Understanding Sharia laws in the UAE
The major part of the legal system in the UAE is based on Sharia laws. That being the case, those moving to the country often have many questions regarding the legal system and how it works. How strictly do Sharia laws in the UAE have to be followed? Are these laws applicable to expats? Do non-Muslims also have to follow these rules? What acts can get someone into trouble? What should one know about the local culture before travelling to the UAE? What are the legal rights of an expat? What do the recent changes mean for those living in the country?
To answer all these questions, here’s an overview of the Sharia laws in the UAE. If you plan to move to the UAE soon or have recently settled in the country, read on for everything you need to know about the Sharia law-based aspects of the legal system.
WHAT ARE SHARIA LAWS IN THE UAE?
There is no doubt that Sharia plays a pivotal role in the legal system of the UAE. However, there can be confusion regarding its implementation. So, what is the right way to look at Sharia laws from a broader perspective?
The UAE Government has a clear set of rules and regulations for the smooth functioning of the country. Residents will come across laws based on Islamic Sharia (with some exceptions). The constitution of UAE states that “Islamic Sharia is the main source of its legislation.” This line is preceded by “Islam is the official religion of the Union.”
Now, the question is: how do Sharia laws affect the daily life of Muslims and Non-Muslim residents? Continue reading to find out more.
FAQS
HOW DOES SHARIA LAW IMPACT THE LIFE OF EXPATS?
The UAE has a diverse demographic and welcomes people from all parts of the world. But those planning to move to the country might have confusion regarding sharia laws in the UAE for expats.
It’s important to understand that Sharia is an essential source of guidance for the UAE legislation, but it is not the only source. For example, there can often be specific legislation regarding the UAE civil code. To someone not well-versed in the law, the legal distinction between the two can be a bit tricky to recognise.
Do Sharia laws apply to non-Muslims? Answering this question with a simple yes or no is pretty much impossible as many things are based on interpretation. There can also be questions about jurisdiction. In some specific situations, expats might choose to follow the laws of their own countries rather than UAE laws.
Since Sharia laws and the government’s rules are often closely related, let’s look at specific areas to understand the concept better.
WHAT IS THE RELATIONSHIP BETWEEN SHARIA LAW IN THE UAE AND FAMILY LAW?
The intersection of Sharia laws and general rules can best be seen in the UAE family laws. Sharia is the primary legal jurisdiction on all family-related issues as per the constitution. However, at the same time, personal law status also covers marriage, succession and divorce.
Article 1 of the law states that “the law shall apply to all UAE nationals except where non-Muslim UAE nationals have special rules relating to their specific creed or sect.”
So, this is a clear example where Sharia Law doesn’t apply to non-Muslim UAE nationals. Similarly, this law also applies to non-UAE nationals who don’t choose their law. Hence, a clear distinction is created that allows non-Muslims and non-UAE residents to opt out.
For example, in cases about marriage, divorce, child custody, guardianship and maintenance or succession, five different Personal Status Law articles are applied and all are Sharia-based. As discussed earlier, this applies to Emiratis and expats. But non-Emiratis have the option to choose their home country’s law.
However, there are certain situations in which this exception rule doesn’t apply. These include:
- One of the two parties holds two or more passports issued by any state.
- There is a significant level of ambiguity in foreign law.
- Relevant foreign law is in direct conflict with Sharia law.
- There is no foreign law that covers this aspect of the particular case.
The final power regarding the application of foreign law resides with the judge. However, before any implementation, the foreign laws must be translated into Arabic.
Laws of non-Muslim Emiratis are protected via special regulations relating to religion, with the exception mentioned above.
HOW DO THE NATIONAL CRIME CODE AND SHARIA LAW COMBINE?
Similarly, the criminal code in the UAE also creates distinctions to a certain degree. One could look at blood money (payment of money to the victim’s family – death or injury) as an example of Sharia law. Similarly, there are crimes, such as theft and murder, which are classified as Al Hudud, leading to punishments as per Sharia law.
However, some emirates have suspended Al Hudud provisions and its punishments. Moreover, there have been changes to the UAE’s personal and family laws, reducing the restrictions present in the Sharia Law.
DO SHARIA LAWS IN THE UAE APPLY TO THE BUSINESS SECTOR?
There are overarching legal provisions based on Sharia law for businesses. For example, some laws aim to eliminate exploitation, prohibit unjust enrichment and ban transactions based on exploitation. UAE Federal Law No. 5 of 1985 applies in such cases.
The government has also been working on promoting Islamic economics benchmarked on three principles: prohibition of gharar (speculation and uncertainty), interest (Riba), profit and sharing (PLS). Furthermore, a body was established by the name of ‘Higher Sharia Board for Banking and Finance.’ This board is responsible for outlining rules and general principles for banking and financial activities. Additionally, it sets a framework for Fatwa issuance and Islamic governance in the Central Bank or other relevant institutes in the UAE.
There are UAE laws where you can easily identify the influence of Sharia laws. For example, the tenets of Sharia law can be seen in the UAE labour laws.
IS THERE AN IMPACT OF SHARIA LAW IN THE UAE ON INHERITANCE LAWS?
Sharia laws also apply to inheritance. For example, if a woman’s husband passes away, she is entitled to one-eighth of her husband’s properties. If the couple had no children, the wife’s share could rise to a quarter.
On the other hand, if a woman passes away, her husband is entitled to a quarter of her estate. This becomes half in case they don’t have any children. Similarly, if a property is inherited from a grandparent, female grandchildren can get 50% less of the estate than male grandchildren. Exceptions, however, do exist.
Non-Emiratis, on the other hand, can again choose not to opt for this method and request the application of their home country laws.
WHAT ELSE DO I NEED TO KNOW?
The UAE Council for Fatwa is the authority on many Islamic laws in the UAE. It is the sole body that is allowed to issue Fatwas to ensure uniformity across the country. Fatwas are issued on Islamic ruling on a myriad of issues. The general public, institutions and government entities can request Fatwas and these decisions can have an impact on the daily life of expats and citizens. For example, the UAE Council for Fatwa approved the usage of COVID-19 vaccines.
Summing up, it could be stated that Sharia laws in the United Arab Emirates are implemented strictly but with some flexibility. Furthermore, there have been examples where the application and interpretation of Islamic laws in the UAE have been adjusted/updated.
Given the multicultural nature of Dubai and other emirates, UAE laws are progressive in nature. The UAE government welcomes expats, including non-Muslims, who can contribute to the progress of the country. So, a broader and comprehensive policy has been implemented to safeguard all citizens’ rights, without discrimination. Whether it is sharia-based legislation or civil law principles like UAE nationality law or insolvency laws in the UAE, the rights of all residents are protected. Legal reforms in the UAE have also been at the forefront of the government’s agenda in the recent past.
You have to respect local customs and culture besides having a basic understanding of the rules for expats in the UAE. For any complicated legal issues, you can always seek professional help.
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