Crime in the United Arab Emirates

The crime rate in the United Arab Emirates is relatively low[1][2] compared to more highly industrialized nations.[2] Incidents of petty crime such as pickpocketing are low.[1] The United States Department of State states: "Crime generally is not a problem for travelers in the UAE. However, the U.S. Embassy advises U.S. citizens to take normal precautions against theft, such as not leaving a wallet, purse, or credit card unattended. Although vehicle break-ins in the UAE are rare, U.S. citizens are encouraged to ensure that unattended vehicles are locked and that valuables are not left out in plain sight".[3]

Sharia law is a significant part of UAE legislation, therefore flogging and stoning are legal punishments in the UAE. UAE incorporates hudud crimes of Sharia in its Penal Code, thus apostasy is a crime punishable by death in the UAE. Homosexuality is also a crime punishable by death in the UAE, although there have not been any cases of capital punishment being carried out on those convicted of homosexuality.

Sharia law

The UAE's judicial system is derived from the civil law system and Sharia law. The court system consists of civil courts and Sharia courts. According to Human Rights Watch, UAE's civil and criminal courts apply elements of Sharia law, codified into its criminal code and family law, in a way which discriminates against women.[4] Flogging and stoning are legal punishments in the UAE.

Flogging is a punishment for criminal offences such as adultery, premarital sex and alcohol consumption.[5][6][7] Due to Sharia courts, flogging is legal with sentences ranging from 80 to 200 lashes.[8][9] Between 2007 and 2014, many people in the UAE were sentenced to 100 lashes.[10][11][12][13][14][15][16][17][18] In Abu Dhabi, people have been sentenced to 80 lashes for kissing in public.[19] Verbal abuse pertaining to a person's sexual honour is illegal and punishable by 80 lashes.[20] In January 2014, an expat in Abu Dhabi was sentenced to 80 lashes and 10 years in prison for alcohol consumption and raping a toddler.[21] Alcohol consumption for Muslims is illegal and punishable by 80 lashes, many Muslims have been sentenced to 80 lashes for alcohol consumption.[22][23][24][25][26][27][28][29] 80 lashes is the standard amount for anyone sentenced to flogging in some emirates.[30] Sometimes 40 lashes are given.[31] Illicit sex is sometimes penalized by 60 lashes.[32][33][34] Sharia courts have penalized domestic workers with floggings.[35] In October 2013, a Filipino housemaid was sentenced to 100 lashes for illegitimate pregnancy.[17] Drunk-driving is strictly illegal and punishable by 80 lashes, many expats have been sentenced to 80 lashes for drunk-driving.[30][36][37][38][39][40] Under UAE law, premarital sex is punishable by 100 lashes.[41]

Stoning is a legal punishment in the UAE. In May 2014, an Asian housemaid was sentenced to death by stoning in Abu Dhabi, although a judicial official notes, "Abu Dhabi Criminal Court has previously sentenced defendants in similar cases to death by stoning, but the sentences were never carried out".[42][43][44] In 2006, an expatriate was sentenced to death by stoning for committing adultery.[45] Between 2009 and 2013, several people were sentenced to death by stoning.[13][46][47] Abortion is illegal and punishable by a maximum penalty of 100 lashes and up to five years in prison.[48] In recent years, several people have retracted their guilty plea in illicit sex cases after being sentenced to stoning or 100 lashes.[49][50] The punishment for committing adultery is 100 lashes for unmarried people and stoning to death for married people.[51]

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.[52] Non-Muslim expatriates are liable to Sharia rulings on marriage, divorce and child custody.[52] Sharia courts have exclusive jurisdiction to hear family disputes, including matters involving divorce, inheritances, child custody, child abuse and guardianship of minors. Sharia courts may also hear appeals of certain criminal cases including rape, robbery, driving under the influence of alcohol and related crimes.[53]

Apostasy is a crime punishable by death in the UAE. UAE incorporates hudud crimes of Sharia into its Penal Code - apostasy being one of them.[54] Article 1 and Article 66 of UAE's Penal Code requires hudud crimes to be punished with the death penalty,[54][55] therefore apostasy is punishable by death in the UAE.

Emirati women must receive permission from male guardian to remarry.[56] The requirement is derived from Sharia, and has been federal law since 2005.[56] In all emirates, it is illegal for Muslim women to marry non-Muslims.[57] 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".[57]

Homosexuality is illegal: the death penalty is one of the punishments for homosexuality. 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.[58]

Kissing in public is strictly illegal and can result in deportation.[59] Expats in Dubai have been deported for kissing in public.[60] More recently in 2010, several expats were deported from Dubai for kissing in public.[61][62]

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."[63] 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.[64]

Terrorism

The threat of a terrorist attack is a matter of concern. The Department of Foreign Affairs and Trade (DFAT) of the Government of Australia advised travelers "to exercise a high degree of caution in the United Arab Emirates (UAE) because of the high threat of terrorist attack". The DFAT claimed they received reports of a terrorist plan to attack Western interests in the nation.[1] The Australian Government has since lowered the warning, telling travellers to now exercise normal safety precautions, as they would do in Australia.

Cybercrime

Incidents of cybercrime are increasing. In 2002, there was a 300% rise in computer hacking within six months. According to experts, the United Arab Emirates is among the top ten countries which are most vulnerable to attack by hackers.[65] White-collar crime includes embezzlement of funds, fraud and bribery.[66]

Drugs

The UAE is a drug transshipment country for traffickers due to its proximity to Southwest Asian drug producing nations.[67] Drug trafficking is a major form of crime in the UAE,[68] and the nation has a zero tolerance policy towards illegal drug use. Possession of the smallest amount of illegal drugs is punishable by a minimum of four years' imprisonment.[69]

Money laundering

The UAE is vulnerable to money laundering due to its position as a major commercial driver in the region.[67] The UAE leadership has taken several measures for combating organized crime. A law was enacted in January 2002 for the purpose of curbing money laundering.[68] However, despite government efforts to combat money laundering, regulation of banking is still developing.[67]

Murder

According to the Global Study on Homicide, United Nations Office on Drugs and Crime (UNODC), the homicide rate in the UAE in 2012 was 2.6 per 100,000.[70] The average global homicide rate for that period was 6.2 per 100,000 population.

Human trafficking

Human trafficking is a problem which involves involuntary servitude of young boys and women.[2] In 2006, young boys were trafficked into the country for the purpose of being used as camel jockeys.[2][71] There were many camel jockeys working in the UAE under inhumane conditions but these have now been replaced by robot jockeys.

Human trafficking cases in the UAE have been falling over the years. In the first half of 2014, three cases of human trafficking were received by the Dubai Foundation for Women and Children (DFWAC) compared to 12 in the same period of 2013.[72]

Prostitution

Women are trafficked into the country for sexual exploitation. Women from Russia, Azerbaijan, Uzbekistan, Kyrgyzstan, Kazakhstan, Ukraine, Ethiopia, Somalia, Uganda, Morocco, India,the People's Republic of China, the Philippines, Iraq, Iran and Pakistan are reportedly trafficked to the UAE.[73] Porous borders and proximity to war-affected countries like Iraq increase the problem of human trafficking.[74]

References

  1. 1 2 3 United Arab Emirates Government of Australia, Department of Foreign Affairs and Trade
  2. 1 2 3 4 United Arab Emirates
  3. ↑ United Arab Emirates United States Department of State
  4. ↑ "Human Rights Watch warns expat women about the UAE".
  5. ↑ "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.
  6. ↑ "Torture and flogging". Fanack. Archived from the original on 6 October 2014.
  7. ↑ "U.N. Commission on Crime Prevention and Criminal Justice: United Arab Emirates". Human Rights Voices.
  8. ↑ "Country Reports on Human Rights Practices for 2007". p. 2092.
  9. ↑ "UAE: Judicial corporal punishment by flogging". World Corporal Punishment Research.
  10. ↑ "Pregnant maid to get 100 lashes after being found guilty of illegal affair". 7daysindubai.com. 9 October 2013.
  11. ↑ "Teenager to be lashed for adultery". Gulf Daily News.
  12. ↑ "Illicit lovers sentenced to 100 lashes each". Gulf News. 15 November 2010.
  13. 1 2 "Two women sentenced to death for adultery". Khaleej Times. 25 September 2013.
  14. ↑ "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.
  15. ↑ "Adulterer to be lashed, jailed in Sharjah". Gulf News. 9 May 2010.
  16. ↑ "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.
  17. 1 2 "Court jails pregnant Filipina in Fujairah". Emirates 247. 9 October 2013. A Filipina housemaid will be lashed 100 times on charges of stealing her employer in Fujairah after he discovered her pregnancy from an illegitimate relationship.
  18. ↑ "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.
  19. ↑ "Couple deny kissing on Abu Dhabi Corniche". A man jailed and sentenced to 80 lashes for drunkenly kissing his girlfriend on the Corniche.
  20. ↑ "Dh500,000 expat verbal abuse case to be retried". The National. 8 December 2010. In the UAE, only verbal abuse pertaining to the sexual honour of a person would be tried under Sharia. For guilt to be proven, the attack must have been made in public and one reliable witness must testify. If convicted, a person would be sentenced to 80 lashes and would never be accepted as a valid witness in a Sharia-based case.
  21. ↑ "Drunk worker rapes 2-year-old girl in Abu Dhabi". Emirates247.com. January 2014.
  22. ↑ "Man to get 80 lashes for drinking alcohol in Ajman". Gulf News. 19 February 2010.
  23. ↑ "Man who stabbed brother in drunken fight in Abu Dhabi jailed for year". The National. March 2013. The younger brother admitted illegally consuming alcohol and was sentenced to 80 lashes - a punishment prescribed under Sharia.
  24. ↑ "Husband jailed for letting friend abuse his wife". 7days.ae. 9 March 2013. As well as the jail term for rape, the Supreme Court also ordered that the defendants be given 80 lashes for drinking alcohol.
  25. ↑ "Man appeals 80 lashes for drinking alcohol in Abu Dhabi". The National. 13 March 2011.
  26. ↑ "Man jailed for raping step-daughter". 7days.ae. 6 March 2013. As well as the jail term he was also fined Dhs10,000 for reckless driving and will receive 80 lashes for drinking alcohol.
  27. ↑ "Drinking costs dad custody of kids". Emirates 247. 13 March 2011. The expatriate father had won custody of his children during a previous court case in Ajman although it sentenced him to 80 lashes for drinking alcohol.
  28. ↑ "Fujairah man is jailed for drunken kidnap bid". 7days.ae. 13 June 2012. The judge ordered that the Arab man, who is a Muslim, be lashed as a forensic report confirmed there was alcohol in his system, despite his denial. The 80 lashes were handed out according to Sharia law.
  29. ↑ "Emirati to be executed for murder in Fujairah". Emirates 247. 29 May 2012. Defendant to get 80 lashes before execution for having alcohol.
  30. 1 2 "Motorist sentenced to 80 lashes for drink driving". 7days.ae. 26 November 2012.
  31. ↑ Al Jandaly, Bassma (16 April 2006). "Estonian soldier to be lashed". Gulf News.
  32. ↑ "Girl to receive 60 lashes for illicit sex". Gulf News. 20 June 2007.
  33. ↑ "Two sex workers are sentenced to lashes". Khaleej Times. 3 July 2006.
  34. ↑ "Indian lover in UAE sentenced to 60 lashes".
  35. ↑ "VI. Charges and Penalties against Domestic Workers". Human Rights Watch. 2014.
  36. ↑ "Swaying car exposes Fujairah drunk driver". Emirates 247. 26 June 2013.
  37. ↑ "Drink-drive student to get 80 lashes". Khaleej Times. 27 March 2013.
  38. ↑ "Drink driver sentenced to 80 lashes". The National. 27 July 2010.
  39. ↑ "4 years and 80 lashes for drug addict". Emirates 247. 1 November 2011.
  40. ↑ "80 lashes, jail for drink-driving upheld". Emirates 247. 18 May 2011.
  41. ↑ "Woman denies affair after hearing she faces stoning". Under the same law, premarital sex is punishable by 100 lashes.
  42. ↑ "Expat faces death by stoning after admitting in court to cheating on husband".
  43. ↑ "Woman Sentenced to Death by Stoning in UAE".
  44. ↑ "Asian housemaid gets death for adultery in Abu Dhabi".
  45. ↑ "UAE: Death by stoning/ flogging". Amnesty International.
  46. ↑ "Man faces stoning in UAE for incest".
  47. ↑ "Woman denies affair after hearing she faces stoning". The National. 29 July 2009.
  48. ↑ "Hotel executive who had abortion gets jail term". The National. 30 December 2010.
  49. ↑ ""Change plea or you’ll be stoned": Husband who admits cheating given legal advice by judge". 7days.ae. 6 April 2014.
  50. ↑ "To avoid 100 lashes and prison, woman retracts plea in sex case". The National. 9 October 2009.
  51. ↑ "Lawyer urges acquittal of woman on zina charges". The National. 26 November 2010.
  52. 1 2 "Britons 'liable to Sharia divorces' in UAE". BBC.
  53. ↑ "The UAE Court System". Consulate General of the United States Dubai, UAE.
  54. 1 2 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
  55. ↑ Al-Muhairi (1997), Conclusion to the Series of Articles on the UAE Penal Law. Arab Law Quarterly, Vol. 12, No. 4
  56. 1 2 "Divorcees, widows concerned about receiving ‘permission’ before remarrying".
  57. 1 2 United Arab Emirates International Religious Freedom Report, Bureau of Democracy, Human Rights, and Labor (2009)
  58. ↑ "Federal criminal statute In UAE". Sodomylaws.Org. Archived from the original on 14 June 2006.
  59. ↑ "Public kissing can lead to deportation".
  60. ↑ "Women get jail and deportation for kissing on Dubai public beach". gulfnews. 25 May 2008.
  61. ↑ "Jailed Dubai kissing pair lose appeal over conviction".
  62. ↑ "London man tells of 'shock' jailing in Dubai over kiss".
  63. ↑ "Federal Law No (3) of 1987 on Issuance of the Penal Code". United Nations Office on Drugs and Crime.
  64. ↑ "Measures Against Corruptibility, Gifts and Gratification – Bribery in the Middle East" (PDF). Arab Law Quarterly.
  65. ↑ Lawrence M. Salinger (2004). Encyclopedia of white-collar & corporate crime. SAGE. p. 44. ISBN 0-7619-3004-3.
  66. ↑ Lawrence M. Salinger (2004). Encyclopedia of white-collar & corporate crime. SAGE. p. 45. ISBN 0-7619-3004-3.
  67. 1 2 3 United Arab Emirates The World Factbook
  68. 1 2 Lawrence M. Salinger (2004). Encyclopedia of white-collar & corporate crime. SAGE. p. 46. ISBN 0-7619-3004-3.
  69. ↑ United Arab Emirates Foreign and Commonwealth Office
  70. ↑ https://www.unodc.org/gsh/en/index.html
  71. ↑ Richard Giulianotti, David McArdle (2006). Sport, Civil Liberties and Human Rights. Routledge. p. 15. ISBN 0-7146-5344-6.
  72. ↑ "Sharp fall in human trafficking cases in UAE". Retrieved Dec 4, 2014.
  73. ↑ Dubai declares war on human trafficking The Hindu
  74. ↑ Fight human trafficking Gulf News

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