UAE Sharia Law
The United Arab Emirates (UAE) is an Islamic state founded on Islamic law, commonly referred to as Sharia law. Sharia law is derived from the Quran, the Hadith (sayings of the Prophet Muhammad), and Islamic jurisprudence and is the foundation of the UAE’s legal system. Sharia law governs all aspects of life in the UAE, from criminal and civil matters to family and inheritance law.
Criminal law
The UAE has a civil code, the Penal Code, which is based on Sharia law and defines the legal parameters of criminal law. Sharia law dictates that the punishment should fit the crime and that it should not be excessive or disproportionate. As such, the punishments for crimes under Sharia law are often much less severe than in Western countries. For example, the death penalty is rarely imposed in the UAE, as it is considered to be a last resort.
The most serious crimes such as murder, rape, kidnapping, and drug trafficking are punishable by life imprisonment or the death penalty. Other common crimes such as theft, fraud, and forgery are punishable by imprisonment, fines, or both. Alcohol consumption, adultery, and consumption of pork are also illegal and those found guilty can face imprisonment and/or fines.
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Civil law
Sharia law governs civil matters such as inheritance, marriage, divorce, and child custody. The process for legal disputes is largely the same for both Muslims and non-Muslims, although certain areas of civil law such as inheritance and marriage are restricted to Muslims.
Inheritance is one of the most important areas of civil law in the UAE. Under Sharia law, the inheritance of a deceased person is divided according to the principles of Islamic inheritance law. This means that the male heirs receive a larger share than the female heirs. The division of inheritance is based on the relationship of the heirs to the deceased, with the most distant relative receiving the smallest share.
Marriage is governed by Sharia law and the minimum legal age for marriage is 18. Both men and women have the right to initiate a divorce, and the process is usually much quicker and simpler than in Western countries.
Child custody is determined by Sharia law and is usually granted to the mother until the child reaches the age of 7, after which custody is transferred to the father.
Business law
Sharia law also governs business transactions in the UAE. In particular, interest-based transactions such as loans, mortgages, and investments are prohibited, as are transactions involving gambling, alcohol, and pork. Contracts must also be written in Arabic and must adhere to the principles of Sharia law.
The UAE also has a number of specialized courts, such as the Dubai International Financial Centre (DIFC) Court, which deals with disputes relating to financial services and investments.
Sharia courts
There are three main types of courts in the UAE: civil, criminal, and Sharia. Sharia courts are responsible for cases involving family disputes and other matters that are covered by Sharia law, such as inheritance and marriage.
The majority of Sharia judges in the UAE are Muslim, but there are also non-Muslim judges who are appointed by the ruler of the emirate. The Sharia court system operates independently from the civil and criminal courts, and all rulings by the Sharia court must be consistent with the principles of Sharia law.
In conclusion, Sharia law is the foundation of the legal system in the UAE, and it governs all aspects of life from criminal and civil matters to family and inheritance law. The UAE has a number of specialized courts, such as the DIFC Court, which deals with financial services and investment disputes, as well as Sharia courts for family matters and other matters covered by Sharia law.
Summary
Criminal law
The UAE has a civil code, the Penal Code, which is based on Sharia law and defines the legal parameters of criminal law. l Civil law
Sharia law governs civil matters such as inheritance, marriage, divorce, and child custody. In conclusion, Sharia law is the foundation of the legal system in the UAE, and it governs all aspects of life from criminal and civil matters to family and inheritance law. The UAE has a number of specialized courts, such as the DIFC Court, which deals with financial services and investment disputes, as well as Sharia courts for family matters and other matters covered by Sharia law.
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