The UAE penal code is not based completely on Islamic Sharia, but derives several elements from it. Sharia law does exist in the UAE and is used in specific circumstances, such as in the payment of blood money. Individual emirates have also suspended some Sharia punishments such as flogging, replacing them with jail terms.
Under UAE Law, a juvenile is an individual aged 18 or below. Capital punishment, imprisonment, or fines cannot be imposed as sentences against juveniles who commit criminal offences. The Juveniles law follows a Restorative Justice model focusing on the needs of the young offender. Judges can issue a variety of non-punitive sentences including reprimand, putting young offenders under the supervision of a guardian, or rehabilitation.
In 2015, 40% of all cases examined by prosecutors were related to offences committed by juveniles.
Islamic Law Edit
The competence of Sharia Courts has been limited by presence of Civil and Criminal Courts. In some Emirates, particularly Abu Dhabi, however, Sharia law came to apply to all types of civil and commercial disputes, capital criminal offences and matters of personal status. Each of the seven federal Emirates maintains a parallel system of Sharia Courts proper to it.
Flogging is a punishment for certain criminal offences (such as adultery, and alcohol consumption by Muslims) and it is applicable to both genders. Between 2007 and 2014, many people in the UAE were sentenced to 100 lashes.
Stoning is a legal punishment under Sharia. Between 2009 and 2013, several people were sentenced to death by stoning.
Punishable offenses Edit
Verbal abuse Edit
Verbal abuse pertaining to a person's sexual honour is illegal and punishable by 80 lashes. In January 2014, a man in Abu Dhabi was sentenced to 10 years imprisonment and 80 lashes for alcohol consumption and raping a toddler.
Alcohol consumption for Muslims is illegal and punishable by 80 lashes, many Muslims have been sentenced to 80 lashes for alcohol consumption. 80 lashes is the standard amount for anyone sentenced to flogging in some emirates. Sometimes 40 lashes are given. Non Muslims are required to have Alcohol Licenses to be allowed to consume spirits and alcohol. If a license was not obtained, the punishment will be 1–6 months detention and/or a fine not exceeding 2000 Dirhams (approximately 544 US Dollars). Non Muslims cannot be punished by flogging under Sharia Principles for consuming alcohol and this has been confirmed by UAE Federal Law No.52 of year 2006. Drunk-driving is strictly illegal.
Under article 340 of the Penal Code abortion is illegal in the United Arab Emirates except where a woman's life is at risk or the unborn child has a genetic condition that will prove to be fatal. A woman who is found to have undergone an elective abortion may face a penalty of up to one year in prison and a fine up to 10,000 AED.
False allegations crimes Edit
Many western associations state that many women who reported rape but were convicted for false allegations are still victims of rape. This is what they call criminalization of rape victims. The Emirates Center for Human Rights expressed concern over Dubai's criminalization of rape victims.
In Dubai, a woman who engages in consensual extramarital relations and press false allegations of rape can be sentenced to over a year of time in prison.
The Emirates Center for Human Rights states that "Until laws are reformed, victims of sexual violence in the UAE will continue to suffer" referring to a case in July 2013 in which a 24 year old Norwegian woman, Marte Dalelv reported an alleged rape to the police and received a prison sentence for "perjury, illicit [consensual extramarital] sex and alcohol consumption" and false allegations after she admitted lying about the rape.
Apostasy from Islam Edit
Apostasy is a crime punishable by death in the UAE. Blasphemy is illegal, expats involved in insulting Islam are punished by deportation. UAE incorporates hudud crimes of Sharia into its Penal Code - apostasy being one of them. Article 1 and Article 66 of UAE's Penal Code requires hudud crimes to be punished with the death penalty, therefore apostasy is punishable by death in the UAE.
Dress code violations Edit
See also: Clothing in the United Arab Emirates
The UAE has a modest dress code. The dress code is part of Dubai's criminal law. Most malls in the UAE have a dress code displayed at entrances. At Dubai's malls, females should cover their shoulders and knees, therefore sleeveless tops and short shorts are not permitted. However, the dress code is not strictly enforced in public places and it is very common to see people wearing all kinds of outfits at those places, especially in Dubai.
Cheque bounces Edit
The wording of the Federal Penal Code provides presumption of bad faith on the part of 'anyone who draws a draft without a sufficient and drawable balance'. However, in practice, it is far more common for a cheque to be deposited by the payee as a tool to threaten and blackmail rather than male fides on the part of the drawer.
Further information: LGBT rights in the United Arab Emirates
Homosexuality is illegal and a crime punishable by law.
Public Display of Affection Edit
Romantic kissing in public places is considered discourteous to the Emirati culture and is discouraged and can be punished by law. Public sex is a crime punishable by law.
Other offenses Edit
Article 1 of the Federal Penal Code states that "provisions of the Islamic Law shall apply to the crimes of doctrinal punishment, punitive punishment and blood money." The Federal Penal Code repealed only those provisions within the penal codes of individual emirates which are contradictory to the Federal Penal Code. Hence, both are enforceable simultaneously.
A new federal law in the UAE prohibits swearing in Whatsapp and penalizes swearing by a $68,061 fine and imprisonment, expats are penalized by deportation. In July 2015, an Australian expat was deported for swearing in Facebook.
During the month of Ramadan, it is illegal to publicly eat, drink, or smoke between sunrise and sunset. Exceptions are made for pregnant women and children. The law applies to both Muslims and non-Muslims, and failure to comply results in arrest.l
Homosexuality should be change to decriminalized
Apostasy from Islam should be change to Life Imprisonment
Public Display of Affection should be decriminalize
Adultery should be Legalized
Right to private life
Human rights organizations argue that many acts targeted by stoning should not be illegal in the first place, as outlawing them interferes with people's right to a private life. Amnesty International said that stoning deals with "acts which should never be criminalized in the first place, including consensual sexual relations between adults
Women's rights Edit
Stoning has been condemned as a violation of women's rights and a form of discrimination against women. Although stoning is also applied to men, the vast majority of the victims are reported to be women. According to the international group Women Living Under Muslim Laws stoning "is one of the most brutal forms of violence perpetrated against women in order to control and punish their sexuality and basic freedoms".
Amnesty International has argued that the reasons for which women suffer disproportionately from stoning include the fact that women are not treated equally and fairly by the courts; the fact that, being more likely to be illiterate than men, women are more likely to sign confessions to crimes which they did not commit; and the fact that general discrimination against women in other life aspects leaves them at higher risk of convictions for adultery. Stoning is a legal punishment under Sharia. Between 2009 and 2013, several people were sentenced to death by stoning and these punishment should be criminalized
Abortion should be Legalized