Uae Legal System Explained

Stoning is a legal punishment under Sharia law. Between 2009 and 2013, several people were sentenced to death by stoning, but all were overturned on appeal. [13] [19] [20] The UAE adopts a dual legal system of civil rights and Sharia rights, and recently the system has been expanded to include common law as practiced in the courts of the Dubai International Financial Centre (DIFC). In the Emirate of Dubai, the DIFC is an economic free trade area that has its laws and regulations and has its own courts to settle commercial and civil legal issues in companies or entities located near the DIFC outside the DIFC that have opted for the jurisdiction of its court for disputes. Act 10 of 2004 on the DIFC (DIFC Courts Act) regulates the courts of the DIFC. It provides the DIFC courts with an independent administration of justice under the Dubai Laws 9 of 2004 and 12 of 2004. Like the courts of mainland Dubai, the DIFC courts are divided into different levels, such as the Small Claims Tribunal, the Court of First Instance and the Court of Appeal. People can be sentenced to 100 lashes if they are not married, or stoning if they are married, if 4 male witnesses testify or if they confess to themselves. Otherwise, they may be sentenced to 12 months` imprisonment on the basis of circumstantial evidence. Rape victims can be sentenced to 12 months in prison if they do not prove the rape. It can be detected by DNA and forensic test reports. The ADGM courts provide a common law-based legal framework for independently resolving civil and commercial disputes in the ADGM. The application of the English Common Law Rules 2015 created the legal basis for the ADGM courts.

These rules apply directly to the ADGM. The ADGM courts consist of a court of first instance, a court of appeal. The judgments of the Court of Appeal are final and without appeal. The ADGM courts do not have jurisdiction in criminal and family matters. Civil courts deal with cases related to the financial rights of natural and legal persons such as ministries, companies and institutions. Cases may concern disputes concerning the validity, execution, termination or termination of contracts, intellectual property, land and mortgages. The UAE`s legal system is based on civil law principles and is mainly heavily influenced by Egyptian law and Islamic Sharia. The judicial system of the United Arab Emirates does not follow the previous system; However, judgments of higher courts have important implications for lower courts, and lower courts apply judgments of superior courts when they deem it appropriate. Judges must be pronounced independently within the judiciary; They are free from the influence of any authority.

The Department of Justice regulates the judicial system at the federal level and has the power to appoint judges, licensed lawyers, legal translators and legal experts. According to the Constitution of the United Arab Emirates, the federal judiciary enjoys complete independence and the judiciary is the foundation of its authority. All are equal before the law, without distinction as to race, nationality or religion. The Constitution does not authorize arbitrary arrest, inhumane treatment, and unlawful intrusion into private property. In the UAE, Islamic laws reflect the business sector. For example, the United Arab Emirates has enacted legislation prohibiting unjust enrichment and transactions involving excessive risk or speculation. The jurisdiction of civil courts is general, as they can hear urgent cases and motions of all kinds, including applications for seizure, orders for payment and appeals. A civil court “also deals with financial and physical rights and legal positions intended to protect under this court, it does not include business, real estate, employment, civil status or foundation or inheritance matters.” [10] The UAE`s legal structure operates under two systems: the federal judiciary, presided over by the Federal Court of Justice as the UAE`s highest judicial authority, and local judicial departments at the local government level. The local judicial system is responsible for matters that are not within the scope of the federal system under the Constitution. The jurisdiction of the local district court may be transferred to the Federal Courts Court of First Instance in accordance with article 105 of the Constitution.

District courts do not have the power to withdraw jurisdiction from federal courts. Federal Law No. 11 of 1973 regulates legal relations between the Emirates. Articles 99 and 102 of the Constitution describe in detail the jurisdiction of the federal courts and explain which issues or disputes at the federal level are heard by the federal court and not by the local courts of the UAE at the local level. Federal law also defines the circumstances in which local court judgments may be appealed to federal courts in criminal, civil, commercial or other cases. The Federal Judiciary of the United Arab Emirates is a fully independent authority under the Constitution of the United Arab Emirates. It includes the Federal Court, the federal courts, the prosecutor`s office. The Federal Judiciary of the United Arab Emirates came into force by Federal Law No. 10 of 1973 with the formation of the Federal Court of Justice. The Public Prosecutor`s Office is another component of the federal judicial system in the United Arab Emirates.

The Constitution states that the federal government maintains a prosecutor appointed by federal decree with the consent of cabinet. According to Article 340 of the Penal Code, abortion is illegal in the UAE unless a woman`s life is in danger or the unborn child suffers from a genetic disease that will prove fatal. [35] A woman who has undergone an elective abortion can face up to one year in prison and a fine of up to AED 10,000. [36] Apostasy is a crime punishable by death in the United Arab Emirates. [41] [42] Blasphemy is illegal, expatriates who insult Islam are punished with expulsion. [43] The UAE includes Hudud crimes of Sharia law in its penal code – apostasy is one of them. [44] Articles 1 and 66 of the UAE Penal Code require that Hudud crimes be punishable by death; [44] [45] Therefore, apostasy in the UAE is punishable by death. In fact, expats make up the majority of the UAE`s population. And yet, many of them don`t know much about the UAE`s legal system.

So let`s understand the legal system of the UAE before you settle here. It`s always helpful to know a thing or two about the legal and judicial system of the country you want to live in. The legal system of the United Arab Emirates is mainly based on the principles of civil law, which are strongly influenced by French, Roman, Egyptian and Islamic principles.