United Arab Emirates

Introduction: Federal Decree-Law No. (31) of 2021 (Penal Code) governs Diya crimes and penalties in the UAE. In accordance with Article 1 of the UAE penal code, the Islamic Sharia principles may be applied to crimes including revenge (qisas) and blood money (Diya). The punishments for additional offenses will be determined in accordance with the current law and the relevant penal laws. When a crime causes death or injury, the term Diya refers to the monetary compensation given to the victim's family. These principles, based on Islamic Sharia principles, serves as an alternative to retribution (qisas) and aim to provide financial support to the victim’s family. The blood money, known as Diya, is given to the relatives of a victim in some crimes against human life. According to Article 383 blood money may only apply when Qisas (revenge) is not enforced. The standard Diya amount is AED 200,000, but courts may increase or decrease this threshold based on the circumstances of the case. Furthermore, according to Article 384, a person who intentionally kills another person risks a life sentence in jail. The death sentence may be applicable if the murder had been planned or related to another crime. Additionally, if the victim's family grants forgiveness, the offender faces a minimum sentence of seven years in prison, with the option to pay Diya. If a person attacks someone and they die without intent, Article 387 states the punishment is up to ten years in prison. The court may order payment of Diya. Offences causing bodily harm are also punished based on the intensity of the crime. If a person causes a permanent disability, Article 388 stipulates that they may be jailed for up to seven years if it was intentional. If it was an accident, Article 389 imposes a sentence of up to five years. Further, the court may have the right to impose the payment of the Diya amount. Additionally, negligent actions leading to death or injury are also criminalized. Article 393 stipulates that a person may be fined and imprisoned for at least a year if they cause death through negligence or recklessness. If more than one person dies, the punishment might be extended to seven years. In addition, the court has the authority to order Diya. Group assaults using weapons are punished under Article 392. If a group of three or more people plans and carries out an attack, each participant faces imprisonment and fines. If the assault results in death or serious injury, Diya may also be required. It’s important to note that Diya is not the sole consequence of causing death or injury. Offenders may also face additional penalties, such as imprisonment, depending on the circumstances and the intensity of the crime. The UAE legal system allows for compensation beyond diya in certain situations, addressing both the financial and moral damages suffered by the victim’s family. Conclusion: The principle of Diya indicates a balance between modern legal systems and traditional Islamic principles. It ensures victims' families receive monetary compensation while upholding justice by enforcing appropriate penalties. Author: Dr. Hassan Elhais

Introduction The UAE has issued a new civil defence law which is governed by federal decree-law No. (35) of 2024 on the reorganization of the civil defence authority. This new civil defence law aimed at strengthening emergency response and disaster management. Establishment of Civil Defence Authority. In accordance with Article 2, which establishes the Civil Defence Authority (CDA) under the National Emergency, Crisis, and Disaster Management Authority (NCEMA). It replaces the previous civil defence authority under the Ministry of Interior and transfers all its assets, rights, and personnel from the former authority to NCEMA. Responsibilities of CDA The new civil defence law stipulates the responsibilities of CDA under Article 3. Developing and implementing new civil defence policies, protecting fire safety, and responding to emergencies. CDA will also be responsible for managing evacuation plans, implementing early warning systems, and establishing public shelters. The authority will coordinate with government agencies, the armed forces, and private entities to enhance national safety measures. The director general of the military may authorize the management and regulation of the activities of the authority. In addition to this, the director general shall be responsible for handling budgets, issuing new policies, and managing emergency preparations. The new civil defence law allows CDA to use private and public property during emergencies, with fair compensation provided for any damages. Additionally, Companies must comply with CDA’s fire safety and emergency planning requirements before obtaining licenses. According to Article (11) some of the CDA officers may have judicial authority to enforce civil defence laws. They can investigate and report violations. In accordance with Article (8) the affected parties may have the right to get fair compensation for harm caused by civil defence operations and apply for compensation within 60 days. A committee may review the application of claims and decide within 60 days. If a claimant disagrees with the decision, they may have the option to appeal to the NCEMA within 30 days. Penalties under the New Civil Defence Regulation Additionally, the new law stipulates the penalties for violations. In accordance with Article 13 offenders may face jail imprisonment or fines. During disasters, penalties may increase to at least a minimum of two months’ imprisonment and fines between AED 20,000 and AED 250,000. Regarding the fees for the civil defence services, the cabinet may decide. It will also set fines for violations of civil defence laws as per Article 12. Conclusion The newly established civil defence regulation aims to promote public safety, increase emergency response efficiency, and maintain national planning for any crisis or disaster. Author: Dr. Hassan Elhais

Introduction: Defaulting on a bank loan in the UAE is regulated by the Commercial Code (federal decree-law No. (50) of 2022) and the Civil Procedure Law (federal decree-law No. (42) of 2022). Further, the Central Bank of UAE issued Loan Agreement Notice No. 3692/2012 of the personal loan agreement. This notice stipulates the terms and conditions for loan agreements for both lenders and borrowers.  In accordance with Article 2(1) of the Loan Agreement issued by the CBUAE, the principal loan shall be paid to the customer's account upon completion of all necessary securities and documentation. Additionally, the customer agrees to transfer the monthly income and end-of-service benefits to the bank for the duration of the loan, as well as to provide the bank with a letter from their employer. According to Article 4, the loan and related amounts become immediately due and payable in the event of default, which includes the customer's employment termination, an unauthorized transfer of their monthly salary, a violation of their obligations, and the failure to make consecutive or non-consecutive monthly instalment payments. Accordingly, the agreement may allow the bank to take appropriate actions such as the possible use of end-of-service benefits to settle outstanding amounts. In addition to this, Article 5 may permit the bank to deduct any amounts owed by the customer from funds in the accounts they hold with the bank or its branches. The Commercial Code regulates defaulting on a bank loan in the UAE. Article 409 stipulates that a bank loan is a contractual arrangement between a debtor and the bank, where the bank gives money to a borrower or adds the money to the borrower's bank account based on agreed conditions and time limits specified in the loan agreement as specified in Article 415 of the Commercial Code. The law states that the bank should obtain sufficient securities or guarantees for the loans it grants. The borrower is obligated to repay the loan and its interest to the bank within the specified time limits and according to the agreed-upon conditions. In accordance with the new Commercial code, criminal actions are limited and will only apply to certain cases of bounced cheques. Criminal actions will apply only to specific cases of bounced cheques such as intentional falsification, fraud, providing counterfeit cheques, and withdrawing account balances to prevent payment. According to the Commercial Code, in the event of a default payment, a bank may have the right to deposit a debtor's security cheque. If security cheques are dishonoured due to insufficient amounts, a bank can file an execution case against the debtor. Additionally, under the Civil Procedure Law, the bank can approach the court to seek a travel ban against the debtor as per Article 324. A bank may request a travel ban if there is a fear of the debtor escaping the state, provided the debt is not less than AED 10,000. Conditions for issuing a travel ban include providing written evidence of the debt and a guarantee by the creditor for potential harm to the debtor. Furthermore, Article 327 states that if a debtor with a travel ban does not surrender their passport or is suspected of disposing of money, the court may summon them and impose payment or attendance guarantees. Conclusion: Defaulting on a bank loan in the UAE leads to legal actions as per the law. It is important for both borrowers and creditors to know and understand these legal consequences when dealing with financial transactions in accordance with UAE law. In case of default by the debtor, the bank   is entitled to demand default interest, as stipulated in the loan agreement. Author: Dr. Hassan Elhais

The United Arab Emirates has recently passed a new personal status law, namely the Federal Decree Law No. 41 of 2024 (“Law”) that has brought about significant changes to the personal laws applicable to Muslim in the UAE, both nationals and expatriates. Although the Law was issued in October 2024, it will be enforced six months from the date of issue, i.e., in April 2025. While the new Law has altered provisions regarding divorce, child custody, alimony etc., in this article, we will focus on the changes to the laws regarding international travel with minors. Dubai has emerged as a family destination for people from around the world. Individuals who come to the UAE to work often relocate to the country with their families, due to the security and the many amenities offered by the country. However, when married couples divorce, one of the parents may return to their native country, without the agreement or consent of the other parent. This leads to emotional distress and legal complications, in addition to disrupting the lives of the children involved. It is to prevent these complications that the new personal status law has issued certain provisions governing the possession of official documents of children, and the travel of minor children. Custody and guardianship Before delving into the provisions surrounding child custody, it is important to understand the distinction between a custodian and a guardian in the context of UAE laws. Custody is defined under Article 112 of the new Law as the care, upbringing, and protection of children, and attending to their interests in a manner that does not conflict with the guardian’s right to guardianship. Article 128 further defines guardianship to include the general supervision of a minor’s affairs- without conflicting the authority of the custodian- and taking care of the minor’s property. Thus, both articles refer to the meaning of the other term, highlighting the importance of both entities in a child’s life. Travel with children Article 116 of the new Law stipulates particular guidelines for travel with child under custody. After a divorce, the custodian parent who is usually the mother of the child, can travel with their child after obtaining a written consent from the guardian parent who is usually the father of the child, as per Article 116 (1). Alternatively, the custodian can seek the permission of the court to travel with the child. Article 116 (2) states that the court may grant permission to the custodian to travel with a child for up to 60 days. This period may be extended for certain reasons, such as i) medical treatment ii) an urgent necessity, or iii) if the travel is shown to be for the best interest of the child. Who holds custody of travel documents? As was the case under the old laws, the new Law, under Article 117 provides that the custodian has the right to hold the identification documents and the birth certificates of minor children while the guardian has the right to hold the passports. The guardian may handover the passport to the custodian when the latter requires it to travel with the children. If the guardian refuses to do so, the custodian may approach the court to order the guardian to handover the documents. However, the Law has added new provisions to curb the misuse of the identification documents of the children. Article 124 of the Law states that if the custodian attempts to travel with the children without the consent of the guardian or the court, or uses the said documents in a way to harm the rights of the guardian, against the best interests of the children or for the custodian’s personal gain, the guardian may obtain custody of the documents. In such instances, the guardian is responsible for the expense of obtaining and renewing the identification documents. Criminal Sanctions The new family Law for the first time, imposes penalties on individuals who commits acts that are detrimental to their families. Consequently, the Law imposes criminal sanctions on parties that attempt to disrupt the lives of children, either by harming their rights, or attempting to abduct them from their parents or guardians. Article 251 (3) provides that if a parent does not handover the documents pertaining to the children, without any justification, to the parent who has the right to hold them, he/she may be liable to be imprisoned, and/or fined between AED 5000 and AED 100,000. Furthermore, Article 252 states that if a custodian takes a child out of UAE, without the prior permission of the guardian of the child, or the court, or misuses the children’s identification documents or gains benefits from it without rightful cause, he/she may be liable to be imprisoned and/or fined between AED 5000 and AED 50,000. Conclusion The newly established personal status laws protect the best interest of the children and the rights of guardians while ensuring their well-being. Although the laws do not directly refer to parental abduction of children, it provides a variety of tools and sanctions to deter such activities. Author: Dr. Hassan Elhais