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

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.[2]

Judicial corporal punishment is common in the UAE due to the Sharia courts.[3] Flogging is a punishment for criminal offences such as adultery, premarital sex and alcohol consumption.[4][5][6][7] Between 2007 and 2014, many people in the UAE were sentenced to 100 lashes.[8][9][10][11][12][13][14][15][16] In Abu Dhabi, people have been sentenced to 80 lashes for kissing in public.[17] Verbal abuse pertaining to a person's sexual honour is illegal and punishable by 80 lashes.[18] In January 2014, an expat in Abu Dhabi was sentenced to 80 lashes for alcohol consumption or raping a toddler.[19] Alcohol consumption for Muslims is illegal and punishable by 80 lashes, many Muslims have been sentenced to 80 lashes for alcohol consumption.[20][21][22][23][24][25][26][27] 80 lashes is the standard amount for anyone sentenced to flogging in some emirates.[28] Sometimes 40 lashes are given.[29] Illicit sex is sometimes penalized by 60 lashes.[30][31][32] Sharia courts have penalized domestic workers with floggings.[33] In October 2013, a Filipino housemaid was sentenced to 100 lashes for illegitimate pregnancy.[34] Drunk-driving is strictly illegal and punishable by 80 lashes, many expats have been sentenced to 80 lashes for drunk-driving.[35][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.[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.[11][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]

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.[52] The Emirates Center for Human Rights expressed concern over Dubai's criminalization of what they call "rape victims".[53]

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.[53]

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.[53][54][55]

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.[56]

Apostasy

Apostasy is a crime punishable by death in the UAE.[57][58] Blasphemy is illegal, expats involved in insulting Islam are punished by deportation.[59] UAE incorporates hudud crimes of Sharia into its Penal Code - apostasy being one of them.[60] Article 1 and Article 66 of UAE's Penal Code requires hudud crimes to be punished with the death penalty,[60][61] therefore apostasy is punishable by death in the UAE.

Emirati women

Emirati women must receive permission from male guardian to remarry.[62] The requirement is derived from Sharia, and has been federal law since 2005.[62] In all emirates, it is illegal for Muslim women to marry non-Muslims.[63] 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".[63]

Dress code

The UAE has a modest dress code. The dress code is part of Dubai's criminal law.[64] Most malls in the UAE have a dress code displayed at entrances.[65] At Dubai's malls, females should cover their shoulders and knees, therefore sleeveless tops and short shorts are not permitted.[65][66][67][68][69][70]

Homosexuality, public affection

Homosexuality is illegal: homosexuality is a capital offense in the UAE.[71][72] In 2014, an Emirati man was on trial for being accused of a "gay handshake".[72]

Kissing in public is illegal and can result in deportation.[73] Expats in Dubai have been deported for kissing in public.[74][75][76] In Abu Dhabi, people have been sentenced to 80 lashes for kissing in public.[77]

Family 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.[78] Non-Muslim expatriates are liable to Sharia rulings on marriage, divorce and child custody.[78] 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.[1]

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."[79] 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.[80]

A new federal law in the UAE prohibits swearing in Whatsapp and penalizes swearing by a $68,061 fine and imprisonment,[81] expats are penalized by deportation.[81][82][83][84] In July 2015, an Australian expat was deported for swearing in Facebook.[85][86][87][88][89]

Amputation is a legal punishment in the UAE due to the Sharia courts.[90][91][92][93][94] Crucifixion is a legal punishment in the UAE.[95][96][97] During the month of Ramadan, it is illegal to publicly eat, drink, or smoke between sunrise and sunset.[98] Exceptions are made for pregnant women and children. The law applies to both Muslims and non-Muslims,[98] and failure to comply results in arrest.[99]

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.[78] Non-Muslim expatriates can be liable to Sharia rulings on marriage, divorce and child custody.[78]

Emirati women must receive permission from a male guardian to marry and remarry.[62] The requirement is derived from Sharia, and has been federal law since 2005.[62] In all emirates, it is illegal for Muslim women to marry non-Muslims.[63] 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".[63]

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.[100]

References

  1. 1 2 "The UAE Court System". Consulate General of the United States Dubai, UAE.
  2. ↑ "Human Rights Watch warns expat women about the UAE".
  3. ↑ "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.
  4. ↑ "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.
  5. ↑ "Country Reports on Human Rights Practices for 2008". Jeffrey T. Bergner. p. 2203.
  6. ↑ "Torture and flogging". Fanack. Archived from the original on October 6, 2014.
  7. ↑ "U.N. Commission on Crime Prevention and Criminal Justice: United Arab Emirates". Human Rights Voices.
  8. ↑ "Pregnant maid to get 100 lashes after being found guilty of illegal affair". 7daysindubai.com. 9 October 2013.
  9. ↑ "Teenager to be lashed for adultery". Gulf Daily News.
  10. ↑ "Illicit lovers sentenced to 100 lashes each". Gulf News. 15 November 2010.
  11. 1 2 "Two women sentenced to death for adultery". Khaleej Times. 25 September 2013.
  12. ↑ "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.
  13. ↑ "Adulterer to be lashed, jailed in Sharjah". Gulf News. 9 May 2010.
  14. ↑ "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.
  15. ↑ "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.
  16. ↑ "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.
  17. ↑ "Couple deny kissing on Abu Dhabi Corniche". A man jailed and sentenced to 80 lashes for drunkenly kissing his girlfriend on the Corniche.
  18. ↑ "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.
  19. ↑ "Drunk worker rapes 2-year-old girl in Abu Dhabi". Emirates247.com. January 2014.
  20. ↑ "Man to get 80 lashes for drinking alcohol in Ajman". Gulf News. 19 February 2010.
  21. ↑ "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.
  22. ↑ "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.
  23. ↑ "Man appeals 80 lashes for drinking alcohol in Abu Dhabi". The National. 13 March 2011.
  24. ↑ "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.
  25. ↑ "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.
  26. ↑ "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.
  27. ↑ "Emirati to be executed for murder in Fujairah". Emirates 247. 29 May 2012. Defendant to get 80 lashes before execution for having alcohol.
  28. ↑ "Motorist sentenced to 80 lashes for drink driving". 7days.ae. 26 November 2012.
  29. ↑ Al Jandaly, Bassma (16 April 2006). "Estonian soldier to be lashed". Gulf News.
  30. ↑ "Girl to receive 60 lashes for illicit sex". Gulf News. 20 June 2007.
  31. ↑ "Two sex workers are sentenced to lashes". Khaleej Times. 3 July 2006.
  32. ↑ "Indian lover in UAE sentenced to 60 lashes".
  33. ↑ "VI. Charges and Penalties against Domestic Workers". Human Rights Watch. 2014.
  34. ↑ "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.
  35. ↑ "Swaying car exposes Fujairah drunk driver". Emirates 247. 26 June 2013.
  36. ↑ "Motorist sentenced to 80 lashes for drink driving". 7days.ae. 26 November 2012.
  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. ↑ "DUBAI: Alleged victim of gang rape sentenced to one year in prison".
  53. 1 2 3 The Associated Press (22 July 2013). "Dubai Pardons Woman at Center of Rape Dispute". Retrieved 2013-07-22.
  54. ↑ Mitya Underwood. "International coverage of UAE law: ignorance is no excuse - The National". Thenational.ae. Retrieved 2013-09-10.
  55. ↑ "Dubai ruler pardons Norwegian woman convicted after she reported rape". CNN.com. Retrieved 2013-09-10.
  56. ↑ "Dubai ruler pardons Norwegian woman convicted after she reported rape". CNN.com. Retrieved 10 September 2013.
  57. ↑ "Atheists face death in 13 countries, global discrimination: study".
  58. ↑ "The International Briefing: Persecution of Atheists and Apostates".
  59. ↑ "UAE to deport expats abusing religions". Emirates 247. 22 July 2015.
  60. 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
  61. ↑ Al-Muhairi (1997), Conclusion to the Series of Articles on the UAE Penal Law. Arab Law Quarterly, Vol. 12, No. 4
  62. 1 2 3 4 "Divorcees, widows concerned about receiving ‘permission’ before remarrying".
  63. 1 2 3 4 "United Arab Emirates International Religious Freedom Report, Bureau of Democracy, Human Rights, and Labor (2009)". U.S. Department of State.
  64. ↑ "Criminal Law of Dubai".
  65. 1 2 "UAE: "Dress Modestly" Drive Gains Momentum".
  66. ↑ "Twitter Campaign Wants Female Visitors To Respect UAE Dress Code In Malls".
  67. ↑ "Dubai Mall dress code".
  68. ↑ "UAE: Dress Code Campaign Urges Extra Inches of Clothing".
  69. ↑ "Dubai shopping malls urge visitors to dress modestly".
  70. ↑ "Dubai dress code".
  71. ↑ "United Arab Emirates". Facts as drug trafficking, homosexual behaviour, and apostasy are liable to capital punishment.
  72. 1 2 "Man Accused of “Gay Handshake” Stands Trial in Dubai".
  73. ↑ "Public kissing can lead to deportation".
  74. ↑ "Jailed Dubai kissing pair lose appeal over conviction".
  75. ↑ "Women get jail and deportation for kissing on Dubai public beach". gulfnews. 25 May 2008.
  76. ↑ "London man tells of 'shock' jailing in Dubai over kiss".
  77. ↑ "Couple deny kissing on Abu Dhabi Corniche". A man jailed and sentenced to 80 lashes for drunkenly kissing his girlfriend on the Corniche
  78. 1 2 3 4 "Britons 'liable to Sharia divorces' in UAE". BBC.
  79. ↑ "Federal Law No (3) of 1987 on Issuance of the Penal Code". United Nations Office on Drugs and Crime.
  80. ↑ "Measures Against Corruptibility, Gifts and Gratification – Bribery in the Middle East" (PDF). Arab Law Quarterly.
  81. 1 2 "Swearing on Whatsapp 'will result in £40,000 fine and deportation, UAE rules'". The Independent. 16 June 2015.
  82. ↑ "UAE Imposes over $68,000 Fine, Jail Term for Swearing on Whatsapp; Expatriates Face Deportation". International Business Times. 16 June 2015.
  83. ↑ "Man to face trial in UAE for swearing in WhatsApp message". 7days.ae. 16 June 2015.
  84. ↑ "British Expats Face Being Deported From UAE For Swearing On WhatsApp". Yahoo News. 16 June 2015.
  85. ↑ "Australian woman deported from Abu Dhabi over Facebook post". Khaleej Times. 15 July 2015.
  86. ↑ "Australian woman deported from the UAE after Facebook post". Arabian Business. 15 July 2015.
  87. ↑ "Australian jailed over Facebook post deported from Abu Dhabi". Stuff.co.nz. 15 July 2015.
  88. ↑ "Expat deported after posting abusive message about parking on Facebook". 7days.ae. 15 July 2015.
  89. ↑ "Australian expat deported following Facebook post". Gulf News. 15 July 2015.
  90. ↑ "Amnesty International Report 1999 - United Arab Emirates".
  91. ↑ "United Arab Emirates: Briefing for the Human Rights Council Universal Periodic Review" (PDF). p. 3.
  92. ↑ "United Arab Emirates - Global Progress" (PDF). p. 3. Punishments include flogging, amputation, and – as retaliation – injury similar to that for which the offender has been convicted of inflicting on the victim.
  93. ↑ "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.
  94. ↑ "Defining Sharia's role in the UAE's legal foundation". The National.
  95. ↑ "Crucifixion for UAE murderers". The Independent.
  96. ↑ "UAE: Further information on fear of imminent crucifixion and execution". Amnesty International. September 1997.
  97. ↑ "UAE: Fear of imminent crucifixion and execution". Amnesty International. September 1997.
  98. 1 2 "Sharia law and Westerners in Dubai: should non-Muslims in UAE be made to face Islamic justice?".
  99. ↑ Riazat Butt (31 July 2011). "Britons warned to respect Ramadan while holidaying in Dubai". The Guardian (London, UK). OCLC 60623878.
  100. ↑ "Human Rights Watch warns expat women about the UAE".
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