuality, extra-marital sex and adultery are illegal and are punishable, with the possible punishment ranging from minimum of 6 months in jail to the death penalty [29] >; since 2022, however, prosecution is only carried out on a complaint of the husband or legal guardian of one of the two people involved. [30] Penalties for homosexuality and other morality laws such as cross-dressing continues to be penalized. [31]

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. [32]

Public display of affection

Public shows of affection are considered discourteous in Emirati culture and are discouraged. However, normal kissing or hugging is acceptable. [33] Engaging in sexual intercourse in public areas is a crime punishable by law. [34]

Corporal punishment

Corporal punishments for federal penal code violations were removed in 2020, however Sharia offenses can still be punished by whippings, amputations and other punishments. [35]

Capital punishment

Under Emirati law, multiple crimes carry the death penalty, and executions are carried out through a firing squad. [36] [37] [38] [39] 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 [39] and joining the Islamic State of Iraq and the Levant. [38] [37] 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. [40] Accordingly, Muslim females require the permission of a male guardian to marry and Muslim women are not allowed to marry non-Muslims. [41] [42] Furthemore, Muslim men are allowed to practice polygamy and marry up to four women. [43]

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. [44]

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. [45] Victims of catastrophic illnesses and disasters are entitled benefits. [46]

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. [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. [47] Reporters are entitled to document and publish the details of public trials, except for the names of the accused, victims, or witnesses. [47]

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] [48] making flogging, stoning, amputation, and crucifixion were technically legal punishments for criminal offences such as adultery, premarital sex, and drug or alcohol consumption. [49] [50]

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. [51] 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. [52] [53] The UAE also legalized co-habitation, and provided for a legal process for children born outside of wedlock. [54] Parents still face a minimum of 2 years of jail term if neither decide to document the child. [55]

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<span class="mw-page-title-main">United Arab Emirates</span> Country in West Asia

The United Arab Emirates (UAE), or simply the Emirates, is a country in West Asia, in the Middle East. Located at the eastern end of the Arabian Peninsula, it shares borders with Oman and Saudi Arabia; as well as maritime borders in the Persian Gulf with Qatar and Iran. The United Arab Emirates is an elective monarchy formed from a federation of seven emirates. As of 2023, the UAE has an estimated population of 9.97 million. Emirati citizens are estimated to form 11.6% of the population; the remaining residents are expatriates, the majority of whom are South Asian. Islam is the official religion and Arabic is the official language. Abu Dhabi is the country's capital, while Dubai, the most populous city, is an international hub.

<span class="mw-page-title-main">Islam in the United Arab Emirates</span>

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In Islamic Law, tazir refers to punishment for offenses at the discretion of the judge (Qadi) or ruler of the state. It is one of three major types of punishments or sanctions under Sharia Islamic law — hadd, qisas and ta'zir. The punishments for the Hadd offenses are fixed by the Qur'an or Hadith, qisas allow equal retaliation in cases of intentional bodily harm, while ta'zir refers to punishments applied to the other offenses for which no punishment is specified in the Qur'an or the Hadith or is not punishable under either qisas or hudud.

Human Rights in the UAE are substantially restricted. The UAE does not have democratically elected institutions and citizens don't have the right to change their government or form political parties. Activists and academics who criticize the government are detained and imprisoned, and their families are often harassed by the state security apparatus. There are reports of forced disappearances of foreign nationals and Emirati citizens, who have been abducted, detained and tortured in undisclosed locations, and denied the right to a speedy trial and access to counsel during investigations by the UAE government. Human Rights Watch states that Emirati laws maintain capital punishment and discriminate against women, migrants and LGBT individuals.

<span class="mw-page-title-main">LGBT rights in the United Arab Emirates</span>

Lesbian, gay, bisexual and transgender (LGBT) people in the United Arab Emirates face discrimination and legal challenges. Homosexuality is illegal in the United Arab Emirates (UAE) and under the federal criminal provisions, consensual same-sex sexual activity is punishable by imprisonment; extra-marital sexual activity between persons of different sexes is also illegal. In both cases, prosecution will only be brought if a husband or male guardian of one of the participants makes a criminal complaint. The penalty is a minimum of six months imprisonment; no maximum penalty is prescribed, and the court has full discretion to impose any sentence in accordance with the country's constitution.

Qisas or Qiṣāṣ is an Islamic term interpreted to mean "retaliation in kind", "eye for an eye", or retributive justice.

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<span class="mw-page-title-main">Stoning</span> Method of capital punishment

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Judicial corporal punishment is the infliction of corporal punishment as a result of a sentence imposed on an offender by a court of law, including flagellation, forced amputations, caning, bastinado, birching, or strapping. Legal corporal punishment is forbidden in most countries, but it still is a form of legal punishment practiced according to the legislations of Brunei, Iran, Libya, the Maldives, Malaysia, Saudi Arabia, Singapore, the United Arab Emirates, Yemen, and Qatar, as well as parts of Indonesia and Nigeria.

Capital punishment is a legal penalty in the United Arab Emirates.

Sharia means Islamic law based on age-old concepts. Since the early Islamic states of the eighth and ninth centuries, Sharia always existed alongside other normative systems.

The judicial system of the United Arab Emirates is divided into federal courts and local courts. The federal justice system is defined in the Constitution of the United Arab Emirates, with the Federal Supreme Court based at Abu Dhabi. As of 2023, only the emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while all other emirates use the federal court system for all legal proceedings.

<span class="mw-page-title-main">Capital punishment for homosexuality</span> Death penalty for same-sex sexual activity

Capital punishment as a criminal punishment for homosexuality has been implemented by a number of countries in their history. It currently remains a legal punishment in several countries and regions, all of which have sharia–based criminal laws, except for Uganda.

Capital punishment for offenses is allowed by law in some countries. Such offenses include adultery, apostasy, blasphemy, corruption, drug trafficking, espionage, fraud, homosexuality and sodomy, perjury, prostitution, sorcery and witchcraft, theft, and treason.

<span class="mw-page-title-main">Judicial system of the Islamic Republic of Iran</span> One of the three forces in Islamic republic of Iran

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References

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