Islamic law relaxation in UAE

  • The United Arab Emirates on November 7 announced a slew of legal reforms relating to personal freedoms that seek to move the country away from its hardline interpretation of Islamic law.
  • As per the state-run Emirates News Agency (WAM) and The National, the overhaul includes changes in laws related to honor killings, alcohol restrictions, cohabitation of unmarried couples, divorce and succession.
EXPO 2020
  • The modernization efforts have been announced before Expo 2020.
  • Expo 2020 is the mega world event hosted by Dubai that is expected to bring in investments and around 2.5 crore visitors to the country. 
  • The Expo was to be held from this year October until April 2021.
  • It was postponed to October 2021-March 2022 because of the coronavirus pandemic.
HONOUR KILLINGS AND HARASSMENT OF WOMEN
  • Previously, under “honor crimes”, male relatives could evade prosecution or get lighter sentences for assaulting women who purportedly brought “dishonor” to the family by acts such as disobeying religious scriptures or promiscuity. 
  • Such incidents would now be treated as similar to any other assault, The National reported.
  • The rape of a minor or someone “with limited mental capacity” will be punished with execution, the report said.

CONSUMPTION OF ALCOHOL

  • Drinking alcohol has been decriminalized for those above 21 years of age.
  • Penalties for possessing or selling alcoholic beverages without an alcohol licence in authorised areas have been removed. 
  • As per an AP report, Muslims, who until now had been barred from obtaining licenses, would be allowed to drink alcoholic beverages.

UNMARRIED COUPLES LIVING TOGETHER

  • “Cohabitation of unmarried couples” has been made legal for the first time. 
  • Previously, it was illegal for an unmarried couple, or even unrelated flat-mates, to share a home in the UAE, The National said.
  • Although prosecutions in this category had been rare, the decriminalization is meant to attract more people to move to the country.

DIVORCE AND SUCCESSION

  • In a major change, for couples who were married in their home country but want to get a divorce in the UAE, laws of the country where the marriage took place would apply.
  • As regards succession, in bitterly fought cases, local courts could apply UAE’s Sharia law to divide assets among family members. 
  • Now, the law of a person’s citizenship will determine how assets would be divided, unless there is a written will. 
  • However, property purchased in the UAE will continue to be administered according to Sharia law.

SUICIDE AND “GOOD SAMARITANS”

  • The reforms decriminalize suicide and attempted suicide. 
  • Previously, a person who survived a suicide attempt could be prosecuted. 
  • However, this offence has now been removed.
  • Now, the courts and police are supposed to provide mental health support to vulnerable people.
  • Also, previously, a person who offered aid (such as CPR or first aid) to someone could be held accountable for the latter’s injury or death. 
  • This provision has been removed. 

PROCEDURAL REFORMS

  • Courts have been mandated to provide legal translators for defendants and witnesses who do not speak Arabic.
  • Privacy laws have also been strengthened, and evidence related to alleged indecent acts will now have to be protected and cannot be publicly disclosed, The National reported.
  • However, other offences in the UAE that have affected expatriates, such as homosexuality, public displays of affection and cross-dressing, have so far not been addressed.



SOURCE: IE

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