UAE SETS OUT A LEGAL OVERHAUL OF PERSONAL AND FAMILY LAW

The government of the UAE has made the biggest reforms in the legal system in years. The changes in the family law and other laws were announced on Saturday with immediate effect. This revision of the laws will mirror steadily in the measures to improve living standards and making UAE a destination for people all around the world along with foreign direct investment.

The new amendments made to the existing laws allow expats to have their personal affairs dealt with under their home country laws.
There are around 200 different nationalities in the UAE and the reforms made in the laws relate to wills and assets, divorce and separation, alcohol, women protection, suicide.

These changes being made means the Islamic law or Sharia is rarely used when it comes to family law cases that involves expatriates. A persons’ country of origin laws is used for inheritance, and divorce according to the new changes.

Divorce and Inheritance

A significant development in case of divorce and assets breakdown has been made. In case of a couple married in their home country, filing for a divorce in the UAE, the laws of the country where the marriage took place will be applied. Under the new law joint account and assets are mentioned, and mediation by the court can take place if both parties are not in agreement.

Modifications in wills and inheritance are also made. Previously the assets of a deceased person were found to be divided under the Sharia, which the expats are unused to. With the amendment, the citizenship of the person determines the partition. But, if there is a written will things take place according to it. In cases of property purchased in the UAE, it is managed according to UAE law.

Non-Muslims in Dubai are registering their wills at Dubai International Financial Centre’s wills and probate registry. This is linked to the government but not to Dubai’s state-run civil courts; whereas non-Muslims in Abu Dhabi are registering their will at the Emirate’s Judicial Department since 2017.

Suicide

According to the new amendments, suicide and attempted suicide are not punishable by law. Previously such people who survived were prosecuted, instances being rare. The new amendment ensures vulnerable people be sent to mental health support centers, but anyone found assisting attempted suicide will face a jail sentence.

The new law also ensures that people who end up hurting a person while trying to help a person in need are not held accountable. Earlier under the aforesaid conditions, the one who hurts a person unintentionally while trying to help in case of need was punishable.

Assault and Honor crimes

Hereon, there are no honor crimes, where a male relative gets a lighter sentence while assaulting a female relative. These incidents are treated as crimes.

Also, severe punishments are being put forth against women’s harassment, and this includes stalking and street harassment. Also, the law acknowledges that men could be victims of stalking and harassment.
Punishments in case of rape of minors or one with limited mental capacity are executed.

Alcohol

According to the new laws, alcohol consumption is no longer a criminal offense, and people who drink, possess, or sell alcohol in authorized areas without an alcohol license are unpunishable.

Earlier persons are charged if found consuming alcohol while getting arrested for another criminal offense.

In order to consume alcohol legally in the UAE, a person must be 21 years of age, and anyone selling alcohol to an underage person is found guilty.
Alcohol consumption should be done privately or in licensed public places.
Abu Dhabi ended the alcohol license system for its residents during September, and this federal law is now applicable to all the emirates.

The cohabitation of unmarried couples

The law now allows legal cohabitation of unmarried couples, previously which was illegal.

Judicial procedures

The new law requires providing translators for defendants and witnesses in court in case they do not speak Arabic. The court ensures the presence of legal translators.

The new privacy law ensures that pieces of evidence of indecent acts are protected and are not publicly disclosed.

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Originally posted 2021-09-29 04:47:26.