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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]
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]
Divine, abstract sharia: In this sense, Sharia is a rather abstract concept which leaves ample room for various concrete interpretations by humans. Classical sharia: This is the body of Islamic rules, principles and cases compiled by religious scholars during the first two centuries after Muhammad, including Ijtihād
Islamic Sharia is the basis for legislation in Oman per Article 2 of its Constitution, and promulgated as Sultani Decree 101/1996. [149] The Personal Statute (Family) Law issued by Royal Decree 97/32 codified provisions of Sharia. [150] Sharia Court Departments within the civil court system are responsible for personal status matters. [151]
The Dubai court system follows Sharia law principles in matters of marriages, divorces, succession and personal status. The Dubai courts have also stated that non-Muslims are "required to respect Sharia law in Dubai." [14]
Sharia law 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. [14] All other laws are based on civil law. [15]
The Taliban's supreme spiritual leader said the group had transformed Afghanistan into an Islamic sharia-based country, as the former insurgents marked three years of rule with a huge military ...
However, the judicial system allows for different types of law, depending on the case. Sharia forms the basis for judicial decisions in most family law matters for Muslims, such as marriage and divorce, and inheritance for Muslims. However, in the case of non-Muslims and noncitizens, the laws of their home country apply, rather than Sharia.