Legal system of the United Arab Emirates

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Lua error in package.lua at line 80: module 'strict' not found.The judicial system in the United Arab Emirates is based on the civil law system with some elements derived from Sharia law.

Criminal law

The UAE penal code is not based strictly on Islamic Sharia, but derives elements from it. Sharia law does exist in the UAE but is only used in specific circumstances, such as in the payment of blood money. Individual emirates have also suspended some Sharia punishments such as flogging, replacing them with jail terms.[1]

Juveniles

Under UAE Law, a juvenile is an individual aged 18 or below. Capital punishment, imprisonment, or fines cannot be imposed as sentences against juveniles who commit criminal offences. The Juveniles law follows a Restorative Justice model focusing on the needs of the young offender. Judges can issue a variety of non-punitive sentences including reprimand, putting young 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.[2]

The application of Sharia Law

Flogging and stoning

Flogging is a punishment for certain criminal offences (such as adultery, and alcohol consumption by Muslims)[3][4][5][6] and it is applicable to both genders. Between 2007 and 2014, many people in the UAE were sentenced to 100 lashes.[7][8][9][10][11][12][13][14][15] Verbal abuse pertaining to a person's sexual honour is illegal and punishable by 80 lashes.[16] In January 2014, a man in Abu Dhabi was sentenced to 10 years imprisonment and 80 lashes for alcohol consumption and raping a toddler.[17]

Alcohol consumption for Muslims is illegal and punishable by 80 lashes, many Muslims have been sentenced to 80 lashes for alcohol consumption.[18][19][20][21][22][23][24][25] 80 lashes is the standard amount for anyone sentenced to flogging in some emirates.[26] Sometimes 40 lashes are given.[27] Non Muslims are required to have Alcohol Licenses to be allowed to consume spirits and alcohol. If a license was not obtained, the punishment will be 1–6 months detention and/or a fine not exceeding 2000 Dirhams (approximately 544 US Dollars). Non Muslims cannot be punished by flogging under Sharia Principles for consuming alcohol and this has been confirmed by UAE Federal Law No.52 of year 2006.[28] Drunk-driving is strictly illegal.

Stoning is a legal punishment under Sharia. Between 2009 and 2013, several people were sentenced to death by stoning.[10][29][30]

Abortion is illegal and carries a sentence of one to five years in prison and/or a fine (around 2722 US Dollars).[31]

False allegations crimes

Many western associations state that many women who reported rape but were convicted for false allegations are still victims of rape. This is what they call criminalization of rape victims.[32] The Emirates Center for Human Rights expressed concern over Dubai's criminalization of what they call "rape victims".[33]

In Dubai, a woman who engages in consensual extramarital relations and press false allegations of rape can be sentenced to over a year of time in prison.[33]

The Emirates Center for Human Rights states that "Until laws are reformed, victims of sexual violence in the UAE will continue to suffer" referring to a case in July 2013 in which a 24 year old Norwegian woman reported an alleged rape to the police and received a prison sentence for "perjury, consensual extramarital sex and alcohol consumption" after she admitted lying about the rape.[33][34][35]

In July 2013, a Norwegian woman, Marte Dalelv, reported rape to the police and received a prison sentence for "illicit sex and alcohol consumption" and false allegations.[36]

Apostasy

Apostasy is a crime punishable by death in the UAE.[37][38] Blasphemy is illegal, expats involved in insulting Islam are punished by deportation.[39] UAE incorporates hudud crimes of Sharia into its Penal Code - apostasy being one of them.[40] Article 1 and Article 66 of UAE's Penal Code requires hudud crimes to be punished with the death penalty,[40][41] therefore apostasy is punishable by death in the UAE.

Dress code

The UAE has a modest dress code. The dress code is part of Dubai's criminal law.[42] Most malls in the UAE have a dress code displayed at entrances.[43] At Dubai's malls, females should cover their shoulders and knees, therefore sleeveless tops and short shorts are not permitted.[43][44][45][46][47][48] However, the dress code is not strictly enforced in public places and it is very common to see people wearing all kinds of outfits at those places, especially in Dubai.

Homosexuality, public affection

Homosexuality is illegal: homosexuality is a capital offense in the UAE.[49][50] In 2014, an Emirati man was on trial for being accused of a "gay handshake".[50]

Kissing in public is illegal and can result in deportation.[51] Expats in Dubai have been deported for kissing in public.[52][53][54] In Abu Dhabi, people have been sentenced to 80 lashes for kissing in public.[55]

Other laws

Article 1 of the Federal Penal Code states that "provisions of the Islamic Law shall apply to the crimes of doctrinal punishment, punitive punishment and blood money."[56] The Federal Penal Code repealed only those provisions within the penal codes of individual emirates which are contradictory to the Federal Penal Code. Hence, both are enforceable simultaneously.[57]

A new federal law in the UAE prohibits swearing in Whatsapp and penalizes swearing by a $68,061 fine and imprisonment,[58] expats are penalized by deportation.[58][59][60][61] In July 2015, an Australian expat was deported for swearing in Facebook.[62][63][64][65][66]

During the month of Ramadan, it is illegal to publicly eat, drink, or smoke between sunrise and sunset.[67] Exceptions are made for pregnant women and children. The law applies to both Muslims and non-Muslims,[67] and failure to comply results in arrest.[68]

Personal status law

Sharia law dictates the personal status law, which regulate matters such as marriage, divorce and child custody. The Sharia-based personal status law is applied to Muslims and sometimes non-Muslims.[69] Non-Muslims can be liable to Sharia rulings on marriage, divorce and child custody.[69] However, the burden is on the Non Muslim party to request that foreign family laws are applied on a particular case. Judges would entertain such requests in line with Article 1 of the Personal Status Law.

Emirati women must receive permission from a male guardian to marry and remarry.[70] The requirement has been federal law since 2005.[70] In all emirates, it is illegal for Muslim women to marry non-Muslims.[71]

Personal Status courts have exclusive jurisdiction to hear family disputes, including matters involving divorce, inheritances, child custody, child abuse and guardianship of minors.

See also

Judicial system in the UAE

References

  1. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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  6. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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  10. ↑ 10.0 10.1 Lua error in package.lua at line 80: module 'strict' not found.
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  40. ↑ 40.0 40.1 Butti Sultan Butti Ali Al-Muhairi (1996), The Islamisation of Laws in the UAE: The Case of the Penal Code, Arab Law Quarterly, Vol. 11, No. 4 (1996), pp. 350-371
  41. ↑ Al-Muhairi (1997), Conclusion to the Series of Articles on the UAE Penal Law. Arab Law Quarterly, Vol. 12, No. 4
  42. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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  67. ↑ 67.0 67.1 Lua error in package.lua at line 80: module 'strict' not found.
  68. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  69. ↑ 69.0 69.1 Lua error in package.lua at line 80: module 'strict' not found.
  70. ↑ 70.0 70.1 Lua error in package.lua at line 80: module 'strict' not found.
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