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Some financial free trade zones in Abu Dhabi and Dubai have their own legal and court systems based on English common law; local businesses in both emirates are allowed to opt-in to the jurisdiction of common law courts for business contracts. [4] [5] [6] The justice system in the UAE has been characterized as opaque.
The federal justice system is defined in the Constitution of the United Arab Emirates, with the Federal Supreme Court based at Abu Dhabi. [1] As of 2023, only the emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while all other emirates use the federal court system for all legal proceedings. [2]
The Abu Dhabi Judicial Department (Arabic: دائرة القضاء) is the Abu Dhabi government agency responsible for maintaining the local justice system of Abu Dhabi. The department maintains the emirate's courts (courts of first instance and appeals, and the Abu Dhabi Court of Cassation), an independent public prosecutor office, and a judgement enforcement force.
The Ministry of Justice (MoJ) (Arabic: وزارة العدل) of the United Arab Emirates was created in 1971, shortly after the federal government was established. [1] The ministry oversees the court system of the United Arab Emirates and any associated prosecutorial services.
[171] [172] Recently, the emirate of Abu Dhabi opened a civil law family court for non-Muslims and Dubai has announced that non-Muslims can opt for civil marriages. [ 173 ] [ 171 ] Apostasy is a technically capital crime in the UAE, however, there are no documented cases of apostates being executed.
The Abu Dhabi Federal Court of Appeal sentenced 43 activists to life imprisonment, after convicting them of creating and managing a terrorist organisation. The Emirati authorities imprisoned 10 other defendants for 10 to 15 years on the charges of money laundering and "co-operating with al-Islah".
Lesbian, gay, bisexual and transgender (LGBT) people in the United Arab Emirates face discrimination and legal challenges. Homosexuality is illegal in the United Arab Emirates (UAE) and under the federal criminal provisions, consensual same-sex sexual activity is punishable by imprisonment; extra-marital sexual activity between persons of different sexes is also illegal.
Whereas men can marry multiple women and unilaterally divorce, women are required to obtain a court order to divorce their husband. [11] Honor killings can go unpunished, as the victim's family can pardon the murderer. [11] Marital rape is not criminalized in the UAE. [11] The UAE is a major destination for sex trafficking. [12]