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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]
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 2017, an update was published on the UAE government website stating that all divorce cases in the UAE for Muslim couples would be governed by Sharia law, as well as those in the case where the husband is Muslim and the woman a non-Muslim. [28]
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]
A wedding in Dubai.. In the United Arab Emirates, marriage is governed by a combination of Islamic principles, local traditions, and legal regulations. Islamic marriages within the country are conducted according to Sharia law, where the groom and bride are both Muslims, or the bride is from 'Ahl Al-Kitaab', typically referring to Christianity or Judaism.
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]
Unlike common law, judges' verdicts do not set binding precedents [229] under the principle of stare decisis, [230] and unlike civil law, Sharia is left to the interpretation in each case and has no formally codified universal statutes. [231] The rules of evidence in Sharia courts traditionally prioritize oral testimony, and witnesses must be ...