Awatif Mohammad Shoqi Advocates & Legal Consultancy

Awatif Mohammad Shoqi Advocates & Legal Consultancy

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Property Law

Force Majeure Clauses in Contracts: A Special Reference to Form F in Dubai Real Estate Transactions

Introduction Contractual obligations may become difficult to perform due to unforeseen external events that disrupt normal commercial operations. In recent years, particularly in the wake of the COVID-19 pandemic and various geopolitical tensions, the term "force majeure" has come under increased scrutiny in the realm of business agreements. Consequently, businesses are now meticulously examining their contracts and assessing the adequacy of their "force majeure" provisions in light of the risks posed by these tensions. However, force majeure is only available in certain situations and cannot be invoked merely because performance has become harder or more expensive. The doctrine works within certain legal limits, and its application depends on whether the event in question makes it absolutely impossible to perform the contract. Historically, the doctrine was codified in the Civil Code under Federal Law No. 5 of 1985, which established the legal framework governing circumstances that prevent or significantly hinder contractual performance. The UAE approved a new set of laws called Federal Decree-Law No. 25 of 2025 on Civil Transactions, which is set to come into force on 1 June 2026. Although the new law keeps the basic rules on "force majeure" and "extraordinary circumstances," it also clarifies when performance is impossible and when it is still possible but too difficult.   It is important to understand the difference between these two terms when deciding whether geopolitical factors can justify breaking or changing a contract. Legal Framework of Force Majeure Clause and Exceptional Circumstances The doctrines of force majeure in the UAE law (Civil Code of 1985)  under Article 273 and exceptional circumstances under Article 249 provide legal ways to deal with cases where events beyond the parties' control make it impossible to perform the contract. Both theories are based on unexpected events that neither party could have predicted. However, they are very different and should only be used in certain circumstances. When an unexpected and uncontrollable event makes it objectively impossible to fulfill a contractual duty, this is called "force majeure" in the UAE law. When a contract has a  "force majeure" clause, the problem will be addressed according to the terms of the contract. Article 273 of the Civil Code, on the other hand, also covers situations where performance is impossible because of "force majeure." This will apply even if there is no specific clause in the agreement. In such situations, the law recognises that a party cannot reasonably be expected to fulfil an obligation that can no longer be performed in reality. In bilateral agreements, if an event totally ceases performance, each party may no longer have to do what they agreed to, and the contract may come to an end automatically. The idea also applies when something becomes partially or temporarily impossible, except for that part of the contractual duty, the rest of the agreement remains valid for both parties. The theory can also be used as a defense against liability if the party that was supposed to be responsible can show that the failure to perform was caused by things that were out of their control. The Force Majeure clause does not automatically release parties from obligations, its application depends on legal conditions and factual circumstances. To apply, the event must be unforeseeable at the time the contract was concluded, unavoidable despite reasonable efforts to mitigate its impact, and must render the performance of the contractual obligation objectively impossible rather than merely difficult, costly, or inconvenient. The concept of exceptional circumstances, which is sometimes called hardship, is different from force majeure. This idea is used when performance is still technically possible but too hard to do because of unexpected public events. In cases where unforeseen events do not prevent performance but make the obligation excessively burdensome, relief may be sought under Article 249 of the Civil Code. Instead of terminating the contract, the law allows judges or arbitral tribunals to step in and make things fair between the parties to maintain the balance of the contract. So, the difference between these two doctrines is very important, force majeure deals with situations where something really can't happen, while the doctrine of exceptional circumstances tries to ease extreme suffering without ending the contract. Application of Force Majeure Clause in Form F Real Estate Agreements The Dubai Land Department (DLD) issues Form F, also known as the Unified Sale Agreement or MOU, as the standard contract that documents the mutually agreed-upon terms between the buyer and seller in a property transaction. It includes the purchase price, the security deposit (10% in most cases), the completion date, the broker's commission, and the obligations of both parties prior to the transfer. If a force majeure event occurs in Dubai real estate practice, the parties may be excused from fulfilling the terms of the contract, and the contract may be terminated without penalty. However, Form F in Dubai real estate does not always include a comprehensive force majeure clause in most of the transactions. Regardless of its absence, the UAE Civil Code principles continue to be applicable. Therefore, the courts may continue to assess force majeure clause in accordance with civil law principles. The concept of force majeure is strictly interpreted by the courts. If a party violates the Dubai property Form F contract, the resulting legal ramifications will depend on the specific party at fault. In instances where the buyer fails to fulfil the transaction, the vendor may have the right to retain the 10% deposit made at the agreement's inception. Conversely, if the seller defaults and refuses to finalize the property transfer, the buyer may be entitled to either compensation or the return of the deposit, potentially with additional damages contingent upon the circumstances. Nevertheless, if a party can successfully demonstrate that the non-performance stemmed from a force majeure event, this may function as a legal defense, thereby absolving the party of any liability associated with the said breach. When a dispute arises, and one party claims a force majeure clause or refuses to perform contractual obligations, the first step is to carefully review the Form F contract, particularly the wording of force majeure and other relevant clauses, the agreed-upon completion date, and any penalty provisions. The affected party may issue a formal legal notice requesting the completion of the transaction or the termination of the agreement, and, if applicable, the return of the deposit, if the issue remains unresolved. If the situation remains unresolved, a complaint can be lodged with the UAE courts. The court will then determine if the circumstances meet the criteria for force majeure. They'll also consider whether the event genuinely hindered the transfer of the property and, consequently, whether the deposit should be returned or managed in accordance with applicable legal guidelines. Conclusion: Evaluating ‘Force Majeure’ Clause When UAE courts apply the concept of force majeure, they are very careful and go no further than the law allows. To validate a claim, the party making it must demonstrate a clear connection between the unexpected event and their inability to fulfil the contract. The event must go beyond being merely inconvenient or expensive; it must clearly make performance impossible. Loss of income or higher costs are usually not enough on their own. Courts also consider whether the event was beyond the parties' control and not something they could reasonably have expected. Situations such as transport disruptions, airspace closures, or trade restrictions may qualify if they genuinely prevent contractual performance. In order to invoke the force majeure clause in the UAE, the party must also establish that the unforeseen event was the direct and exclusive cause of the breach. It also needs to show that all reasonable steps were taken to lessen the effects of the event, that the party acted in good faith, and that they properly told the other party according to the deadlines agreed upon. When evaluating a force majeure clause in the UAE law, several key factors must be examined. The clause's scope must be analyzed to ascertain if the enumerated events adequately encompass disruptions resulting from geopolitical instability or unforeseen circumstances. A thorough examination of the procedural requirements for invoking the provision is essential, encompassing the notice deadline and any associated responsibilities. Furthermore, a comprehensive review of the entire contractual framework is warranted, with particular attention to the governing law and dispute resolution clauses, given their influence on the interpretation and enforcement of the force majeure provision. Author: Awatif Al Khouri
21 April 2026
Property Law

AN OVERVIEW OF CONSTRUCTION DISPUTES IN THE UAE

INTRODUCTION The United Arab Emirates has established itself as a top destination for ambitious construction and real estate development because it keeps investing in infrastructure, tourism, and mixed-use developments. This also made it more likely that there would be problems during the project's duration. Disagreements about construction in the UAE often happen because of vague contract terms, project delays, changes to the scope of work, payment disputes, and the difficulties of dealing with many different parties. Given the technical and commercial complexity of these projects, disputes are rarely straightforward. In light of this, effective dispute management requires legal expertise and a practical understanding of construction works and practices LEGAL FRAMEWORK OF CONSTRUCTION DISPUTES 1. Civil Law UAE’s legal framework for construction is transitioning from the Federal Law No.5 of 1985 Concerning the Civil Transactions Law to the Federal Decree-Law No. 25 of 2025, which comes into force on June 1, 2026. Both laws regulate construction via "Muqawala" in Old Law or "Contracts for Work," in New Law, but the New Law adds more detailed responsibilities and judicial powers to ensure fairness in contracts. Under the Old Law, a Muqawala contract says that one party must do work in exchange for money from the employer and the contractor is usually responsible for any losses that happen because of their work. The New Law keeps this basic concept but changes the words to "Contract for Work" between a "contractor" and a "client." One of the differences in the New Law is the contractor's duty to disclose the truth. The Old Law says that contractors must follow technical requirements while using materials provided by the employer. New Law, on the other hand, says that the contractor has the duty to disclose the client right away if they find any problems with the materials or any other issues. If the contractor doesn't give such notification, they are responsible for all the problems that come up. The New Law gives the client stronger options for dealing with performance breaches. Under Article 818, a client can issue a notice to remedy a breach if a contractor's work is defective. The New Law significantly strengthens the client's position by explicitly allowing them to hire a third-party contractor to finish or fix the defective work, with the original contractor covering the costs, if the contractor doesn't respond to a request for repairs. Furthermore, the New Law includes a provision for contractual equilibrium. This allows courts to adjust payments or extend deadlines if unexpected and unforeseeable events significantly disrupt the contracts. Decennial Liability Under the Old Law, specifically Articles 880 to 883, contractors and architects are held jointly liable for a period of 10 years for the total or partial collapse of buildings or any defect threatening structural stability or safety, upon delivery of the work. Any agreement attempting to exempt or limit this liability is void. Legal claims must be filed within three years of either the building's failure or the moment the flaw is found. The New Law largely preserves this 10-year decennial liability framework under Articles 821 to 824, but clarifies the joint and several nature of the obligation between the contractor and the engineer (the term now used instead of architect). It says that this liability still stands even if the collapse was caused by a defect in the ground or if the employer gave permission for the work to be done incorrectly. The New Law also preserves the rule that any provision attempting to exclude or limit this liability is void. The three-year limitation period to bring an action following a collapse or discovery remains unchanged. The Limitation Period Both laws stipulate a three-year limitation period for certain defined types of legal actions. Although the standard limitation period for civil claims generally extends to 15 years, a 3-year rule applies to construction projects involving the collapse of buildings or major safety defects. Contractors and engineers are responsible for structural integrity for 10 years. As a result, any claim for compensation based on this responsibility has to be made within three years of the collapse or finding. Beyond the decennial liability and limitation periods, several other critical provisions govern construction disputes in the UAE. Contractual Equilibrium One of the most essential things that might cause problems on construction sites is changing the price and time. Under the Old Law, contractors who had a lump sum contract usually couldn't ask for additional funds because of rising costs of materials or labor. This was only possible if the employer agreed to adjustments under Article 887(1). However, the New Law introduces a "contractual equilibrium" clause (Article 829). This clause allows the court to change the payment or give the parties more time to conclude the contract if something happens that they didn't expect and that has significant impacts on the contract's financial basis. The objective is to find a balance between the interests of both parties. Right of Retention and Subcontracting Construction disputes often involve a contractor withholding the work due to non-payment. Both frameworks permit a contractor to exercise a right of retention over property where their work has produced a beneficial effect, allowing them to keep the item until the agreed consideration is paid under Article 879 (Old Law) and Article 820 (New Law). Regarding subcontractors, the general rule remains consistent, a main contractor may delegate work unless prohibited by contract or the work’s nature requires personal performance. Crucially, a subcontractor has no direct claim against the employer for payment unless the main contractor has formally assigned that right to them. Priority Rights (Lien for Payments) For construction disputes involving insolvency or non-payment, both laws provide contractors and architects (engineers) with a special priority right (privilege). This right is connected to the buildings or structures that were built or repaired, but only to the extent that their work increased the property's value. To be valid against other parties, this right must be registered in the land registry, and its priority is determined by the date of registration. When the law doesn't directly deal with a certain construction issue, UAE courts follow an arrangement of sources. The Old Law says that Sharia comes first, then custom. The New Law makes this clearer by adding a last step, if there is no rule in Sharia or tradition, the court will determine based on natural law and the norms of justice. 2. Dubai Law No. 7 of 2025 concerning the Regulation of Contracting Activities The law was published in the official Gazette on July 8, 2025 and came into force on January 8, 2026, sets up a complete legal system to control contracts in the Dubai Emirate. The law's primary objectives are to advance the contracting sector, ensure the proper execution of projects according to urban planning standards, and establish clear foundations for the classification of contractors. Under Article 4, the scope of this law is expansive, applying to all contractors and contracting activities throughout Dubai, including special development zones, free zones, and the Dubai International Financial Centre (DIFC). Contractors' responsibilities are specified in Article 15, mandating adherence to building, safety, and environmental regulations, while also prohibiting the execution of "sham projects" designed for unlawful profit. Article 22 stipulates administrative penalties for those who violate the rules with fines of 1,000 to 100,000 AED (which can be doubled for repeated violations), having suspension of their activity, or having their classification lowered. Finally, Article 26 sets a time limit for correcting a status. All contractors who are now working must follow the rules of the law within a year of it being passed. Given the law becomes effective six months after its July 2025 publication (January 2026), contractors have until January 2027 to finalize their registration and classification. 3. FIDIC CONTRACTS In the UAE construction industry, FIDIC contracts are very common, especially for large and complicated projects. This is because they provide a clear way to define roles, responsibilities, and how risks are shared among everyone involved in the project. Standard forms such as the Red, Yellow, and Silver Books are commonly adopted, but they are often tailored through particular conditions to reflect local legal requirements and commercial practices, sometimes altering the intended balance of risk. In these contracts, the importance of proper contract administration is underscored, which includes the function of the Engineer, strict notice provisions, and structured processes for managing variations and claims. As a result, it is essential that everyone involved has a good understanding of how FIDIC works in the UAE, both practically and legally. DISPUTE RESOLUTION There are many ways to settle disputes in the United Arab Emirates, and the parties can choose the one that works best for them. Mediation and negotiation Mediation and negotiation are informal, voluntary ways to settle disagreements that do not involve court. In negotiation, the two parties negotiate with each other directly, but in mediation, a neutral third person helps them reach a solution that works for both sides. These ways are cheaper, more private, and faster than other alternatives. Arbitration Arbitration is the preferred method for resolving disputes within the UAE's construction sector. The UAE Arbitration Law (Federal Law No. 6 of 2018, amended by Federal Decree Law No. 15 of 2023) provides the legal framework. This approach offers a private and adaptable setting, allowing parties to select arbitrators possessing the requisite technical expertise to adjudicate the dispute. Litigation Litigation involves resolving disputes through the UAE judicial system, particularly when arbitration has not been agreed upon. Litigation is a strong way to enforce the law, although it is usually more formal and takes longer than other ways to settle disputes. Dispute Adjudication Boards and Expert Determination Dispute Adjudication Boards or DABs, are designed to address the inevitable disagreements that crop up during a project's life. DABs are made up of neutral specialists who arrive at decisions or suggestions which helps keep disagreements from getting worse. Expert determination is a means to settle technical or financial issues by employing an outside expert when specific knowledge is required. CONCLUSION The UAE has a well-established legal and institutional setup to handle these issues. This framework provides several avenues for resolving disputes, such as court proceedings, arbitration, and other alternative methods. Therefore, choosing the best route is crucial for preserving business ties, avoiding unnecessary hold-ups, and getting results quickly and affordably. Author: Awatif Al Khouri
21 April 2026
Family Law

A Complete Guide for Expats on Non-Muslim Civil Marriage in the UAE

For many expat couples in the UAE, getting married is now not only a religious or cultural choice, but also a legal one. By allowing non-Muslim civil marriage, the UAE has made it possible for expats to get married without having to follow religious rules. If you're getting married, are already married abroad, or are just thinking ahead about legal protection, it's important to know about civil marriage. This is especially true if you ever need help from Divorce Lawyers again. This article talks about civil marriage for people who aren't Muslim, who can apply for it, how it works, and why it's important for expats living in the UAE. What does it mean to have a non-Muslim civil marriage in the UAE? A non-Muslim civil marriage is a marriage that is legal and follows civil law instead of religious law. A civil marriage doesn't need a religious ceremony or a guardian (wali), unlike a religious marriage. The process is based on a contract, is open to everyone, and is based on both parties' free will. For example, getting married in a civil ceremony is like starting a business instead of joining a club. It is a legal contract that the state recognizes and is meant to make things clear, safe, and legally protected. Who is allowed to get married in the UAE? Non-Muslim couples, including expatriates from any country, can get married in the UAE. Couples who live in the UAE and those who come to the country just to get married can both use it. There are a few things that need to happen for someone to be eligible: both people must be at least 18 years old, they must both agree to the terms freely and without pressure, and they must not be closely related by family. This choice has become very popular with mixed-nationality couples, professionals, and expats who want the law to be clear and consistent in different places. Where Can You Sign Up for a Civil Marriage? Civil family courts are now in charge of registering civil marriages. Abu Dhabi was the first emirate to set up this system. A civil marriage certificate is valid all over the UAE once it is issued. Many couples who live outside of the UAE choose Abu Dhabi because the process is easy, they can apply online, and they get their marriage certificates quickly. Interesting fact: Since the law went into effect, thousands of civil marriages have been registered, showing that there is a lot of demand from expats. A Step-by-Step Guide to the Civil Marriage Process Here's a simple breakdown: 1.) Application Online Send in the application along with copies of your passport and basic information. 2.) Review by the Court The civil court checks to see if someone is eligible and has given their permission. 3.) Marriage Agreement The couple signs a civil marriage contract, and in some cases, no witnesses are needed. 4.) Marriage Certificate Given The certificate is legal in the UAE and can be made legal for use in other countries. Tip: A lot of couples talk to divorce lawyers before they get married to learn how civil marriage will affect property, custody, and divorce later. Does the UAE allow civil marriage? Yes, most of the time. But whether a civil marriage certificate is accepted outside the UAE depends on the laws of the country where you want to use it. You might need the following to use a UAE civil marriage certificate in another country: Apostille or proof Recognition by the right embassy or consulate Real-life example: A couple from Europe gets married in Abu Dhabi under civil law. They then make the marriage certificate legal so they can use it back home for things like visas, taxes, or inheritance.   The main differences between civil marriage and religious marriage: Civil Marriage Governed by civil law No religious ceremony is needed Rights for both spouses that are not based on gender Divorce rules that are clear and the same for everyone Religious Marriage Governed by religious law Ceremonies of a religious nature are necessary The religion that applies decides rights. The rules for divorce are different for each religion. Divorce lawyers often tell couples who live abroad that this difference is even more important if the marriage ends later. What Happens When a Civil Marriage Ends? When a civil marriage ends, civil personal status law, not Sharia law, is what matters. In practice, this often makes it possible to get a no-fault divorce, makes the process easier, and treats both spouses equally. A lot of expats, especially those from Europe, North America, or other civil-law countries, are used to and can count on this way of doing things. It's a good idea to talk to divorce lawyers early on if you're thinking about getting a civil marriage. This way, you'll know how civil law would handle things like divorce, child custody, and dividing up property. Children, Custody, and Getting Married in a Civil Ceremony Getting married in a civil ceremony does not get rid of parental duties. In any case that has to do with kids, the courts look at what is best for the child and what kind of stable living arrangements they need. You still have to pay child support, and issues of custody and guardianship are handled by civil personal status law instead of religious rules. Why civil marriage is important even if you're already married A lot of couples think they only need legal help when things go wrong, but it's usually better to plan ahead. Civil marriage can be good because it protects both spouses equally, makes it easier to figure out which laws apply, and makes it easier to deal with divorce lawyers in the future if legal issues come up. Final Thoughts  Non-Muslim civil marriage in the UAE is a big step forward for expats and couples who want clear laws and fair treatment. It offers a modern option for people who don't want to get married according to religious law, and it sets up a clear legal framework for things like divorce, child custody, and inheritance in the future. If you know how civil marriage works and how divorce lawyers deal with these issues, you can make smart choices whether you are getting married, are already married, or are just planning ahead. Soft Legal Disclaimer This article is for general informational purposes only and does not constitute legal advice. Laws and procedures may vary depending on individual circumstances and emirate. For tailored guidance, consult qualified Divorce Lawyers in the UAE. Author: Awatif Al Khouri
21 April 2026
Family Law

Divorce Lawyer in Dubai: The Complete Guide for UAE Residents (Married Couples)

A Full Guide for UAE Residents on Divorce Lawyers in Dubai (For Married Couples) The process of divorce can be akin to the act of replacing the engine of a vehicle that is already in motion; it is challenging, emotional, and full of steps you didn't plan for. This easy-to-read guide will help you and your spouse in the UAE to understand when you need a divorce lawyer and what that lawyer does. It includes essential instances for securing legal aid, pragmatic advice for protecting your children and funds, precise information, and authentic examples that can be utilized during calm family discussions. Quick Information You Need To Know In the UAE, the first official step in a divorce case is usually to register at the Family Guidance Section. Before moving forward, courts often require reconciliation or conciliation sessions. Dubai's statistics authority has released divorce rates for Emiratis in Dubai. For 2022–2023, the rate is about 1.9–2.0 per 1,000 people who are married. The UAE now has more than one legal way to handle family matters. For Muslims, there is Muslim personal-status law (Federal Decree Law No. 41 of 2024), and for non-Muslims (Federal Decree Law No. 41 of 2022), there are different rules. The rules that apply depend on the couple's personal status and choices. The rules for child custody and guardianship have been changed, and courts usually act in the "best interest of the child," taking into account the child's age and well-being. Recent studies sum up those changes in custody. When to Hire a Divorce Lawyer When you need help with the paperwork and the official process A lawyer can help you register your divorce case with the Family Guidance Section, get the paperwork ready, and help you through the steps you have to take to try to get back together. This cuts down on delays and mistakes when filing. If the divorce is contested (there are disagreements about money, custody, or property) When parents fight over their kids or spouses fight over money or property, a contested divorce can take a long time and be very stressful. A lawyer negotiates, goes to hearings with you, and, if necessary, files motions to protect your assets or asks for emergency measures. Cross borders (like an expat spouse or foreign assets) It gets more complicated when one or both spouses are expatriates or own property outside of the UAE. Lawyers work with lawyers in other countries to make sure that custody, maintenance, and asset division can be enforced across borders. If there are kids, guardianship, or money involved Child custody, visitation, guardianship, and maintenance (alimony/child support) are typically the most contentious matters. The courts look out for the child's best interests, and family lawyers who know what they're doing can help you make parenting plans and gather financial evidence to support a fair outcome. As per Article 123, the custody ends when child attains 18 years of age; however, the child can choose to reside with either of the parents upon attaining 15 years of age. If you think someone is committing fraud or coercion, or you need to protect your assets, If you think someone is hiding money, forging signatures, or trying to move assets, you may need to take legal action right away. A lawyer can get emergency court orders to freeze assets and keep evidence safe. Simple comparisons to help you understand how it works Two people sharing a moving checklist and packing together is faster if they both agree to get a divorce. Contested divorce means that two people are packing for different places and arguing over which boxes belong to whom. This takes longer and needs mediators like lawyers and courts. Family Guidance (conciliation) is like having a neutral mechanic check your engine before you decide to replace it. Timelines: What married couples can really expect If the paperwork, agreements, and reconciliation are simple, a mutual or uncontested divorce can be finished in a few weeks to a few months. Contested divorces can take anywhere from a few months to more than a year, depending on things like custody disputes, complicated assets, and appeals. Plan for changes and make sure to include them in your plans. A quick list of useful tips for married couples Start with your passports, marriage certificate (notarized), children's birth certificates, bank statements, and property/title documents. Think about mediation. It can be faster, cheaper, and better for kids when it works. Family Guidance units in the UAE help people get back together. Protect urgent needs right away: if kids' safety is at risk or property is being taken, call your lawyer right away. There are emergency orders. Be honest about assets that are in more than one country. Not doing so will slow down cases and could get you in trouble with the law. Keep the conversation calm, and when you can, use simple examples to help the other person understand what you're saying. Conclusion A divorce lawyer is not just for when things go wrong for married couples in Dubai and the rest of the UAE. They are your map, translator, and negotiator when things get complicated, emotional, or cross-border. If your case involves disagreement, children, property, foreign assets, or urgent safety or asset risks, you should talk to a family lawyer right away. Good legal help keeps your kids, your money, and your future safe, and it can also help you get through a tough time more easily. Author: Awatif Al Khouri
21 April 2026
Family Law

Can a Mother Lose Child Custody in the UAE? A Practical Guide

Moving to or living in the UAE as an expat brings many opportunities, but when family life hits a rocky patch, the legal system can feel like a maze. For many mothers, the loudest fear is: "Could I actually lose my children?" The short answer is that while the law generally recognizes the mother as the natural "custodian" (the one who provides day-to-day care), that right isn't absolute. UAE law is built on a "risk-based" assessment of what is best for the child. If you are navigating a separation, understanding these risks is the first step to protecting your family’s future. The Difference Between Custody and Guardianship To understand child custody in the UAE, you first have to understand that the law splits parenting into two roles: The Custodian (Usually the Mother): This person handles the daily life of the child, meals, sleep schedules, schooling, and emotional support. The Guardian (Usually the Father): This person is the legal protector. They handle the "big picture," like signing for passports, managing finances, and approving which school the child attends. Problems usually arise when these two roles clash, or when one parent argues that the other is no longer fit for their role. When Does a Mother Face the Risk of Losing Custody? Under the Personal Status Law and the Civil Personal Status, the court's only priority is the "Best Interest of the Child." However, there are specific "red flags" that can lead a judge to transfer custody to the father or another relative. Remarriage This is a typical source of worry. Traditionally, a mother may lose custody if she remarries a man who is not a "Mahram" (a close relative) to the child. Nonetheless, UAE courts today are far more accommodating, particularly in recent years. You have a good chance of retaining custody if you can demonstrate that your new husband is supportive and that keeping the child with you is more stable than moving them. Mental and Physical Well-Being A custodian needs to be "fit" to give care. The court may intervene if a mother is unable to care for the child due to a contagious illness or a severe, untreated mental illness. This is why maintaining a stable, healthy environment is your best legal defense. Moral Conduct and Lifestyle The UAE is a society that values its cultural and religious heritage. If a mother’s lifestyle is proven to be "detrimental" to the child, such as issues with substance abuse, a criminal record, or behavior that is publicly scandalous, it creates a significant legal risk. Relocation Without Consent You cannot simply pack up and move to another country (or even a distant city) with the child without the father's permission or a court order. Doing so can be seen as "abducting" the child from the guardian’s supervision, which is one of the fastest ways to lose custodial rights. Navigating the Legal Landscape Because every family situation is unique, you cannot rely on "one-size-fits-all" advice. This is where the guidance of a seasoned professional becomes life-changing. Mrs. Awatif Al Khouri is a prominent figure in the UAE legal community, known for her empathetic yet sharp approach to family law. When facing a custody battle, having someone like Mrs. Awatif Al Khouri on your side ensures that your side of the story isn't just told, but is framed within the specific nuances of UAE law. Whether you are a local, national, or an expat, she helps parents navigate the high-stakes environment of the family courts, turning a high-risk situation into a manageable one. Finding the best family law attorney means looking for someone who understands that these aren't just "cases," they are lives. Working with a highly rated family lawyer in the UAE helps you document your fitness as a parent so that the "best interests" of your child are clearly visible to the judge. We are seeing the continued impact of laws that favor joint custody for non-Muslim expats. This means the law starts with the assumption that both parents should be equally involved. For Muslim families, maternal custody often lasts until the child reaches 18, rather than the old "cutoff" ages of 11 or 13, provided the mother remains fit for the role. Conclusion If you are worried about your status as a mother, take these practical steps: Stay Involved: Be the primary point of contact for the school and the doctor. Additionally, document this involvement. Keep Communication Professional: Even if the relationship with your ex is high-conflict, keep your texts and emails focused on the child. These can be used as evidence of your temperament. Instead of waiting for a court summons, get legal advice as soon as you can. When things start to get confusing, talk to a highly rated family lawyer in the UAE. Losing child custody is a scary thought, but the legal system in the United Arab Emirates is getting better at placing children with the parent who can give them the most stable and loving home. You can protect your child's future by knowing the risks and taking steps to avoid them. Author: Awatif Al Khouri
21 April 2026
Family Law

When Do You Need a Child Custody Lawyer in the UAE?—Guide for Parents

When Do You Need a Child Custody Lawyer in the UAE? Important Things Every Parent Should Know To raise kids well, you need a strong base, clear plans, and builders you can trust, just like when you build a house. When a family breaks up or has legal problems, that foundation needs legal support. This guide will help you know when it's time to hire a child custody lawyer if you're a married couple in the UAE and are worried about what might happen to your kids if you separate, move, or disagree. We'll explain the law, give you examples from real life, and use simple analogies to help you make smart, calm choices about your kids' future. What UAE law says about custody and how it has changed In the past, when Muslims were in charge of the law, the mother usually had physical "custody" of the children, while the father had guardianship (making decisions about education, travel, etc.). Boys stayed with their mother until they were 11, and girls stayed with their mother until they were 13. As per the latest amended law, Federal Decree 41/2024, on the Issuance of Personal Status Law, the mother can retain the custody of the child till 18 years of age; also, upon attaining the age of 15, the child can choose to reside with either parent. For non-Muslims, as per Federal Decree-Law No. 41/2022 on Civil Personal Status, custody laws have changed. Joint custody until the child turns 18 is now the norm, which means that both parents are equally responsible for raising the child, and the child, who is 15 or older, can choose which parent to live with, as long as the court agrees that it's in the child's best interest. When Do You Need a Child Custody Lawyer in the UAE? Custody issues are especially hard for expatriate families with property in more than one country, kids born abroad, or who travel internationally a lot. This is because differences in jurisdiction, enforcement, and guardianship laws can create long-term legal risks. A lawyer can help make sure that custody arrangements follow UAE law while also taking international factors into account. If parents can't agree on where their child should live, when they should visit, or who should make important decisions about their education, healthcare, or travel, they should get a lawyer. A lawyer can present your case, gather evidence, and work to find a solution that is best for the child, either through negotiation or court proceedings if necessary. If there are worries about a parent's ability to care for their child, neglect, abuse, or the possibility of moving the child outside of the UAE, without permission, a lawyer can take immediate legal action to protect the child. This could include supervised visitation or travel restrictions. Also, when a child turns 15 or older and may have a preference for who they want to live with under UAE law, a lawyer can help with the legal and emotional issues that come up at this time, as well as make a formal case if a parent thinks the child's preference may not be in their best interest as they get closer to adulthood. Using real-life examples to explain custody and legal help Without a lawyer, a custody agreement is just a verbal promise between builders. The house can be built, but if a wall cracks later, there is no warranty. A custody agreement with a lawyer is like a signed blueprint and warranty. If something goes wrong, you have proof to back up your rights. When parents don't agree and don't use a mediator, it's like two chefs cooking in the same kitchen without a shared recipe. Things can get messy. A lawyer is like the head chef who makes sure that everything is ready for one meal. What parents should know about custody law under the new rules Key Aspect What It Means for You The child's choice at 15 When a child turns 15, they can choose which parent to live with, but the court still checks to see if it's in their best interest. Custody ends when a child turns 18, unless they have special needs. The child is an adult after they turn 18. Custody ends, but support or guardianship may still be needed. Guardianship vs. Custody Custody is about taking care of someone physically, while guardianship is about making decisions for them (like where they go to school, how they travel, and how they spend their money). If the law allows, they can go to different parents. What parents should do right now: Talk about custody early on, not just when you get divorced. Written agreements, like a will or family agreement, can help even couples with stable marriages, especially if they live abroad. Keep important papers on hand, like birth certificates, passports, proof of residence, school records, proof of a parent's income or housing, and so on. These can help if there are custody problems. If you think you might have to travel or move for work, tell a lawyer. Get custody or guardianship clauses that let you travel or visit regularly while still respecting both parents' rights. If both parents work, think about making a clear schedule for joint custody. The court is more likely to see both parents as capable if they work together well and are stable. Don't wait when your child's safety is at risk. If you think the child might be in danger (because of neglect or an unstable environment), talk to a lawyer right away. The law lets the court order protection or supervised supervision if necessary. Conclusion Child custody in the UAE is now fairer and more adaptable, but that adaptability also makes things more complicated. If parents are going through a divorce, moving, or fighting, or if they just want to make sure their kids have a good future, hiring a child custody lawyer is more than just an option; it's often necessary. A lawyer can help you turn informal promises into legally binding contracts, which protects your children's rights, well-being, and stability, whether you're deciding to separate, getting ready for court, or just making plans for the unexpected. Talk to your spouse, get the papers you need, and, if you need to, talk to a family-law lawyer you trust. A strong, well-built foundation is the only thing that will do for your children's health. Need Expert Legal Advice? Speak with Awatif Mohammad Shoqi Advocates & Legal Consultancy Today. Family matters require both legal expertise and sensitivity. We guide you through complex issues with clarity and care. Speak to our family lawyers today—call or WhatsApp us confidentially. Author: Awatif Al Khouri
21 April 2026
Family Law

Rewriting the Child's Custody Norms in the UAE

Introduction The UAE’s legal landscape for personal status law is going through a considerable transformation with the passage of Federal Decree Law No. 41 of 2024, which took effect on 15 April 2025, superseding the previous Federal Decree Law No. 28 of 2005 and introducing substantial changes to child custody, among other areas. The traditional gender-based custody responsibilities are thus shifted with a system focused on parental equality and the best interests of the child. The Personal Status Law is fundamentally based on traditional Sharia principles; however, the recent amendments take into account changing societal norms. Unification of Custodial Age The most significant shift is the consolidation and expansion of the age at which custody ends, eliminating the prior gender-based discrimination, as clearly stipulated by Article 123(1). Under the old law, Article 156(1) provides that the mother’s right to custody ends when a boy reaches 11 years of age and a girl reaches 13 years of age. Custody and guardianship of a child are two different concepts under the law. Custody refers to the "care, upbringing, and protection of the child" and to a child's daily needs. However, guardianship means general supervision over the minor’s personal and legal affairs, together with the care of the minor’s property without affecting the custodian's rights. Hence, guardianship is divided into guardianship over the minor and guardianship over the minor's property. Generally, custody is the responsibility of the parents as long as the marriage is intact, however, if the marriage ends, custody first belongs to the mother, then to the father, then to the maternal grandmother, and then to the paternal grandmother. However, the court may deviate from this order in the child’s best interests. The new legislation provides a uniform limit for all children, thereby providing stability for children throughout their minority period. In addition, the new law introduces a provision granting a child autonomy at 15, meaning a child has the right to choose which parent to live with. Article 122 is a major procedural update as compared to the previous legislation. Upon reaching 15 years of age, a child now has the legal right to choose which parent to reside with. However, the court's decision serves as the final authority, ensuring it corresponds with the child's best interests. The court will respect the choice made by the child unless the court determines that the child’s best interest requires a different arrangement. Expanded Rights for Non-Muslim Mothers The religion of the custodian was a strict barrier to long-term custody of the child. Article 145 of the old law mandated that if a mother followed a different religion from that of the child, particularly in cases involving a non-Muslim mother, her custodial rights were limited until the child attained the age of five. The court maintained limited jurisdiction to grant exceptions, but this discretion was significantly restricted by the established age threshold, which mandated that the period of fosterage ends upon the child's reaching the age of five, regardless of the child’s best interests. The removal of the age cutoff can be seen in the new law. Article 113(8) requires a custodian to share the child’s religion but provides a specific exception: if the mother follows a different religion (Non-Muslim), the court may decide to maintain custody if it is in the child's best interests, under conditions determined by the court. In contrast to earlier frameworks, there is no stipulation for the compulsory termination of custody at the age of five, potentially allowing non-Muslims to maintain custody until the child reaches 18. Promotion of Parental Equality The new legislation signifies advancements in parental equality. A major shift is the distribution of educational responsibilities between the parents. While the father or legal guardian often maintains primary responsibility over the child's upbringing and discipline, Article 112(3) stipulates that the custodial mother acts as the educational guardian, thereby granting her authority over school management. This confers upon her the legal ability to manage school-related affairs, including enrollment and academic decisions, as long as these decisions serve the child's best interests. If any conflict arises on this matter, this will be resolved by a Magistrate of summary justice. Likewise, Article 117(3) explicitly empowers the female custodian to keep the child’s original birth certificate and identity documents.It is also worth noting that Article 121(1) of the new law expands the non-custodial parent's visitation rights. Under the prior framework, Article 154 pertained the right to visit and be visited; however, the new provision goes further by specifically mentioning the non-custodial parent’s right to overnight stays and to take the child out, thereby promoting a more sustained relationship with both parents. Comprehending the "Best Interest of the Child" The best interest standard is the decisive factor in custody cases. The "best interest of the child" is a fundamental legal criterion standard asserting that a child's well-being should always come first in all legal and social decisions. The “best interests of the child” as defined by the Federal Law on Child's Rights (Wadeema’s Law) in Article 1 is as ‘placing the interests of the child above everything else and having priority and preferences in all circumstances, regardless of the interests of other parties’. This shall have priority in all the decisions and actions taken in his/her regard. Conclusion The change from the Personal Status statute 2005 to the 2024 statute is more than just changing the existing thresholds. The nation's legal custody framework has undergone significant transformation. The 2024 Personal Status Law prioritises the child's needs over traditional hierarchies. This will enhance the stability of the child's family and provide them with a stable environment by eliminating historical gender-based disparities and standardising the age at which custody terminates. Equally significant is the child’s right to choose their resident parent at age 15. Also, it is worth noting that the shift to a Gregorian calendar for time calculation under Article 2 reflects the commitment to modernising family justice. The 2024 law cements the nation’s commitment to a modern, dynamic and welfare-centric legal framework. Author: Awatif Al Khouri
21 April 2026
Family Law

Overview of Choice of Law in UAE Personal Status Cases

Introduction The legislative framework in the UAE that regulates family and personal status matters has undergone a substantial transformation, transitioning to a more sophisticated and inclusive system. This transformation is anchored by the enactment of Federal Decree Law No. 41 of 2024, that abrogates and replaces Federal Law No. 28 of 2005. This modernization initiative is intended to meet the requirements of the UAE's notably diverse population and making sure it follows international standards. Federal Decree-Law No. 41 of 2022 on Civil Personal Status, which provides non-Muslims with a civil path, and the pioneering Abu Dhabi Law No. 14 of 2021, which provides a progressive and flexible judicial system that is specifically tailored to the foreigner’s culture and customs, are all examples of specialized laws. These laws collectively make the UAE a globally competitive destination. Choice of Law under the Personal Status Law (Federal Decree-Law 41 of 2024) The 2024 enactment is the main set of rules for personal status issues in the UAE when either or both parties are Muslim. While it functions as the default law for many residents, the law provides a sophisticated "opt-out" mechanism for the nation’s large expatriate community. As per Article 1(3), non-nationals are legally entitled to insist on the application of their "own law" or any other "law agreed upon for application," provided that this choice is permissible under the state's applicable law. This ensures that the UAE’s diverse population can maintain legal continuity with their home countries. Both the new law (2024) and the previous law (Federal Law 28 of 2005), provide frameworks that give a pathway for expatriates to opt out of the UAE’s default personal status provisions. The new law explicitly introduces the concept of mutual agreement on a specific law, whereas the old law focused more narrowly on the ‘law of their country’ (nationality). However, the new law adds a critical caveat, i.e., such an application must be "permitted by the applicable legislation in the State". The rules governing which court hears a case remain largely consistent, focusing on the defendant's physical presence in the UAE. The old law under Article 5 says that the UAE courts had jurisdiction over personal status litigation if the alien defendant had domicile, residence, or place of business in the State. This is mirrored in the new law under Article 3(1), which grants State courts competence over lawsuits brought against foreigners who have a domicile, place of residence, or place of work in the State. Both laws allow UAE courts to hear cases against foreigners who do not reside in the UAE if the lawsuit concerns an opposition to a marriage to be contracted in the UAE or/ the dissolution of a marriage where the wife resides in the UAE and the husband has abandoned her or been deported or/ alimony claims for parents, wives, or minors residing in the UAE. Furthermore, the law allows a foreigner through specialized inheritance provisions, to ensure their will is executed according to the laws of their home country rather than the default UAE provisions, granting foreigners the explicit right to register a Will to dispose of their assets located within the State. The inheritance provisions allows to use their home country law if explicitly requested or a will registered according to those standards. Together, these rules bring the federal framework in line with international standards for legal planning and respect for religion. Choice of Law under the Civil Personal Status Law (Federal Decree-Law 41 of 2022) The 2022 law on Civil Personal Status provides a specialized civil pathway at the federal level specifically for non-Muslim UAE citizens and non-Muslim foreigners residing in the State. Party autonomy is prioritized by this legislation, which permits individuals to determine the legal framework that regulates their family affairs. Article 1(1) says that both sides can insist on their own country's laws about marriage, divorce, inheritance, wills, and establishing parentage. Article 1(2) also gives parties more options by permitting them to mutually agree to apply other personal status laws currently in effect in the UAE instead of this specific Decree-Law. While heirs can typically seek the application of their home country’s inheritance laws, Article 11 (3) stipulates that they cannot do so if there is a registered will to the contrary. If a foreigner dies without a will, the law provides a default civil distribution, one half of the inheritance is allocated to the spouse, while the remaining half is shared equally among children without gender discrimination. However, a registered will allows a foreigner to completely bypass these default rules. Law No. 14 of 2021 On the Civil Marriage The Law No. 14 of 2021 On Civil Marriage and Its Effects (as amended) in Abu Dhabi provides a specialized legal framework designed specifically for non-Muslim foreigners and nationals. This law addresses the complexity of the expatriate experience by offering a "flexible and developed judicial mechanism" that respects international practices and the cultural backgrounds of its diverse population. Article 11 deals with inheritance flexibility. While the default distribution under this law splits an estate equally between a spouse and children, with no gender distinction, Article 11(3) allows heirs to request the application of a different law especially home country law, provided there is no registered will stating otherwise. Article 13(2) allows spouses to register their wills simultaneously with their marriage contract which helps them decide how to divide their money in the future. Article 17 provides for the creation of a dedicated Personal Status Court that offers all procedures in both English and Arabic reducing the language barrier for expatriates. Conclusion Through its comprehensive structure, the UAE continues to strengthen its position as a competitive international business hub.  It also makes the country more appealing to international talent through specialized judicial mechanisms. This system offers broad federal flexibility under Federal Decree-Law No. 41 of 2024 and Federal Decree-Law No. 41 of 2022, which allows non-nationals to have their personal status matters governed by the laws of their home country. Abu Dhabi Law No. 14 of 2021 also included innovative civil safeguards that create a more advanced legal system that respects the culture and customs of foreigners by applying internationally recognized civil principles to them. Central to these reforms is the guarantee of equal rights and responsibilities for men and women, specifically concerning testimony, equal inheritance distribution, and other rights. Through this refined multi-tiered approach, the UAE provides a stable, modern, and predictable legal environment for its diverse population. Author: Awatif Al Khouri
21 April 2026
Civil Law

Flood Damage in the UAE: Understanding Insurance Liability and the Scope of the Force Majeure Defense

Introduction The recent heavy rain and storm conditions seen across the UAE have led to a lot of discussion about insurance coverage and who is legally responsible when property or vehicles are damaged. These events have also shown that insurance disputes are rarely decided by policy wording alone, especially when it is storm damage in the UAE.   Under UAE law, the position is seen from different perspectives. The first is the insurance policy itself, including what it covers and what it excludes. The second is the wider legal framework under the Federal Decree Law No. 5/1985, UAE Civil Transactions Law. In practice, both matter. A claim may appear straightforward on paper, but liability often turns on how the facts, the policy terms, and the Civil Code work together. The Federal Decree Law No. 25/2025, promulgating the Civil Transactions Law, will replace the Federal Decree Law No. 5/1985 on the Civil Transactions Law of the United Arab Emirates State on 1st June 2026.   Legal Framework for Insurance Contracts The legal basis for insurance contracts is found in Article 1026 of the Civil Code. This article says that an insurance contract is an agreement in which the insurer agrees to pay the insured a certain amount of money when a certain risk happens, in return for a premium.   From a legal perspective, a few basic principles shape how these contracts are understood.   First, the policy wording remains the starting point. The scope of cover depends mainly on the terms agreed between the parties, including the insured risks, limits, conditions, and exclusions. Second, courts in the UAE don't just read contracts as they are. They also think about how risky the situation is, what the contract is for, and what both sides thought the policy would cover. Third, the burden of proof is shared in a practical way. The insured must show that the loss falls within the policy cover. If the insurer wishes to reject the claim on the basis of an exclusion, it must establish that claim.   In cases involving rain, storms, or flooding, the answer will usually depend on the type of policy in place. Damage of this kind may fall within comprehensive cover unless the policy clearly removes that risk through a specific exclusion, such as a natural disaster clause or a consequential loss exclusion.   Force Majeure and the Idea of External Cause A key issue in claims related to weather events is whether the event can legally be considered a force majeure, or an external cause that removes liability.       Relevant Civil Code Provisions Article 287 of the Civil Code provides that a person will not be liable for loss if the damage arose from an external cause beyond that person’s control, such as force majeure, a natural event, or the act of a third party. Article 273 deals with the effect of force majeure on contractual obligations. Where performance becomes impossible because of force majeure, the corresponding obligation comes to an end, and the contract may be terminated.   Causation and the Court’s Approach   Although these provisions appear broad, UAE courts do not apply them lightly. For force majeure to relieve a party from liability, the event must be the only real cause of the damage. In other words, it must be the sole, direct, and effective cause.   The argument for force majeure is weakened when damage results from a combination of bad weather and human mistakes. These mistakes can include poor maintenance, delays, carelessness, or a lack of proper safety measures. The same principle applies when the damage could have been reasonably avoided or lessened. Even if the weather was severe, a party may still face liability if the loss was increased by something that should have been anticipated or addressed earlier.   Motor Insurance: Third-Party Liability and Comprehensive Cover For vehicle-related claims, the distinction between third-party liability insurance and comprehensive insurance is essential. Under the UAE regulatory framework, including the Unified Motor Vehicle Insurance Policy, not all rain or flood damage is treated in the same way.   Mandatory third-party liability insurance only covers damage caused to others. It does not cover damage to the insured’s own vehicle. So if a car is damaged by floodwater, a third-party policy will generally not respond. Comprehensive insurance offers wider protection. Depending on the policy wording, it may cover accidental damage caused by rain, storms, or flooding. Even then, the final position still depends on the exact terms of the contract.   Some policies exclude large-scale natural events, catastrophic incidents, or acts of God. There has also been regulatory guidance indicating that rain damage may be covered under standard policies in many cases. However, where authorities formally classify an event as a natural disaster, insurers may rely more heavily on the wording of exclusions, which can affect the outcome of claims.   Property Damage: Building Structure and Contents In property-related disputes, it is also necessary to separate structural damage from damage to personal belongings or movable assets.   The landlord is responsible for the damage to the structure of the buildings involving the roof, walls, foundation, and other essential parts of the building. They are mostly covered by the building’s insurance. The movable property usually owned by the tenant, whether for personal or business purposes, is typically covered by a separate insurance policy.   It's crucial to know the distinction between these two things. Most of the time, insurance just covers the outside of the structure. You need different insurance for your personal and company property. To hold the landlord responsible for damage to movable property, a renter must show that the weather did not cause the loss completely. They need to show that it was caused by a structural collapse that happened before or by the owner's carelessness.   Negligence, Contributory Fault, and Loss of Cover   Even where the starting point appears to favor the insured, recovery may still be refused or reduced if the insured person’s own conduct contributed to the damage. The court's concern is to figure out whether the loss was entirely due to the insured event or if the claimant's actions played a role in the outcome   For instance, think about a time when someone drove into a flooded area even though it was clear that it was dangerous and they were warned. The insurance company might say that the driver was careless in this case, which means that the claim isn't covered.   Another example is when a vehicle, already exposed to water, is started by the owner, which then causes more serious internal damage. In that case, the original water ingress may be one issue, but the later engine damage may be treated differently because it resulted from avoidable conduct.   The same reasoning can apply where reasonable precautions were not taken. If a person leaves a car in a place known to flood, even though they could have parked it elsewhere, this could be used to argue that the insured person contributed to the damage.   Claim Denials and Legal Remedies   If an insurer denies a claim, the policyholder isn't necessarily out of help.   The first step usually involves filing a complaint with the relevant regulatory body. This action can then initiate a formal review of the insurer's position, which might lead to mediation or administrative advice.   If the issue isn't settled, you can go to court. At this point, the court usually looks at the policy's coverage, the facts of the case, the reason for the loss, and any witness that is needed to explain the technical issues. Expert opinions are often very important in insurance disputes about weather-related damage. This is especially true when there are disagreements about the cause of the damage, specifically whether other factors played a role or if the weather was the only cause. Conclusion In the United Arab Emirates, determining insurance liability for natural disasters involves several factors. While the insurance policy's wording is important, the Civil Code's rules about causation, external causes, and contractual obligations also play a significant role. The insured's actions are also important, especially if the facts show that the loss could have been avoided or lessened. For that reason, claims involving rain, floods, or storms need careful legal and factual review. The outcome will usually depend on the exact policy terms, the type of insurance involved, the cause of the damage, and whether any negligence played a part. As these issues arise more often, court decisions will continue to shape how insurance responsibility is understood in the UAE. Author: Awatif Al Khouri
21 April 2026
Criminal Law

What does a criminal lawyer in the UAE do? An Easy Guide for Expats

Introduction It can be scary to deal with a criminal case in the UAE, especially if you don't know much about the country's legal system. The criminal process has strict rules that are very different from those in many other countries. These rules cover everything from police investigations and public prosecution procedures to court hearings and possible punishments. A criminal lawyer is very important because they help people through this process, protect their legal rights, and make sure that the law is applied fairly at every step. This blog talks about what a criminal lawyer in the UAE does, when you need their help, and why getting legal advice in accordance with the Federal Decree Law No. 38/2022. In the UAE, crimes range from small traffic violations to white-collar crimes, cybercrime, assault, theft, and drug-related crimes. In the UAE, aspects of both civil law and Sharia law can apply to personal and criminal cases, and this combination can influence how investigations are conducted and how matters are decided in court. What a criminal lawyer does—main tasks 1) Getting help and advice from a lawyer Criminal lawyers in the UAE can explain your rights to you, help you understand the charges against you, and suggest ways to fight them. 2) Being there for investigations and arrests A criminal lawyer can be with you when the police question you to make sure that everything is done correctly and that your rights are protected. They tell you what to say and what forms to fill out. 3) Being represented in court Criminal lawyers help their clients with things like making deals to plead guilty, going to preliminary hearings, and going to court for trials. 4) Talking things over and reaching an agreement You don't have to go to court for a lot of small things, like getting a traffic ticket, having a fight at work, or getting into an argument online. A lawyer talks to the police to get good results without having to go to court for a long time. 5) Representation in appeals and after the trial If the court finds you guilty, criminal lawyers can help you with appeals, getting your sentence reduced, or getting a pardon. Their role goes beyond courtroom representation, as they also safeguard your legal rights over the long term. When expats really need a lawyer who specializes in criminal law 1) Arrest for a crime they are accused of Getting arrested, even for small crimes, can be stressful and hard to understand. A lawyer makes sure you know your rights, gives you advice on bail, and helps you not make mistakes that could make things worse. 2) Claims of cybercrime The UAE has strict laws against cybercrime, so expats can be charged with a crime for anything they say, post, or leak online. 3) Arguments about money or jobs that require a lot of work Fraud, embezzlement, or not paying debts in business can all lead to criminal cases. Lawyers help you deal with evidence, protect your property, and make deals. 4) Drug- and alcohol-related crimes It is against the law to have or use drugs that are illegal. Even small amounts can get you in trouble with the law. It's important to have a lawyer to lessen the effects. 5) Assault and traffic violations You could be charged with a crime if you drive while drunk, get into an accident, or get into a fight. Lawyers make sure that the defense is done correctly and work with the police and insurance companies when they need to. Easy ways to talk about what a criminal lawyer does If you don't have a lawyer, you could lose time, money, or freedom if you make a mistake. A lawyer is like a map, a translator, and a guide all in one. They make sure you get to the right station quickly and safely. Negotiation or settlement is like getting a third party to help you work out a disagreement before it turns into a fight that costs a lot of money. Helpful tips for expats living in the UAE Know your rights, such as the right to remain silent, the right to an attorney, and the right to appeal. Write down everything, such as police reports, witness statements, contracts, and medical records. These can be very important pieces of evidence. As soon as you can, hire a lawyer. The sooner you do it, the better your chances of getting good results. Don't speak for yourself; even small mistakes can make things worse under UAE criminal law. Learn about the UAE's laws and customs. In some countries, things that aren't a big deal, like drinking too much or publicly criticizing someone, can be crimes. Conclusion Expatriates who don't know much about the UAE legal system need criminal lawyers. They help clients through the legal process, protect their rights, and work toward the best possible outcome by negotiating or appealing. This helps reduce stress, keep costs down, and make sure clients are properly represented in tough situations. Author: Awatif Al Khouri
21 April 2026
Criminal Law

Things to Avoid When Facing Criminal Charges in the UAE: Legal Insights from a Criminal Lawyer

A criminal lawyer in the UAE gives practical advice on what not to do when facing criminal charges. When you are charged with a crime in the UAE, it can be very scary, especially for expats, business owners, tourists, and families with people from different countries. In the UAE, many crimes that might not be taken seriously in other places are not tolerated at all. A small misunderstanding, an emotional response, or bad advice can quickly lead to big legal problems. From the point of view of a criminal lawyer in the UAE, this article talks about the most common and expensive mistakes people make when they are charged with a crime in the UAE and how to avoid them. This guide is made for expats, working professionals, investors, tourists, and people who have lived in the area for a long time. It uses simple language, real-life examples, and helpful tips. Why UAE Criminal Law Is Different (Important Background) Before talking about mistakes, it's important to know one thing: The Federal Decree Law 31/2021 promulgating the Crimes and Penalties Law, the Federal Decree Law 34/2021 combatting rumors & cybercrimes, Sharia principles, and other rules about public order make up UAE criminal law. Not knowing the law is not a defense Some things you do, like making rude comments online, bouncing checks, or saying mean things, are against the law. Police reports can stop you from traveling right away. The UAE government says that thousands of criminal complaints each year involve expatriates. This is usually because they don't know the law, not because they want to commit a crime. Mistake 1: Speaking with the police without a criminal lawyer in the UAE A lot of people think that being "honest and cooperative" will help them. It's important to work together, but talking without a lawyer can affect your case a lot. An Example from Real Life It's like signing a business contract without reading the fine print. By the time you realize you made a mistake, it's already too late. Why Is This Dangerous? Statements are written down and can be used as proof. Misunderstandings can happen when people speak different languages.Emotional explanations may seem like confessions. Advice Always ask to talk to a criminal lawyer in the UAE before you give a full statement. Mistake #2: Thinking that laws from other countries apply in the UAE People who move to Dubai or Abu Dhabi often think that what is legal in their home country is also legal here. This is a risky assumption. Common Examples Verbal insults or gestures are against the law. Complaints on social media = cybercrime Drinking alcohol in places that aren't licensed is a crime. A fact that is interesting The UAE Cybercrime Law says that online defamation can get you fines and jail time, even if you post it on private messaging apps. Advice Always look at your situation through UAE law, not the law of your home country. Mistake #3: Not paying attention to police notices, calls, or summons Some people don't answer police calls right away because they're scared. This often makes things worse. Why This Doesn't Work Not showing up can lead to arrest warrants. There may be travel bans without warning. Your case moves forward without you having to do anything. If the police contact you, get in touch with a criminal lawyer in the UAE right away and respond through the right legal channels. Mistake #4: Trying to "settle" criminal cases on your own Some people try to settle business or personal problems informally, especially when it comes to bounced checks or disagreements with partners. Check Your Reality The state, not individuals, brings criminal cases to court. Private settlements don't automatically close criminal cases. Settlements that aren't done right can lead to new crimes. For instance If you pay money to "withdraw" a police case without any legal paperwork, the case may still be open. Advice Always make settlements official through a criminal lawyer in the UAE and the courts. Mistake #5: Putting the Case on Social Media It might feel good to tell your side of the story online, but it's not safe from a legal point of view. Why This Is Important Cases that are still going on are private Accusations made in public may be considered defamation. Authorities keep an eye on digital platforms Facts Under UAE law, it's a crime to share screenshots or voice notes without permission, even if they're true. Advice Don't talk to anyone online; let your criminal lawyer in the UAE do it for you. Mistake #6: Not taking travel bans seriously. A lot of expats only find out about a travel ban at the airport. How Do Travel Bans Happen? Filed a criminal complaint An investigation by the police has begun. Registered court case Advice A criminal lawyer in the UAE can look into your legal status and, if it's possible, ask for the travel ban to be lifted. Mistake #7: Not Hiring a Criminal Lawyer Not all lawyers work on criminal cases all the time. To understand UAE criminal law, you need to know how things work there. What to Look For? Experience with criminal courts in the UAE Knowledge of how the Public Prosecution works Ability to communicate in more than one language Conclusion Being charged with a crime in the UAE is serious, but most of the damage is done by mistakes that could have been avoided. If you talk to someone without legal advice, think that foreign laws apply, ignore official notices, or choose the wrong lawyer, you could turn a small problem into a big one that changes your life. Expats, professionals, investors, and tourists can protect their freedom, reputation, and future in the UAE by getting help from a qualified criminal lawyer in the UAE early, staying informed, and following the law. Being aware is not only protection; it's also power. Author: Awatif Al Khouri
21 April 2026
Criminal Law

RED NOTICE AND INTERNATIONAL WARRANTS

Introduction An INTERPOL Red Notice is a vital component of the international alert system, functioning as an official communication to law enforcement agencies worldwide, requesting the location and provisional detention of a specified individual. A critical distinction is that a Red Notice does not constitute an international arrest warrant. Instead, it acts as an international alert based on a domestic arrest warrant or a court order originating from the judicial authorities of the member country that submitted the request. While INTERPOL facilitates the dissemination of this information, it lacks the authority to compel any nation to act, consequently, each member nation independently assesses the legal implications of the notice and its own jurisdiction to effect an arrest, in accordance with its domestic legal framework. This system's main goal is to prevent criminals from escaping justice by fleeing to other jurisdictions. The Red Notice is issued on i-24/7 network, notifying all 196 member countries of the wanted fugitive and the details. This system enables fugitives to be brought to justice even when a significant amount of time has passed since the original crime. The notice contains two primary types of information, i.e., identifying Information (including name, date of birth, nationality, physical description ) and crime details. The Legal Framework: INTERPOL’s Constitution The Constitution of INTERPOL sets up a legal framework for the organization's activities that establishes a balance between effective global policing and the protection of fundamental rights. Article 2 of the INTERPOL Constitution states that the primary objective of the organization is to make sure and encourage the possible mutual assistance between all criminal police authorities. This principle of cooperation is subject to two essential restrictions, that the activities must remain within the limits of the laws existing in the various member countries, and all actions must be conducted in the "spirit of the Universal Declaration of Human Rights (UDHR)" without infringing upon civil and political rights. In contrast to Article 2, which specifies INTERPOL's mandate, Article 3 exclusively prohibits it from engaging in certain activities. It prohibits the organization from undertaking any intervention or activities of a ‘political, military, religious, or racial character.’ Red Notice Publication 1. The Request from NCBs and Tribunals The first step is a formal request, which a member country's National Central Bureau (NCB) or an authorized international tribunal must send to the General Secretariat. 2. The Review The Notices and Diffusions Task Force (NDTF) does a formal Review once a request is received from any member state. NDTF ensures the data aligns with the Rules on the Processing of Data (RPD) and the fundamental principles of INTERPOL’s Constitution.  This assessment examines the identification and court records of the accused and also analyzes whether any violations of human rights were involved. 3. The Decision The NDTF either authorizes or denies the publication of the notice. Authorized Red Notices are published by the General Secretariat and distributed simultaneously to all member countries, becoming searchable in INTERPOL's global databases Consequences of a Red Notice An INTERPOL Red Notice has both global and national effects. The Red Notice is a global notification that simultaneously notifies law enforcement authorities in all 196 member countries about a sought fugitive, thereby ensuring immediate international visibility. This collective notification prevents criminals from easily evading justice by moving to other jurisdictions. The notice is an official request for police all across the world to find and arrest someone temporarily. This action is intended to secure the individual while awaiting further legal steps, such as extradition, surrender, or similar judicial actions. Despite its international reach, INTERPOL cannot compel law enforcement in any country to perform an arrest. Prohibited Offences and Exclusions INTERPOL strictly limits the issuance of Red Notices to serious ordinary-law crimes, explicitly excluding specific categories of offences to maintain its legal integrity and neutrality. The first group of exclusions pertains to behavioural and cultural norms that may be viewed as controversial among different nations, such as prostitution, the possession of drugs for personal consumption, or offences related to the damaging of honour. The organization also bars alerts for family and private matters, including adultery, bigamy or polygamy, and instances involving a failure to pay child support or alimony. Furthermore, Red Notices are generally prohibited for administrative violations and private disputes, such as traffic offences, defamation, and the issuance of unfunded checks, unless the activity is clearly intended to facilitate a serious crime or is suspected of being connected to organized criminal networks. Conclusion Receiving a Red Notice is not the final word. Articles 2 and 3 of INTERPOL's Constitution set strong rules for how the organization operates. These rules safeguard people from persecution and infringements on their human rights. INTERPOL is a unique platform for international police collaboration that helps its member countries to prevent and combat crime. The Repository of Practice (recently updated in November 2024) is an important assurance that INTERPOL is fair and transparent in assessing requests for international cooperation.  The Repository shows how the organization's knowledge and use of its basic legal concepts have changed throughout time. INTERPOL has a strong way to balance the needs of global security with the protection of basic individual rights. Author: Awatif Al Khouri
21 April 2026
Property Law

Best lawyer for landlord-tenant dispute Dubai

Introduction Rental disagreements are more common in Dubai than many people realize. With thousands of new tenancy agreements signed each year, most go smoothly, but issues still arise at the time of the lease. A landlord may increase rent without prior informing the tenant, and the landlord may face delayed rent payments or issues with damage to the property. Other common issues include eviction notices, maintenance responsibilities, or getting the security deposit back at the end of the lease. If these problems get worse, it often helps to talk to a landlord-tenant lawyer in Dubai. A lawyer can look over the tenancy agreement, review the communication between both sides, and explain how UAE tenancy laws apply to your case. For many residents, especially expatriates, the legal process can be confusing. Learning the basics of tenancy law is the first step. The Legal Framework Governing Tenancy in Dubai Landlord and tenant relationships in Dubai are primarily subject to Law No. 26 of 2007, later amended by Law No. 33 of 2008. Legal responsibilities of both the landlord and the tenants during the tenancy period are mentioned and explained under this law. The legislation addresses several key issues, including: procedures for raising the rent Rules for giving an eviction notice How to renew a tenancy agreement maintenance responsibilities Responsibilities for the security deposit If a dispute comes up and the parties cannot settle it on their own, the case can be taken to the Rental Disputes Settlement Centre (RDC). This tribunal is part of the Dubai Land Department and handles tenancy disputes. The RDC process often takes less time than going to court. However, you still need to have the correct documents and follow the required legal steps. Having an experienced landlord-tenant lawyer in Dubai can really help here. Situations That Commonly Lead to Tenancy Disputes Many tenancy disputes in the UAE start with everyday situations. A small disagreement can quickly turn into a formal dispute if the landlord and tenant see the contract differently. Some of the most common disputes include: Eviction notices Eviction is allowed in some cases, but there are strict rules. For example, if a landlord wants to evict for personal use or to sell the property, they usually need to give 12 months’ written notice through a notary public or by registered mail. Rent increase disputes Dubai’s rental rules set limits on when and how rent can go up. Most of the time, landlords have to give at least 90 days’ notice before renewing the lease. Unpaid rent If rent is not paid, landlords can start legal action through the RDC after giving the right notice. Security deposit disagreements Disagreements often happen when tenants move out, and money is taken from their deposit. Responsibilities regarding repairs and maintenance Often arguments arise between landlords and tenants over who bears the expenses for repairs, especially if these details are not mentioned in the tenancy agreements. A landlord-tenant lawyer in Dubai can help when such issues arise, leading to a solution or guidance according to UAE law. Why Many People Seek Legal Advice Early Landlords and tenants can represent themselves at the Rental Disputes Settlement Centre, but many people prefer to talk to a lawyer before starting. Usually, legal advice starts with a simple review of documents. These might include: the tenancy contract Ejari registration certificate payment records emails or written communication between the parties eviction notices or rent increase notices These documents often reveal where the issue began. For instance, a rent increase may not have included the correct notice period, or an eviction notice may not have followed the proper legal process. Lawyers who handle property disputes often see the same issues. Many conflicts happen just because one side is not sure about the legal rules in Dubai’s tenancy law. In tenancy disputes in the UAE, lawyers like Mrs. Awatif Al Khouri, who have experience with civil and commercial cases in the UAE, usually start by reviewing the tenancy agreement and related documents. Often, once everyone understands the legal position, both sides can settle without a long court process. Formal proceedings at the Rental Disputes Settlement Centre may be needed if negotiations between parties do not work out. Filing a Case Before the Rental Disputes Settlement Centre Either side can file a claim with the RDC if a tenancy dispute cannot be settled by negotiations. Below are a few simple steps to follow: Preparing the tenancy contract and Ejari certificate. Submitting identification documents and supporting evidence. Filing the case through the RDC system or through the Dubai REST application. Paying the required filing fee. Attending hearings scheduled by the tribunal. The RDC makes a decision, and these decisions are legally binding and can be enforced by the authorities. Practical Steps That Help Avoid Tenancy Disputes While there are legal solutions, it is always better to prevent disputes. Taking a few simple steps can make a big difference. Ensure the tenancy contract is properly registered with Ejari. Keep written records of important communication. Follow the correct legal procedure when issuing rent increases or eviction notices. Address maintenance concerns early and document them in writing. Seek legal advice before taking major legal action. Conclusion Dubai’s rental market is always changing, and disagreements between landlords and tenants can still happen even with clear contracts and rules. Knowing how tenancy law works in the UAE helps both sides protect their rights and avoid conflict. If a dispute does happen, talking to a landlord-tenant lawyer in Dubai can make your legal options clear. Experienced lawyers, like Mrs. Awatif Al Khouri, often help clients by reviewing tenancy agreements, settling disputes through negotiation, and representing them at the Rental Disputes Settlement Centre if needed. Getting legal advice early often leads to a quicker and more practical solution for both landlords and tenants. Author: Awatif Al Khouri
09 April 2026
Property Law

Navigating the Landlord–Tenant Relationship: A Complete Dubai Landlord-Tenant Law Guide

Real Estate Market in Dubai is one of the most attractive sector, an investment hub for investors and also for people planning to relocate. To maintain a sense of order and equity in this vibrant market, the Emirate has put in place a robust legal structure governing the interactions between landlords and tenants. This relationship is primarily anchored in Dubai Law No. 26 of 2007, as amended by Dubai Law No. 33 of 2008 (the "Tenancy Law"), and is supported by Dubai Decree No. 26 of 2013, which provides the mechanism for dispute resolution under Dubai tenancy regulations. Understanding the rules that protect both landlords and tenants is important. The article below is a breakdown of the landlord-tenant relationship to help navigate when disputes arise. I. The Basis of the Relationship: Transfer and Maintenance In most cases, landlords must handle major repairs and keep the building safe, unless both parties have a different written agreement under Dubai tenancy law. If a landlord doesn't fix these problems in a reasonable amount of time, tenants can tell the authorities about the problem or take legal action, like filing a rental dispute Dubai claim. The law also protects tenants from being treated badly. For example, Article 34 says that landlords can't turn off basic services like water, electricity, or air conditioning, no matter what the disagreement is about. This strengthens tenant rights in Dubai. Maintenance Responsibilities: One of the most common points of contention in Dubai is the responsibility for repairs. Article 16 clarifies that the landlord is responsible for the maintenance and repair of any "defects or faults" that affect the tenant's intended use of the property throughout the duration of the lease. This includes significant issues such as: Problems like faulty plumbing and leaks Electrical malfunctions can also be an issue. Structural flaws in the building that affect safety Many contracts have a "minor maintenance" clause, which means tenants pay for small repairs under a certain amount, like AED 500. Unless both parties agree in writing, the responsibility of major repairs usually lies with the landlord, reflecting standard Dubai rental law guide practices. These problems need to be fixed within a reasonable time by the landlord; if not, the tenant can report the issue to the authorities or take legal action. It provides protection to the tenants from unfair landlord behavior and strengthens tenant rights in Dubai. II. Eviction Process and Tenant Protection Eviction is a sensitive area of the law, and Dubai provides definitive rules to prevent arbitrary displacement under Dubai tenancy law. Tenants have a "Right to Renewal" if they have fulfilled their contractual obligations, which means a landlord can't refuse to renew a lease without a valid, legally recognized reason, an important aspect of tenant rights in Dubai. Article 25(1) states that a landlord can only request eviction before the contract ends under specific circumstances Unauthorized Subletting: Renting out the property to someone else without getting written approval from the landlord. Illegal Use: Using the property in ways that go against public order or accepted moral standards. Damage and Endangerment: Making changes that could risk the property’s safety, or causing damage either on purpose or by being careless. Breach of Contract: Failing to follow any part of the lease within 30 days after being asked to correct the problem. Commercial Abandonment: For business premises, leaving the property unoccupied for 30 consecutive or 90 non-consecutive days in a single year. These provisions balance landlord rights in Dubai with tenant protections. Eviction Upon Expiry (12-Month Notice): If a landlord wants to reclaim the property for reasons other than the tenant breaking the lease, Article 25(2) requires a strict notice period under Dubai landlord-tenant law. Acceptable reasons include: Demolition or Reconstruction: Required by urban development or chosen by the owner with the right permits. Major Maintenance: This applies when repairs or upgrades cannot be completed while the tenant is living in the property, and a technical report confirms this. Personal Use: The owner can end the tenancy if they want to live in the property or have a close family member move in, as long as they show they do not have another suitable place to live. Sale of the Property: The owner can end the tenancy if they plan to sell the property. The landlord must give the tenant at least 12 months' notice in these situations. For this notice to be legally binding in Dubai, it must be sent by a Notary Public or registered mail, which is very important under Dubai tenancy regulations.. III. Dispute Resolution: The Role of the RDSC When a relationship breaks down, whether due to "apartment malfunctions" or "unjust eviction," the Rental Disputes Settlement Center (RDSC) serves as the specialized judicial forum for the resolution of any rental dispute or landlord-tenant dispute in Dubai. Established by Dubai Decree No. 26/2013, the RDSC was created to provide a "simple and expeditious mechanism" for settling rental conflicts in Dubai and its free zones under Dubai rental law guide principles. The Process of Resolution: The RDSC is designed to favor mediation over litigation initially. The Arbitration and Reconciliation Department was established according to Article 10 of the law. It facilitates settlement through mediation and documents the settlement through a binding contract, and if the settlement fails, it proceeds to the judge for a formal ruling. If the RDSC determines that an eviction was wrongful, for example, if the tenant was evicted by the landlord for personal use but then immediately re-leased the property to a new tenant, the former tenant may be entitled to compensation for the moving costs, the difference in rent for a new property, and also for inconvenience, further reinforcing tenant rights in Dubai. IV. Practical Advice for Landlords and Tenants To keep a good working relationship and avoid a landlord-tenant dispute in Dubai, the RDSC, both landlords and tenants can follow these practical tips under the Dubai landlord-tenant law guide:: Keep Good Records: Landlords should keep proof for any reason they might need to evict a tenant. Tenants should save copies of maintenance requests and rent payments. Register with Ejari: In Dubai, it is required by law to register every tenancy contract through the Ejari system as part of Dubai tenancy regulations. Formal Correspondence: Do not rely only on instant messaging for important notices. For eviction notices, use a Notary Public to ensure they meet the requirements of Article 25. Access to Property: Tenants in Dubai have the right to remain in their home and keep all the benefits of their lease until the eviction process is finished, according to the tenant rights in Dubai. Conclusion In Dubai, landlords and tenants are required to obey the law. The restrictions are there to protect landlords' money and make sure they can get their property back when they need to, as long as they follow the Dubai tenancy law. The legislation also performs a superb job of preventing renters from being kicked out unfairly and from living in substandard conditions. So, both sides need to be well familiar with Dubai Law No. 26 of 2007. The Rental Dispute Settlement Center (RDSC) is where landlords and tenants may go to settle any issues. This makes the real estate market in Dubai work more smoothly, clearly, and confidently. Author: Awatif Al Khouri  
09 April 2026
Property Law

How to Terminate a Property Contract in Dubai: Your Rights, Your Options, and the Role of Form F

Introduction Buying real estate in Dubai is a major milestone. To make things official, buyers and sellers use the Dubai Land Department’s standard Property Sales Contract, commonly known as “Form F,” which sets out the terms of the agreement clearly and formally. Transfers typically go smoothly, but occasionally one party must or chooses not to proceed. Having the right legal support in Dubai can really make the whole process easier when you’re buying, selling, or renting a property. Real estate lawyers in the UAE help break down the fine print, guide you through the rules, and look out for your best interests so you can move ahead with confidence and without unnecessary stress. Both buyers and sellers should be aware of their legal rights in the event that a real estate transaction falls through. A property dispute lawyer in Dubai can assist in resolving these circumstances, which may arise for a number of reasons. This article examines the main UAE laws that apply in situations where things don't go as planned, as well as the options available to both parties. Why do property deals fall through There are a lot of things that could go wrong with a deal. A buyer might get scared, or a seller might change their mind because they got a better offer. A lot of the time, people have real-world problems, which is why consulting a reliable real estate lawyer in Dubai can help protect your interests and navigate these challenges smoothly. Financial Issues: The buyer may not be able to convince their bank to approve their most recent mortgage. Issues with clearance: The seller may not be able to obtain a No Objection Certificate (NOC) from the developer or community management, or the seller's bank may take longer than anticipated to send a letter stating they owe nothing. Missed Deadlines: It's possible that some of the contract's strict deadlines won't be fulfilled. What happens to the deposit of 10%? Most of the time, the buyer gives a 10% security deposit when they sign Form F. The broker has this deposit check, but they can't cash it or give it to either party without a written agreement from both parties or a court order. If there is a disagreement and the parties can't agree, the person who is wronged usually has to go to the Dubai Courts to get their deposit back or get paid. The person who has the check must keep it until the court decides who has the right to the money. What happens if you don't pay: Buyer and Seller Form F lists the exact outcomes of defaults: If the Buyer Defaults: If the buyer doesn't finish the transfer on the agreed date because of something they did or didn't do, the seller can end the deal and keep the deposit. If the Seller Defaults: If the seller doesn't finish the transfer, the buyer can get their full deposit back and the seller has to pay them the same amount as compensation, according to the standard terms. The UAE Civil Code says that a contract can usually be ended by both parties agreeing to it, a specific clause in the contract, or a court order. If a case goes to court, the judge will look at the evidence, figure out who is at fault, and then make a decision. Does the Agent's Commission Require Fees? The broker's commission is a frequent issue when a deal goes wrong. In order to recover their professional fees, agents frequently file lawsuits against both the buyer and the seller, claiming that they performed their duties by facilitating the signing of the contract. Dubai Law No. 85 of 2006 about the Real Estate Brokers Register says that a broker can only get paid if the deal goes through. The broker can only charge fees after the condition is met if the contract is based on that condition (like getting a mortgage). But if the deal falls through because one side acted in bad faith or broke the rules, the courts can decide to give the agent their fees based on what the contracts said. For example, some contracts say that the agency will still get paid if both parties agree to cancel the contract, or that the broker will get 20% of the security deposit for administrative costs if one party doesn't pay. In such cases, consulting a skilled property dispute lawyer in Dubai can help clarify your rights and protect your interests in court. The amount of compensation and the court's decision A lot of sellers and buyers who sue for damages use the 10% penalty clause in Form F. But the courts have a lot of freedom to make choices. Article 390 of the UAE Civil Code allows both parties to agree in advance on a fixed compensation amount. If one party requests it, a judge can adjust this amount to match the real harm or loss suffered. If the court finds that losing the full 10% deposit is excessive and does not reflect the actual damages, the judge may reduce the compensation. The court will also consider who was truly at fault and whether the person who failed to pay made a genuine effort to do so. Additional Terms and Conditions The Significance of 'Additional Terms and Conditions' is a document that can change the usual rules in Form F. People often use it to avoid standard terms or to protect themselves from unexpected issues. For example, extra terms might include: Mortgage Clauses: The buyer needs final mortgage approval for the deal to happen. If the bank does not approve the loan, the contract is canceled, and the deposit is returned with no fees. Custom Compensation Splits: If the buyer does not pay, the seller gets 80% of the deposit, and the broker gets 20%. Force Majeure Definitions: These terms explain what 'Acts of God' or events beyond anyone's control mean, such as pandemics, strikes, or government delays. If one of these events happens, the transfer date is moved back automatically or the contract is canceled without penalties. Conclusion If you want to get out of a property contract that has gone bad, you need to think carefully about your legal strategy. If you're a seller trying to get paid for a broken contract or a buyer trying to get your deposit back because your financing fell through, the wording of your Form F and its additional terms will have a big impact on your rights. The best way to protect your money if you are in a real estate dispute is to hire a real estate dispute lawyer in the UAE to help you reach a settlement or represent you in court. Author: Awatif Al Khouri
09 April 2026
Family Law

Divorce for non-Muslims: Common Mistakes Non-Muslims Make When Getting a Divorce in the UAE

Common Mistakes Non-Muslims Make When Getting Divorced in the UAE (Helpful Advice for Foreign Couples) Divorce is hard no matter where you are, but it's even harder when you're living abroad. Recent changes to the law in the UAE have made things clearer for non-Muslims, but many expats still make mistakes that cost them time, money, and emotional energy. This article talks about the most common mistakes that non-Muslims in the UAE make when they want to get a divorce, why those mistakes are important, and how to avoid them in simple terms. A quick look at the law The Federal Decree Law No. 41 of 2022 in the UAE deals with the civil personal status system for non-Muslims.  Meanwhile, the Abu Dhabi Personal Status Law (Abu Dhabi Law No. 14 of 2021 for non-Muslims) regulates personal status matters for non-Muslims in the emirate. This makes it easier for expats to understand the rules about marriage, divorce, custody, and inheritance. Non-Muslims can also choose to use the laws of their home country for family matters in some cases, but that choice has limits and consequences. Mistake: Thinking that the laws of your home country automatically apply A lot of expats think that the divorce laws in their home country apply to them while they are in the UAE. In fact, Federal Decree-Law No. 41 of 2022 sets up a civil framework for non-Muslims in the UAE. The courts can use UAE civil personal status law unless the parties choose their own law. Not understanding or making a choice on purpose can lead to unexpected results in property division, child custody, and maintenance. Tip: Talk to a UAE family lawyer early on to find out if using your home law or UAE law is better for your case. Be ready to explain why you made that choice. Mistake: Taking too long to decide on jurisdiction Deciding on jurisdiction is very important. Filing first and accurately can lock in the forum that will help make decisions about your money and custody. Some wealthy expatriates choose to move to Abu Dhabi on purpose because its civil family courts are supposed to be private, quick, and specialized. These are all good things for complicated asset cases. Think of jurisdiction as picking the referee for a game. The score will be affected by the rules that the referee enforces, so make sure you choose wisely before the whistle blows. Tip: Talk to your lawyer about where to file and what proof you need (where you live, where you got married, where your property is). Mistake: Not knowing the importance of papers and evidence The UAE courts seek detailed paperwork, like marriage certificates, passports, visas, tenancy or title deeds, bank records, and papers that prove where kids reside and go to school. If you don't have all the records you need or if they're not legitimate (like merely screenshots of accounts or missing marital translations), it could take longer for your hearing and affect your case. Tip: Prepare a folder (both a physical copy and an encrypted digital copy) with certified translations of important papers and proof of income and assets. Mistake: Not considering the effects of residency and visa Visa status is a real concern for expat spouses after a divorce. Divorce can affect residency visas that are linked to a spouse or employer. Each person must plan how they will stay in the UAE legally (if they want to). Make a plan for your immigration before the decision. Tip: To make sure your legal and visa plans are in sync, talk to both your immigration lawyer and your family lawyer at the same time. Mistake: What happens legally when you make public accusations and respond inappropriately on social media People's actions, such as making accusations that could be crimes in the UAE, can change the outcome of criminal proceedings and custody. Don't post too much about the case on social media, and be nice to each other when you talk. Tip: Talk to them in a professional way and follow your lawyer’s recommendations on what to tell the public. Mistake: Not considering mediation and settlement options The law in the UAE for non-Muslims allows for amicable divorce, mediation, and negotiated consent judgments. Settling can be much faster and less expensive than going to court over every issue. If you or your ex-partner move later to the country, the settlement must be carefully written so that it can be enforced in all jurisdictions. Tip: If you're going to mediation, you might want to have a lawyer there. Also, make sure that any settlement is filed with the court so that it is easier to enforce. Mistake: Not getting an independent valuation or financial disclosure Disputes often happen later because assets weren't fully disclosed or were hidden. Get independent appraisals and make sure you know everything before you sign any settlement, whether it's for a business, an offshore account, or a property you both own. Tip: If you have a lot of complicated financial accounts, hire a forensic accountant. It's a good investment that usually saves money in the long run. Mistake: Thinking that "no-fault" means "no consequences" "No-fault" means you don't have to prove wrongdoing to get a divorce. Recent changes have made it possible for non-Muslims to get a no-fault divorce, but courts still look at things like the needs of the children, the length of the marriage, the earning potential of each person, and their contributions when making decisions about money. However, you still need to make a strong case for support, custody, or asset division. Tip: Even if you don't have to go to court, make sure you have a clear plan for your finances and your kids. Facts and information that are quick and interesting. Conclusion The United Arab Emirates’s modern family courts, especially the Abu Dhabi Civil Family Court, make divorce for expats faster and more private, but careful planning—choosing the right law, organizing documents, considering finances and visas, and getting professional advice—is essential to avoid stress and extra costs. Author: Awatif Al Khouri
09 April 2026
Criminal Law

Crimes Against Honor and Modesty in the UAE: What You Need to Know Guide for Expats in the UAE

What Residents and Expats Need to Know About Crimes Against Honor and Modesty Under UAE Criminal Law One message. A very angry argument. A post on social media sent out of anger. In a lot of countries, these kinds of things could end in apologies or lawsuits. But in the UAE, they can quickly become criminal cases. Crimes against honor and modesty are some of the most misunderstood parts of UAE criminal law for expats, working professionals, business owners, tourists, and families with members from different countries. Most people charged with these crimes never meant to break the law, and every experienced criminal lawyer in the UAE will tell you the same thing. This article clearly and accurately explains what crimes against honor and modesty are under UAE criminal law, why they are important, and how to stay out of serious legal trouble. What are crimes against modesty and honor in the UAE? Crimes against modesty: Indecent or offensive conduct, such as inappropriate physical behaviour, public indecency, sexual harassment, or sharing obscene images, videos, or messages. Crimes against honor: Insults, defamation, abusive language, offensive gestures, or accusations that damage someone’s reputation. These offences often arise from words, actions, or digital communication, not physical violence. They can occur through texts, voice notes, social media posts, emails, or even private chats. Truth is not always a defence; even true statements may be criminal if they harm someone’s honor or dignity. Private communication is not automatically protected if the content is offensive or shared without consent. Defamation or cyberbullying online Important Fact: In the UAE, intent is not always necessary. If they hurt someone's honor or modesty, even "jokes" or emotional reactions can be crimes. Why These Crimes Are More Important in the UAE Respect, privacy, and public morals are very important to the law in the UAE. This is true for both citizens and non-citizens. Fact that is interesting According to statements from the UAE's courts, a lot of criminal complaints involving expats have to do with insults, defamation, or modesty-related behavior, especially through messaging apps. A Real-Life Example Imagine that the UAE is like a shared office space. What you say, post, or do affects everyone around you, and there are strict rules about what you can and can't do. Insult and Defamation: Words Can Be a Crime Many people contact a criminal lawyer in the UAE after being accused of insult or defamation. Under UAE law, an insult can include cursing at someone, even in private, making offensive hand gestures, or making accusations that harm another person’s reputation. It can also involve voice notes, text messages, or WhatsApp communications that contain abusive or offensive language. An important legal point to understand is that, in the UAE, truth is not always a defense. Even a statement that is factually correct may still be considered a criminal offence if it damages a person’s honor or dignity. Cybercrime, or crimes that happen online and on social media A lot of people in the area are shocked to find out that: Messages on WhatsApp Reviews on Google All Instagram stories can be used as evidence in a crime. Fact that is interesting Under the UAE Cybercrime Law, individuals can face legal consequences for insulting or defaming others, or for sharing private content without consent, even in private chats. Advice from a Criminal Lawyer in the UAE: Never share screenshots of private conversations, and never post accusations online or attempt to “defend yourself” publicly during a dispute. Crimes that have to do with sexual harassment and modesty Behaviors that cross personal boundaries are also crimes against modesty. For instance Messages that you don't want with sexual language Unprofessional comments at work, staring, gestures, or being too close to someone that makes them uncomfortable Indecent behavior in public Important Note In the UAE, consent rules are very strict, and the cultural context is very important. Analogy In the UAE, what might seem like casual flirting in other places can be seen as breaking the law, like going through a locked door without permission. A Big Difference Between Public and Private Many expats believe that private conversations are “safe,” but under UAE law this is a dangerous misunderstanding. The truth Private messages can be used as proof in public. You can file a complaint even if only one person saw the message. Courts care more about the effect than the number of people who see it. A criminal lawyer in the UAE often tells clients that privacy does not protect them from being charged with a crime. Punishments for Crimes Against Honor and Modesty Punishments for crimes may include: Penalties Being in jail Deportation for foreigners Criminal records that affect jobs and visas Important Information Some crimes let people make up, but only through the law, not by saying sorry. Common Mistakes Made by Expats and Residents: When to Get a Criminal Lawyer Responding with feelings instead of the law Deleting messages (which can make people more suspicious) Not answering police calls Putting explanations on social media If you say you're sorry, you automatically close cases How to Keep Yourself Safe (Useful Advice) ✔ Wait before sending messages ✔ Don't insult others, even when you disagree ✔ Never share private information ✔ Think of online platforms as public places. In Conclusion Under UAE criminal law, crimes against honor and modesty are not minor issues; they are serious offenses with real consequences. What makes them so hard is that a lot of them come from normal conversations, texting, or cultural differences. People living in the UAE, tourists, expats, and professionals can protect their reputation, freedom, and future by knowing the law, following local customs, and getting advice from a qualified criminal lawyer in the UAE. Author: Awatif Al Khouri
09 April 2026
Criminal Law

Which Law Firm in the UAE is Best at Handling Extradition Cases?

Introduction Being sent back to another country from the United Arab Emirates is one of the most dangerous legal situations a person can be in. In these cases, there are usually criminal charges in another country and a request to move someone from the UAE to that country. The first question that comes to mind for both residents and foreigners is simple: Which UAE international extradition law firm can locals trust to handle these difficult cases well? Not every problem can be solved by one company. It really depends on how much experience you have, how well you know international law, and how well you can defend people who are accused of crimes in more than one country. People can find the right lawyer if they know how extradition works in the United Arab Emirates. When one country asks another to let go of someone who has been charged or convicted of a crime, this is called extradition. Extradition in the UAE is governed by both federal laws and international treaties. These agreements make it easier for countries to work together on criminal cases and make it harder for people who are accused of serious crimes to avoid prosecution by moving to another country. A typical process for extradition might include the following steps: A foreign country asks for extradition or issues an arrest warrant. The UAE government checks the request to make sure it follows both local and treaty rules. The courts in the UAE check that the legal requirements for extradition are met. The government decides whether or not to extradite someone. The Necessity of Lawyers in Extradition Matters International extradition cases are very different from regular criminal cases. Usually, they have: Looking into crimes that cross borders Arrest warrants from other countries Messages from Interpol Countries working together in a legal way A lawyer who works on extradition cases needs to know about both international law and the criminal law in the UAE. Attorneys often work with the country's poor legal teams. Most of the time, a reliable international extradition law firm in the United Arab Emirates will check to see if: The crime in question is serious enough to warrant extradition under UAE law. The request is in line with the treaty. The case is about political or procedural issues. The law says that the prosecution must happen within a certain amount of time. These legal issues can sometimes be used to stop an extradition request. What Are the Traits of a Good International Extradition Law Firm? Good legal representation It is different from regular criminal defense in some ways because extradition cases are very specific. Knowledge of international criminal law An extradition lawyer who knows what they're doing should know how criminal laws work in more than one country. The lawyer can use this information to find differences between legal systems or problems with a request from another country. Understanding how Interpol works. An international arrest notice or an Interpol alert is often the first step in an extradition case. Lawyers who know a lot about this area can fight these notices and deal with the risks that come with travel restrictions between countries. Have been involved in court cases in the UAE Even if a request comes from another country, the courts in the UAE play a big role in deciding whether or not it is legal. Because of this, lawyers need to be able to present their cases to judges in their area. Cooperation with foreign lawyers in a planned way You will often need to hire lawyers in the country that wants to extradite you in order to protect yourself. A legal team with a lot of connections can work together to plan defenses in different places, collect evidence, and fight procedures. Great at dealing with problems You might have to stay in jail or not be able to travel if you are extradited. Lawyers often have to work quickly to protect their clients' rights because they are under a lot of time pressure. Awatif Mohammed Shoqi Advocates & Legal Consultancy is a law firm in Dubai that helps people, businesses, and entrepreneurs with a wide range of legal issues. The company helps clients with complicated criminal and international legal problems who may be under investigation or in court in more than one place. What UAE Courts Think About Extradition Requests Sometimes, UAE courts say no to requests for extradition. Instead, judges carefully check that the request is completely legal. The following things may be taken into account by courts: If the crime is illegal in both the country that asked for it and the United Arab Emirates, If the crime is bad enough to get someone deported, If the case has a political angle If the request follows the rules of the treaty Also, the courts can make sure that the process was safe. Extradition may not happen if the legal requirements are not met. Common Situations That Lead to Extradition Requests People from other countries who live in the United Arab Emirates often have trouble with extradition when Crimes that hurt the economy or cost people money In some countries, you can get an arrest warrant for business-related crimes, fraud, or financial crimes. Investigations Across Borders When different jurisdictions work together on an investigation, they may ask for extradition in cases that involve more than one jurisdiction. Arrest warrants in other countries A warrant from another country may require the person's transfer. Red Notices from Interpol Police all over the world can see these notices. They could lead to an arrest or questioning. A lawyer must think carefully about each case before making any decisions. Practical Advice If you think you might have an extradition problem in the United Arab Emirates, you should be careful and get expert legal advice. Here are some good things to do: Get legal help right away. Getting legal advice early on can help you avoid problems and better understand what's going on. Don't leave the country until you know what's going on. International notices may keep you at airports or other places. Get the right forms Lawyers may be able to figure out how strong a case is by looking at court documents, legal records, and letters. Get help from lawyers who know a lot about international criminal cases. General criminal lawyers may not always know what they need to know for extradition cases. How to Choose the Best International Extradition Law Firm in the UAE You should look at a law firm's past actions, reputation, and advertising when deciding whether to hire them. Here are some important things to think about: Has the lawyer ever worked on cases where a client was sent back to their home country? Are they ready to handle cases of international crime? Do they know what Interpol does? Can they work with lawyers from other countries if they need to? UAE citizens should usually work with an international extradition law firm that knows both international criminal law and the laws of the UAE. Conclusion In the UAE, cases that involve international extradition need complicated legal processes that go beyond normal criminal defense. They need to be smart in court, work with governments all over the world, and read treaties carefully. It's important to choose a reputable international extradition law firm to protect your legal rights, whether you live in the country or are an expat. People should look for lawyers who have successfully defended criminals in other countries, know how international law works, and are good at working with the UAE legal system. They should think about more than just names or rankings. Awatif Mohammed Shoqi Advocates & Legal Consultancy and other Dubai law firms that deal with cross-border criminal cases help people with complicated legal issues that span multiple countries. Early legal advice and a well-thought-out legal plan can have a big effect on extradition cases in the United Arab Emirates. Author: Awatif Al Khouri
09 April 2026
Criminal Law

The Sovereign Digital Frontier: Understanding the UAE’s Legal Response to Rumors and Fake News

Introduction As the world becomes increasingly digital, we are more connected than ever. But this development has also brought new and more intricate threats that could hurt the economy and society. The United Arab Emirates is known for being a leader in technology and innovation. To secure the public’s trust and also national security, it is important to protect the digital environment. The UAE enacted Federal Decree-Law No. 34 of 2021 Concerning the Fight Against Rumors, and Cybercrime was enacted on January 2, 2022. It was further amended by Federal Law No. 5/2024. This comprehensive framework does not merely update old penalties; it redefines the standards of digital citizenship. By moving from a reactive model of cybersecurity to a proactive, governance-based system, the law addresses the complexities of the fourth industrial revolution, ranging from the industrialization of disinformation via "e-robots" to the subtle breach of personal privacy on social media platforms. The Architecture of Information Integrity: Understanding Article 52 At the heart of the UAE’s response to the viral nature of misinformation is Article 52, a provision specifically designed to halt the spread of "fake news". The law targets any individual who uses an information network to disseminate, circulate, or recirculate false data or rumors that contradict officially announced news. Three main things usually have to happen for an act to be considered a crime under this article. It must be false or misleading information that is likely to change people's minds or disturb the peace, and it must go against what the government has said. The consequences are harsh: a minimum of AED 100,000 in fines and a minimum of one year in jail. The law also knows that rumors can be particularly serious when things are dire. False information can spread quickly and hurt people. That's why the punishments are much harsher in cases of emergencies, epidemics, or disasters. The law says that in these situations, the person must spend at least two years in prison and pay a fine of at least AED 200,000. This is because, in a crisis, even one piece of information that hasn't been checked can quickly cause panic, lead people astray, and have a big impact on the economy or public health. The Industrialization of Disinformation: E-Robots and External Influence In an era where technology can automate the spread of falsehoods, the law introduces specific measures against the "industrialization" of disinformation. Article 54 addresses the use of automated programs or electronic robots that are created or modified to disseminate misleading information. The penalties include imprisonment of 2 years or fines between AED 100,000 and AED 1,000,000. The UAE has expanded its laws to apply even to actions taken outside the country. So, if someone spreads rumors from abroad, they can still be investigated and prosecuted under UAE law. Article 55 also targets anyone who asks for or accepts gifts or benefits, inside or outside the UAE, in return for publishing illegal content or spreading false information in the country. This helps the UAE address digital campaigns that try to disrupt its social or economic stability, no matter where the funding comes from. Social Harmony Over Absolute Transparency: The Privacy Provisions Perhaps the most culturally distinct aspect of Decree-Law No. 34/2021 is its prioritization of "social harmony" over "absolute transparency". Under Article 44, it is a criminal offense to use information technology to breach the privacy of an individual or their family life. This includes: Eavesdropping and interception of communications. Taking photographs or videos of others without their permission and saving or publishing them, even in public spaces. Publishing news or images, even if true, with the specific intent of harming an individual. The law imposes a minimum of six months' imprisonment and fines not less than AED 150,000 and not more than AED 500,000 for privacy breaches. If the material is modified, such as through deepfake technology, to defame the victim, the prison term increases to at least one year. National Status and the Protection of State Symbols The law also provides robust protections for the reputation and status of the State and its institutions. Article 25 criminalizes mocking or harming the reputation and standing of the UAE, its founding leaders, the national flag, currency, anthem, or any national symbols. Violators may face not more than five years in prison and a fine of not more than AED 500,000. Similarly, Article 20 imposes a life sentence for anyone who manages a website or publishes information aimed at changing the ruling regime, effectively prohibiting the use of digital platforms for political destabilization. "Unlawful content" is broadly defined in Article 1 to include anything that harms national security, sovereignty, or public confidence in state institutions. Platform Accountability: The Gatekeeper’s Duty Under the 2021 law, responsibility isn’t just on the person posting content—it also applies to the people running the platforms. Simply put, platform owners and administrators need to stay aware of what’s being shared and take action if something inappropriate or unlawful comes up. Article 53 makes this especially clear. If unlawful content is found on a platform and the authorities officially notify the owner, they must remove it promptly. Failing to do so can lead to heavy fines, ranging from AED 300,000 to AED 10,000,000. Administrators are now considered the "gatekeepers" of the digital space. Furthermore, Article 19 mandates that all online content must comply with "media content standards" issued by competent authorities. Failure of a website manager to comply with these standards can result in up to one year of imprisonment. Infrastructure Protection and Financial Security Beyond the realm of speech and privacy, the law establishes a rigorous defense for the nation’s digital infrastructure. Articles 2 through 5 address unauthorized access to information systems (hacking). The penalties follow a sliding scale based on the target: Basic Hacking: Even if no data is stolen, unauthorized access to a system carries a fine between AED 100,000 and AED 300,000. Government Systems: Hacking a government website is a high-value target offense. Unauthorized access alone carries "temporary imprisonment" and a fine of up to AED 500,000. If the hack results in damage or obtaining data, the sentence can escalate to a minimum of seven years and a fine of up to AED 1,500,000. For both individuals and businesses, the law is there to protect against growing risks like online fraud and extortion. For example, under Article 40, using tricks like phishing emails or pretending to be a bank to steal money is treated very seriously. It can lead to at least one year in prison and fines of up to AED 1,000,000. Enforcement, and Extraterritoriality, The Telecommunications and Digital Government Regulatory Authority (TDRA) and the UAE Cybersecurity Council guide the enforcement of these provisions. The TDRA coordinates the Internet Access Management (IAM) policy, which directs internet service providers to block prohibited content categories and take down fraudulent or privacy-invading sites. Citizens and residents are encouraged to play an active role through specialized reporting portals such as the eCrimes platform by the Ministry of Interior, the Aman service in Abu Dhabi, and the Dubai Police eCrime website. Conclusion: The Standard of Digital Citizenship Federal Decree-Law No. 34 of 2021 ensures that the technological developments do not affect the public order or personal dignity. By codifying strict rules for information integrity, reputation management, and platform accountability, the UAE has created one of the most rigorous cyber-regulatory environments in the world. The law makes it clear that being anonymous online does not remove your responsibility. You can communicate and share, but you should think before posting, make sure your information is accurate, and treat others with respect online. For businesses, the expectations are even higher. Companies need to build compliance into their systems from the start, keeping an eye on content and making sure their platforms are used responsibly to avoid serious legal trouble. This law is designed to build trust. It makes the digital world safer and more reliable, helping keep the UAE a secure place for living, working, and doing business. Author: Awatif Al Khouri
09 April 2026
Criminal Law

Extradition Requests and Law in the UAE

Introduction Extradition requests in the UAE are primarily governed by Federal Law No. 39 of 2006 Concerning International Judicial Cooperation in Criminal Matters, which has been recently updated by Federal Decree-Law No. 38 of 2023. The United Arab Emirates (UAE) cooperate with other nations to address these criminal challenges, and this cooperation is based on international agreements, treaties, or the concept of reciprocity. The Extradition procedure Article 7 stipulates a couple of legal conditions for a person's surrender. The formal extradition process known as "surrender" occurs when the United Arab Emirates transfers a wanted individual to a foreign court for investigation, trial, or imprisonment. The law establishes specific legal requirements that must be met for such a surrender to be authorized: The act for which extradition is sought must be a crime in both the requesting state and the UAE, punishable by deprivation of liberty for at least one year or a more severe penalty. Addressing dual criminality, it doesn't matter if the states term the crime by different names or categories. If the individual has already been convicted, extradition is only permitted if they have at least six months remaining on their custodial sentence. Requirements for Formal Documentation under Article 11 The UAE Central Authority (Ministry of Justice) must receive a formal extradition request in writing through diplomatic channels. The requesting state must translate it into Arabic and sign and certify it formally. The request must contain the person's name, description, pictures, and any other information that can help prove their identity, nationality, and whereabouts. The requesting state must also give the exact language of the law that applies to the crime or a copy of it, as well as the details of the sentence, together with a written warrant from the foreign court authority. A comprehensive outline of the case, including the type of crime, the exact actions the person is accused of, and the date and place of the offense, should be included. If already found guilty, then judgment evidence, such as an official copy of the judgment, proof that it can be carried out, and information about the term given. Judicial and Administrative Review The Central Authority verifies that formal requirements are met and then refers the request to the Public Prosecution. A Competent Court of Appeal hears the request in a closed session with the Public Prosecution and the person sought present. The Minister of Justice has to consent to the extradition if the court finds the request valid. Both the Public Prosecutor and the requested person have 30 days to appeal the court's decision before the Court of Cassation. Interpol Red Notice and Extradition An Interpol Red Notice is an international arrest alert that serves as a precursor which allows the UAE to detain a person urgently. This is, however, distinct from a formal extradition request, which is a more comprehensive legal and diplomatic request that must comply with the specific documentation and translation requirements outlined in Article 11 of the Law. INTERPOL is a neutral platform for international cooperation, however, it is not authorized to compel member states to make an arrest. Extradition and international arrest warrants (specifically INTERPOL Red Notices) are distinct legal instruments that collaborate to expedite the arrest and return of fugitives across borders. A Red Notice is a global request that is sent to law enforcement agencies worldwide to locate and provisionally detain an individual who is pending extradition, surrender, or some other form of legal action. People often think that a Red Notice is an international arrest warrant, which is not true. It is an international warning issued when a country requests an arrest warrant or a court order from its own judicial system. Extradition is the formal judicial procedure by which a person is surrendered by one state to another for the purpose of prosecution or serving a sentence. In the UAE, this is governed by Federal Law No. (39) of 2006. Grounds for Denying Extradition Extradition must be refused if any of the following conditions exist under Article 9: Citizenship: The person sought is a citizen of the UAE. UAE Jurisdiction: UAE laws provide jurisdiction to local judicial authorities over the specific offense. Political or Military Character: The offense is of a military nature or is a political offense. However, political offenses do not include terrorism, war crimes, genocide, or crimes against heads of state and their families. Discriminatory Purpose: There are substantial grounds to believe the request is intended to punish the person based on race, religion, nationality, or political opinion. Legal Finality (Ne Bis In Idem): The individual has been previously tried, acquitted, or convicted for the same offense, or the case has expired due to the statute of limitations. Conclusion The process of international alerts and extradition is elaborately designed to prevent individuals from being unfairly treated and to ensure that no border can be used as a simple escape from justice. In the UAE, the process is a strict legal journey governed by Federal Law No. 39 of 2006. It begins when a country sends a formal request through diplomatic channels to the Ministry of Justice. For an extradition to happen, the crime must be a serious one (usually punishable by at least a year in prison) in both the UAE and the requesting country. Ultimately, a UAE court must review the case, and the Minister of Justice must give the final approval before anyone is sent abroad. INTERPOL acts as the global messenger in this process. Their most famous tool, the Red Notice, is a powerful global alert that informs police in 196 countries that a person is wanted. People with an active notice are very likely to be arrested immediately when they try to cross a border, making foreign travel extremely risky for them. Even though these tools are necessary for global security, they are balanced by laws that protect people. People can contest these alerts through an independent organization known as the Commission for the Control of INTERPOL’s Files (CCF), ensuring that global policing remains neutral and fair. Author: Awatif Al Khouri
09 April 2026
Content supplied by Awatif Mohammad Shoqi Advocates & Legal Consultancy