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Introduction:
In December 2nd 1971, United Arab Emirates was declared as a united, independent and sovereign
state encompassing of seven emirates, i.e. Abu Dhabi, Dubai, Sharjah, Ras Al Khaimah, Ajman, Um
Al Quwain and Al Fujairah.
Glance about United Arab Emirates
The President of the Country: H.H. Sheikh Khalifa Bin Zayed Al Nahyan (may Allah Bless him)
The Population: 4.320 Million (Estimations of 2005).
The Capital: Abu Dhabi
The Seven Emirates: Abu Dhabi, Dubai, Sharjah, Ras Al Khaimah, Ajman, Um Al Quwain and Al
Fujairah.
Area: 83.600 square kilometers
The Religion: Islam
The Language: Arabic Language is considered the official language in the country whereas the
English Language is widely used as far as the commercial and economic domains are concerned.
The Local Timing: The timing of United Arab Emirates precedes the Grenache timing by four hours.
(Grenache + 4).
Although the core principles of law in the UAE are drawn from Sharia, most legislation is comprised of
a mix of Islamic and European concepts of civil law, which have a common root in the Egyptian legal
code established in the late 19th to 20th centuries. The French influence is most clearly demonstrated
by the adoption of the civil law by most countries in the region similar to those in European states,
rather than the common law system in the UK.
In addition to specific legal legislation covering agencies, company law, labor law, and intellectual
property, the UAE has enacted civil and commercial codes. Although the system has lead to the
development of comprehensive and structured legal systems, these are rigid and inflexible to some
degree, and this constitutes the bureaucracy of regulation that is associated with countries in the
Middle East region as a whole.
The structure of the legal system is complex with both dual courts, Sharia courts and civil courts
operating in parallel, but covering different areas of the law. For example in the UAE, each Emirate
has its own federal court of first instance, although Dubai and Ras al Khaimah have their own
separate judicial frameworks .
UAEs Legal System as of the other Legal systems in the Gulf is usually quite complicated and those
unfamiliar with their workings can find this very difficult. The fact is that these systems are completely
different to those in the west with a whole different language, which makes it worrying for those who
want to transact in business in the UAE and the Gulf states.
Although these systems are different, the basic legal principles and structure are logical and
understandable. They have evolved over many centuries, in a similar way to the West and, especially
in the UAE, are adapting to the changing needs of society with new developments in thinking for a
modern age. More changes in commercial law have liberalized legal regimes, creating a more open
and
understandable
environment
for
foreign
businesses
and
investors.
The basis of the legal system in the UAE is Sharia or Quranic Law. In the constitutions, Islam is
identified as the state religion as well as the principal source of law. However, although the principles
of Sharia influence criminal and civil laws, the direct influence of Sharia in the UAE is primarily
confined to social laws, such as family law, divorce or succession. Most commercial matters are now
dealt with by either civil courts or permanently established arbitration tribunals.
There are several core principles of Sharia which apply to business transactions and which have
influenced the development of commercial codes that apply in the UAE. Although these concepts
don't directly translate into commercial codes (although they may do in Islamic finance), they have
exerted an influence over the drafting and interpretation of these laws. These are:
The constitution prohibits torture or degrading treatment and prohibits arrest, search, detention, or
imprisonment, and entry into homes without the owner's permission, except in accordance with the
law. It provides for the independence of the judiciary, but its decisions are subject to review by the
political leadership. The constitution also in Article 25 states that all persons are equal before the law
and there shall be no discrimination between citizens of the Union in regard to race, nationality,
religious belief or social status. And Article 28 points out that Penalty is personal, an accused person
is presumed innocent until his conviction is proved before a court of law wherein the necessary
guarantees of the right of self-defense are secured, The law shall prescribe the cases in which the
presence of a counsel for defense shall be assigned and physical and moral abuse of an accused
person is prohibited. Article 27 adds that Crimes and punishments shall be defined by the law & No
penalty shall be imposed for any act of commission or omission committed before the relevant law
has been promulgated.
Issuance of laws
Part 5 of UAE constitution explains the process of legislation in the UAE which is:
Administrative Structure
The United Arab Emirates is a federation of seven Emirates. The legislative branch is the unicameral
Al-Majlis Al-Watani Al-Ittihadi, or Federal National Council (FNC). Twenty of the FNC's 40 members
are elected by 7000 notables who are chosen by the local governments to represent various social
groups and tribes. The other twenty are appointed by the rulers of the Emirates to serve a two-yearterm of office with the possibility of renewal. The selection process of the FNC members is left by the
constitution to the Emirates' discretion. Of the 40 members the share of Abu Dhabi and Dubai is 8
members each. Sharjah and Ras al Khaymah have 6 members each, and Ajman, Umm al Oaywayn,
and Al Fujayrah each have four members on the Federal National Council.
Functions
The FNC reviews legislation and proposes amendments to it, but it does not have the power to veto
laws or to initiate new laws. As such, the parliament is largely a consultative body. The Council,
however, does have the power to examine and amend proposed legislation and the power to summon
and question any federal minister as well as its own members. One of the main duties of the FNC is to
discuss the annual budget.
Official Gazette
Article 111 clearly states that Laws shall be published in the Official Gazette of the Union within a
maximum of two weeks from the date of their signature and promulgation by the President of the
Union after the Supreme Council has ratified them.
Law enforcement
Article 112 clearly states that no laws may be applied except on what occurs as from the date they
become in force and no retroactive effect shall result in such laws however if necessity so requires ,
the law may stipulate the contrary in matters other than criminal .
Responsibilities of Federal Supreme Council
lower courts, but will also supervise these lower courts to ensure that they are applying and
interpreting the law correctly. Lower courts must abide by the legal principles set down by the Court of
Cassation.
The Emirate of Dubai has its own Court of Cassation. In all Emirates other than Dubai and Ras Al
Khaimah, the final appeal will be to the federal Supreme Court located in Abu Dhabi.
Drafted 22 March 2005. Based upon an article entitled The Courts System in the UAE, by Mohamed
Ali Abou Sakr, Liberty magazine, Issue 03, March 2005. Edited for content and to include post
research into the topic.