Jurisprudence Law at United Arab Emirates
The legal system of the United Arab Emirates (UAE) is a unique blend of civil law, Islamic Sharia law, and, in certain jurisdictions, common law principles. This hybrid framework reflects the country's diverse legal heritage and its adaptation to modern legal and commercial needs.
🏛️ Legal System Overview
The UAE operates under a dual legal system:
Civil Law: The primary source of law is codified statutes, influenced by Egyptian, French, and Roman legal traditions. Judges in civil courts generally do not rely on judicial precedents, though higher court rulings may guide lower courts.
Sharia Law: Islamic law governs personal status matters for Muslims, including marriage, divorce, inheritance, and custody. In 2020, the UAE amended its Federal Penal Code to limit the application of Sharia to retribution and blood money punishments, removing corporal punishments like flogging and amputation from the legal framework .
Additionally certain emirates, notably Dubai and Ras Al Khaimah, have established common law courts within their free zones, such as the Dubai International Financial Centre (DIFC) Courts. These courts apply English common law principles and are available to businesses operating within these zones .
⚖️ Judicial Structure
The UAE's judiciary comprises both federal and local court systems:
Federal Courts: These courts have jurisdiction over matters specified by federal law and operate in emirates that do not have their own local court systems. The federal judiciary includes:
Federal Courts of First Instance: Handle civil, criminal, and personal status cases.
Federal Courts of Appeal: Hear appeals from the lower courts.
Federal Supreme Court: The highest court in the federal system, it resolves disputes between emirates, interprets the constitution, and reviews the constitutionality of federal laws .
Local Courts: Emirates like Abu Dhabi, Dubai, and Ras Al Khaimah maintain independent court systems. These courts have their own structures, such as courts of first instance, appeal, and cassation, and handle cases within their respective jurisdictions .
🧑⚖️ Legal Practice and Precedent
In the UAE's civil law system, judicial precedents are not legally binding. However, decisions from higher courts, particularly the Court of Cassation, are often persuasive and can influence lower court rulings. The Court of Cassation serves as the highest appellate body, ensuring uniformity in the application of the law .
🌐 Alternative Dispute Resolution
The UAE has developed a robust framework for alternative dispute resolution (ADR), particularly in commercial matters:
Arbitration: The country hosts several arbitration centers, including the Dubai International Arbitration Centre (DIAC) and the DIFC-LCIA Arbitration Centre, which offer arbitration services based on international standards.
Islamic Arbitration: The International Islamic Centre for Reconciliation and Arbitration (IICRA) provides dispute resolution services in line with Islamic principles, catering to the Islamic finance sector .
📜 Sources of Law
The UAE's legal framework is derived from:
Constitution: Serves as the supreme law of the federation.
Federal Laws and Decrees: Enacted by the federal government, covering areas such as criminal law, commercial law, and civil law.
Emirate-Specific Laws: Each emirate may enact laws within its jurisdiction, provided they do not conflict with federal laws.
Sharia Law: Influences personal status laws for Muslims and aspects of criminal law.
For more detailed information on the UAE's legal system, you can explore the official portal of the UAE Government's Ministry of Justice: .
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