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The legal system in the United Arab Emirates is based on civil law, and Sharia law in the personal status matters of Muslims and blood money compensation. [1] Personal status matters of non-Muslims are based on civil law. [2] The UAE constitution established a federal court system and allows all emirates to establish local courts systems. [3]
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. [61]
Muslims are required to use Sharia law for cases regarding marriage, divorce, maintenance, guardianship of minors (only if both parties are Muslims). Also included are cases concerning waqfs, gifts, succession, or wills, provided that donor is a Muslim or deceased was a Muslim at time of death. [44]
In 1978, the UAE began the process of Islamising the nation's law, after its council of ministers voted to appoint a High Committee to identify all its laws that conflicted with Sharia. Among the many changes that followed, UAE incorporated hudud crimes of Sharia into its Penal Code - apostasy being one of them. [20]
Sharia is the principal source of law for Muslim family law. Sharia courts have exclusive jurisdiction to hear family disputes, including matters involving divorce, inheritances, child custody, child abuse and guardianship for Muslims in the UAE. [17] All other laws are based on civil law. [11]
Here are the local laws that tourists need to know about to stay out of trouble while visiting Dubai and the UAE. A record 92.3 million passengers passed through terminals at Dubai International ...
The Dubai courts have also stated that non-Muslims are "required to respect Sharia law in Dubai." [ 14 ] In 2016, Ras Al Khaimah courts would now accept English language judgements in dispute resolution services, specifically aimed at business and investments in the region. [ 15 ]
However, in the case of non-Muslims and noncitizens, the laws of their home country apply, rather than Sharia. The law does not directly prohibit Muslims from converting to other religions; however, the penal code defers to Sharia on matters defined as crimes in Islamic doctrine, which in many interpretations prohibits apostasy. [8] [9]