1. Sources of Law.
In the UAE, the criminal justice system is established on both Sharia law, which deals with serious crimes and personal status issues, and codified federal laws that address a wide variety of offenses. Criminal law has two primary sources:
According to the UAE’s Penal Code,
- Family law, inheritance, and criminal acts like thefts/adultery, or murder are particularly affected by Sharia principles.
- Some Islamic punishment involves the use of qisas (retribution) and diya (blood money).
2. Types of Criminal Offenses.
Criminal offenses in the UAE are broadly categorized into three types:
Crimes against individuals: This category includes offenses such as murder, assault, theft, and fraud. In cases of serious crimes like murder, the punishment may include the death penalty, life imprisonment, or diya (blood money).
Crimes against public safety and morality: The UAE places a high emphasis on maintaining public order and morality. Crimes such as public indecency, drunkenness, and offensive behavior in public are subject to strict penalties, including imprisonment and fines. Adultery and consensual extramarital sex are also criminalized in the UAE, although recent reforms have softened some restrictions.
Financial and economic crimes: The UAE is a major financial hub, and financial crimes such as money laundering, embezzlement, and fraud are taken seriously. Federal Law No. 4. Penalties for financial crimes often include heavy fines, imprisonment, and asset confiscation.
3. Cybercrime Laws
Cybercrime is a growing concern in the UAE, especially with the country’s increasing digitalization. Federal Decree-Law No. 34. Hacking: Unauthorized access to computer systems or networks is punishable by imprisonment and heavy fines.
Cyber fraud: Using digital means to commit fraud or steal personal information can lead to severe penalties.
Social media violations: Publishing false information, spreading rumors, or defaming individuals or the government online is strictly prohibited. Off enders can face imprisonment, fines, and deportation.
4. Drug-Related Offenses.
The UAE has a zero-tolerance policy for drug-related crimes, and the penalties for drug possession, trafficking, or consumption are severe. Federal Law No. 14. For drug possession, individuals may face imprisonment or deportation, though recent reforms introduced rehabilitation for first-time off enders, depending on the amount and type of drug.
5. Family and Morality Crimes.
UAE criminal law includes provisions rooted in Sharia principles to protect family structure and public morality. Key areas include:
- Adultery and fornication:
Reforms introduced in 2020 eased restrictions on consensual relationships outside of marriage for non-Muslim expatriates. However, cases may still be prosecuted in certain circumstances, particularly if one of the involved parties is married or if a complaint is filed by a spouse or guardian. - Alcohol consumption:
Alcohol may be consumed legally in licensed venues or private settings, but public intoxication and driving under the influence remain criminal offenses. DUI laws are strictly enforced, with imprisonment and heavy fines imposed even for minimal alcohol levels in the bloodstream. - Domestic violence:
Acts of domestic abuse are criminalized and can result in fines, restraining orders, and imprisonment under Federal Law No. 10 of 2021.
6. Punishments and Penalties
Criminal penalties in the UAE vary based on the severity and category of the offense. Common legal consequences include:
- Fines:
Imposed for minor offenses and misdemeanors. - Imprisonment:
Applied for more serious crimes, with sentences ranging from short-term detention to life imprisonment. - Additional measures:
Depending on the case, penalties may also involve deportation for expatriates, community service, suspension of licenses, or confiscation of assets.
The UAE maintains a firm legal framework to deter crime and ensure public safety.
7. Criminal Procedure
Crime is investigated, prosecuted, and ruled on according to a well-defined criminal procedure in the UAE. Federal Law No. 35. In custody: Individuals suspected of a crime may be taken into custody while an investigation is conducted. Two days of detention without charges is allowed, after which formal charges must be filed.
Public Prosecution investigates criminal cases in the UAE?. their responsibilities include gathering evidence, interviewing witnesses, and selecting whether to proceed with the prosecution.
The UAE legal framework, which comprises three tiers of courts: the Court for First Instance, the Court of Appeal, and the Supreme Court, dictates that trials are held. Right to a lawyer: Defendants can appeal their convictions.
Probation of innocence: Under UAE law, no one is considered innocent until proven guilty, and the prosecution must prove their innocence.