Legal system of the United Arab Emirates

The judicial system in the United Arab Emirates is derived from the civil law system and Sharia law. The court system consists of civil courts and Sharia courts.

Sharia courts have exclusive jurisdiction to hear several criminal cases including adultery, robbery, alcohol consumption and related crimes.[1]

Criminal law

Flogging and stoning

Flogging is a punishment for criminal offences such as adultery, premarital sex and alcohol consumption.[2][3][4] In all emirates except Dubai, flogging is legal with sentences ranging from 80 to 200 lashes.[5][6] Between 2007 and 2013, many people in UAE were sentenced to 100 lashes.[7][8][9][10][11][12][13][14] In Abu Dhabi, people have been sentenced to 80 lashes for kissing in public.[15] Several Muslims in Abu Dhabi were sentenced to 80 lashes for alcohol consumption.[16][17] An Estonian soldier in 2006 was sentenced to 40 lashes for being drunk.[18] Several people have been sentenced to 60 lashes for illicit sex.[19][20][21] Sharia courts have penalized domestic workers with floggings.[22] Under UAE law, premarital sex is punishable by 100 lashes.[23]

Stoning is a legal punishment in the UAE. In 2006, an expatriate was sentenced to death by stoning for committing adultery.[24] Between 2009 and 2013, several people were sentenced to death by stoning.[10][25][26] In May 2014, an Asian housemaid was sentenced to death by stoning in Abu Dhabi.[27][28][29]

Apostasy

Apostasy is a crime punishable by death in the UAE.[30][31] UAE incorporates hudud crimes of Sharia into its Penal Code – apostasy being one of them.[32] Article 1 and Article 66 of UAE's Penal Code requires hudud crimes to be punished with the death penalty,[32][33] therefore apostasy is punishable by death in the UAE.

Homosexuality

Homosexuality is illegal: homosexuality is a capital offense in the UAE.[34][35] In 2013, an Emirati man was on trial for being accused of a "gay handshake".[35] Article 80 of the Abu Dhabi Penal Code makes sodomy punishable with imprisonment of up to 14 years, while article 177 of the Penal Code of Dubai imposes imprisonment of up to 10 years on consensual sodomy.[36]

Alcohol

Expats have been jailed for alcohol consumption in public,[37] including several raped women have been charged with the crime of alcohol consumption in public.[38][39][40] Alcohol consumption is forbidden in public areas.[41] Alcohol consumption is allowed only in certain designated areas (licensed bars, clubs, hotels).[42][43]

Alcohol consumption is illegal for Muslims. In Abu Dhabi, several Muslims were sentenced to 80 lashes for alcohol consumption.[44][45]

Dress code

The UAE has a modest dress code. The dress code is part of Dubai's criminal law.[46] Most malls in the UAE have a dress code displayed at entrances.[47] At Dubai's malls, females should cover their shoulders and knees, therefore sleeveless tops and short shorts are not permitted.[47][48][49][50][51][52]

Public affection

Kissing in public is illegal and can result in deportation.[53] Expats in Dubai have been deported for kissing in public.[54][55][56] In Abu Dhabi, people have been sentenced to 80 lashes for kissing in public.[57]

Other laws and regulations

During the month of Ramadan, it is illegal to publicly eat, drink, or smoke between sunrise and sunset.[58] The law applies to both Muslims and non-Muslims, and failure to comply may result in arrest.[59]

Amputation is a legal punishment in the UAE due to the Sharia courts.[60][61][62][63][64] Crucifixion is a legal punishment in the UAE.[65][66][67]

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."[68] 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.[69]

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.[70] Non-Muslim expatriates can be liable to Sharia rulings on marriage, divorce and child custody.[70]

Emirati women must receive permission from a male guardian to marry and remarry.[71] The requirement is derived from Sharia, and has been federal law since 2005.[71] In all emirates, it is illegal for Muslim women to marry non-Muslims.[72] In the UAE, a marriage union between a Muslim woman and non-Muslim man is punishable by law, since it is considered a form of "fornication".[72]

Non-Muslims

According to Human Rights Watch, UAE's criminal and civil courts apply elements of Sharia law, codified into its criminal code and family law, in a way which discriminates against women.[73]

References

  1. ↑ "The UAE Court System". Consulate General of the United States Dubai, UAE.
  2. ↑ "Torture and flogging". Fanack.
  3. ↑ "U.N. Commission on Crime Prevention and Criminal Justice: United Arab Emirates". Human Rights Voices.
  4. ↑ "Country Reports on Human Rights Practices for 2008". Jeffrey T. Bergner. p. 2203.
  5. ↑ "United Arab Emirates". Shari'a (Islamic law) courts (except in Dubai) frequently impose flogging on Muslims found guilty of adultery, prostitution, and drug or alcohol abuse.
  6. ↑ "UAE: Judicial corporal punishment by flogging". World Corporal Punishment Research.
  7. ↑ "Pregnant maid to get 100 lashes after being found guilty of illegal affair". 7daysindubai.com. 9 October 2013.
  8. ↑ "Teenager to be lashed for adultery". Gulf Daily News.
  9. ↑ "Illicit lovers sentenced to 100 lashes each". Gulf News. 15 November 2010.
  10. ↑ 10.0 10.1 "Two women sentenced to death for adultery". Khaleej Times. 25 September 2013.
  11. ↑ "Prison for couple who conceived outside of wedlock". KA, 19, Emirati, was sentenced to six months in prison. Her would-be husband, AM, Omani, was sentenced to 100 lashes and one year in prison.
  12. ↑ "Adulterer to be lashed, jailed in Sharjah". Gulf News. 9 May 2010.
  13. ↑ "UAE - Amnesty International 2007". In June, in the Emirate of Fujairah, a Shari'a (Islamic) court imposed a sentence of death by stoning on Shahin 'Abdul Rahman, a Bangladeshi national, after convicting him of adultery with Asma Bikham Bijam, a migrant domestic worker, who was sentenced to receive a flogging of 100 lashes and to be imprisoned for one year.
  14. ↑ "DUBAI: Alleged victim of gang rape sentenced to one year in prison". At that point, she was facing a penalty for extramarital sex, which is 100 lashes and a minimum of three years in prison.
  15. ↑ "Couple deny kissing on Abu Dhabi Corniche". A man jailed and sentenced to 80 lashes for drunkenly kissing his girlfriend on the Corniche.
  16. ↑ "Man to get 80 lashes for drinking alcohol". Gulf News. 19 February 2010.
  17. ↑ "Man appeals 80 lashes for drinking alcohol in Abu Dhabi". The National. 9 August 2012.
  18. ↑ Al Jandaly, Bassma (16 April 2006). "Estonian soldier to be lashed". Gulf News.
  19. ↑ "Girl to receive 60 lashes for illicit sex". Gulf News. 20 June 2007.
  20. ↑ "Two sex workers are sentenced to lashes". Khaleej Times. 3 July 2006.
  21. ↑ "Indian lover in UAE sentenced to 60 lashes".
  22. ↑ "VI. Charges and Penalties against Domestic Workers". Human Rights Watch. 2014.
  23. ↑ "Woman denies affair after hearing she faces stoning". Under the same law, premarital sex is punishable by 100 lashes.
  24. ↑ "UAE: Death by stoning/ flogging". Amnesty International.
  25. ↑ "Man faces stoning in UAE for incest".
  26. ↑ "Woman denies affair after hearing she faces stoning". The National. 29 July 2009.
  27. ↑ "Expat faces death by stoning after admitting in court to cheating on husband".
  28. ↑ "Woman Sentenced to Death by Stoning in UAE".
  29. ↑ "Asian housemaid gets death for adultery in Abu Dhabi".
  30. ↑ "Atheists face death in 13 countries, global discrimination: study".
  31. ↑ "The International Briefing: Persecution of Atheists and Apostates".
  32. ↑ 32.0 32.1 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
  33. ↑ Al-Muhairi (1997), Conclusion to the Series of Articles on the UAE Penal Law. Arab Law Quarterly, Vol. 12, No. 4
  34. ↑ "United Arab Emirates". Facts as drug trafficking, homosexual behaviour, and apostasy are liable to capital punishment.
  35. ↑ 35.0 35.1 "Man Accused of "Gay Handshake" Stands Trial in Dubai".
  36. ↑ "Federal criminal statute In UAE". Sodomylaws.Org. Archived from the original on 14 June 2006.
  37. ↑ "Drinking in the UAE – what you need to know". The Telegraph.
  38. ↑ "Gang-rape victim in Dubai arrested for drinking alcohol: report". New York Daily News.
  39. ↑ Bakr, Amena (21 July 2013). "Woman jailed in Dubai after reporting rape hopes to warn others". Reuters. Retrieved 5 November 2013.
  40. ↑ "Dubai ruler pardons Norwegian woman convicted after she reported rape". CNN.com. Retrieved 10 September 2013.
  41. ↑ "Foreign travel advice: United Arab Emirates".
  42. ↑ "UAE law explained". timeoutdubai.com.
  43. ↑ "Foreign Office Dubai travel advice to Brits: No sex, alcohol or holding hands". Daily Mail.
  44. ↑ Al Jandaly, Bassma (19 February 2010). "Man to get 80 lashes for drinking alcohol". Gulf News.
  45. ↑ Dajani, Haneen (9 August 2012). "Man appeals 80 lashes for drinking alcohol in Abu Dhabi". The National.
  46. ↑ "Criminal Law of Dubai".
  47. ↑ 47.0 47.1 "UAE: "Dress Modestly" Drive Gains Momentum".
  48. ↑ "Twitter Campaign Wants Female Visitors To Respect UAE Dress Code In Malls".
  49. ↑ "Dubai Mall dress code".
  50. ↑ "UAE: Dress Code Campaign Urges Extra Inches of Clothing".
  51. ↑ "Dubai shopping malls urge visitors to dress modestly".
  52. ↑ "Dubai dress code".
  53. ↑ "Public kissing can lead to deportation".
  54. ↑ "Jailed Dubai kissing pair lose appeal over conviction".
  55. ↑ "Women get jail and deportation for kissing on Dubai public beach". gulfnews. 25 May 2008.
  56. ↑ "London man tells of 'shock' jailing in Dubai over kiss".
  57. ↑ "Couple deny kissing on Abu Dhabi Corniche". A man jailed and sentenced to 80 lashes for drunkenly kissing his girlfriend on the Corniche
  58. ↑ "Sharia law and Westerners in Dubai: should non-Muslims in UAE be made to face Islamic justice?".
  59. ↑ Riazat Butt (31 July 2011). "Britons warned to respect Ramadan while holidaying in Dubai". The Guardian (London, UK). OCLC 60623878.
  60. ↑ "Amnesty International Report 1999 - United Arab Emirates".
  61. ↑ "United Arab Emirates: Briefing for the Human Rights Council Universal Periodic Review" (PDF). p. 3.
  62. ↑ "United Arab Emirates - Global Progress". Punishments include flogging, amputation, and – as retaliation – injury similar to that for which the offender has been convicted of inflicting on the victim.
  63. ↑ "United Arab Emirates - Country Reports on Human Rights Practices". 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.
  64. ↑ "Defining Sharia's role in the UAE's legal foundation". The National.
  65. ↑ "Crucifixion for UAE murderers". The Independent.
  66. ↑ "UAE: Further information on fear of imminent crucifixion and execution". Amnesty International. September 1997.
  67. ↑ "UAE: Fear of imminent crucifixion and execution". Amnesty International. September 1997.
  68. ↑ "Federal Law No (3) of 1987 on Issuance of the Penal Code". United Nations Office on Drugs and Crime.
  69. ↑ "Measures Against Corruptibility, Gifts and Gratification – Bribery in the Middle East" (PDF). Arab Law Quarterly.
  70. ↑ 70.0 70.1 "Britons 'liable to Sharia divorces' in UAE". BBC.
  71. ↑ 71.0 71.1 "Divorcees, widows concerned about receiving 'permission' before remarrying".
  72. ↑ 72.0 72.1 "United Arab Emirates International Religious Freedom Report, Bureau of Democracy, Human Rights, and Labor (2009)". U.S. Department of State.
  73. ↑ "Human Rights Watch warns expat women about the UAE".