The United Arab Emirates came into being on 2 December 1971 and contains seven states that include Abu Dhabi, Dubai, Sharjah, Ajman, Umm al Quwain and Fujairah. The last state Ras al Khaimah became the part of UAE on 10 February 1972.
The United Arab Emirates follows the legal system that comprises the constitution and consists of both Civil Code principles. These principles are derived from Federal Law no. (5) Of 1985 and sharia principles. The federal and local laws, sharia principles and altogether make the laws for civil matters. The article will cover the basic framework and structural organization of the legal system in the UAE.
Adoption of UAE Legal System
It is very interesting for you to know that the basic principles being followed in UAE are extracted from the Islamic sharia. Moreover, the legislations are a combination of civil as well various other laws including French and Egyptian laws that the country implements.
Sharia System in The UAE
The UAE tends to follow the basic principles and guidelines that connect Islamic sharia (the actual system of law) with civil laws. The Islamic sharia defines that all individuals are equal and independent of any inequality and discrimination.
The constitution of UAE also states about sharia that is the basis of law, however, both sharia and civil legislation that implements in the country depend on the severity of the case. If you are living in UAE, it is mandatory for you to know about the laws and legislation. These legislations help the residents in enforcement to follow them properly. In the light of sharia, residents must follow certain compulsory prohibitions.
Sharia prohibits intake and giving of Riba (interest), gambling, prostitution and alcohol consumption and risky investments. Therefore if you are a resident of the UAE it is important to avoid these activities. The business in UAE also follows the Islamic way that involves faith and benefit for both parties.
Additionally, the country follows the sharia law with respect to specific scenarios including blood money payment. Although, individual states have amended the laws that employ suspension of some punishments including flogging being replaced by imprisonment.
Dubai Being Self-Regulation of Court
Although UAE has seven states independent in terms of finance but follows the same law imposed in the country. Dubai tends to follow its law by self-regulation of its courts and judiciary. This judiciary is unanswerable to the federal judiciary of the UAE. Dubai courts follow the federal laws specifically civil code companies’ law and other laws that the ruler has implemented in the state.
Free Zones of Dubai
The UAE legal system has introduced various milestones projects that have resulted to accommodate, adapt and develop to the new demand. This Demand is important for local as well as foreign businesses. Dubai has initiated free zones with different laws and by-laws to facilitate the complex demands of business professionals.
The free zones that the state introduces include Jebel Ali Free zone, Dubai media centre, and Dubai International Finance Centre (DIFC) and others. These free zones facilitate international entrepreneurs to start their businesses with 100% ownership.
Hence, provide an attraction for new business start-ups. The state also provides other facilities such as tax-related concessions, import duty reduction, and restrictions in exchange. These free zones are tending to bring businessmen to the country to invest. Therefore, consider it a smart place for business.
However, many firms are offering legal services in Dubai for the businessmen who are willing to initiate business in these free zone areas of the state. This has implied that an international company’s impact strongly in the country which will bring enhancement in sustainability and long-term investment.
The Court System in UAE
The UAE operates its system according to the federal and local levels. The local level deals with the separate court systems of each state and judiciary department. On the other hand, the federal level controls the courts and judicial system across the whole country. Three degrees of courts that regulate at the federal and local levels including the Court Of First Instance, Court Of Appeal, and Court Of Cassation at the local level.
Federal Supreme Court is the highest judiciary in the UAE. The Federal Supreme Court further heads the federal judiciary. The court of the first instance deals with the disputes that occur based on civil, administrative labour, and other personal disputes.
The criminal courts are also present in the country to deal with offensive cases, felonies and misdemeanors. The criminal courts consist of either 1 or 2 judges that take decisions in the light of laws. The decisions and discernment being issued by a court of instance can be appealed before going into the court of appeal.
It occurs when an appeal may be filed due to a breach in public policy, or invalidity of judgment procedures that may affect the decision among the suspects. The cassation court deals with the cases that are filed in opposition to the decision made by the court of appeal concerning certain cases, under 173 of Civil Procedure Law.
The court of cassation looks into the matter when any mistake occurs in the interpretation or against an application issued against the rules of jurisdiction. The court of cassation also deals with the cases when the court of appeal announces a decision that lacks reasoning and inadequacy occurs in these decisions.
The End Note
UAE is a country with seven states that are independent of their rules and regulations. But these states follow the same Islamic sharia principles in every state. The different court in UAE helps the residents to resolve their disputes in the light of laws and legislation provided under these courts.
The active judiciary framework of UAE will help the citizens to follow the rules and regulations that can be helpful for the discipline of the country. Additionally, it is also helpful in the economic growth of the country. This will appeal to more international investors to invest in the country. For instance, Dubai is offering free zones with most of the advantages for the long-term investment in the country.