Awatif Mohammad Shoqi Advocates & Legal Consultancy

The UAE government has implemented the civil personal status laws to regulate the personal affairs of the large population of non-Muslim expatriates who have chosen to live in the country.  These laws are rooted in the principles of common law and are pertinent to the family affairs of individuals. The civil status law comprises of the Federal Decree Law No. 41 of 2022 (“Federal Civil Personal Status Law”) applicable to non-Muslims in the UAE except in the emirate of Abu Dhabi and the Abu Dhabi Law No. 14 of 2021 (“Abu Dhabi Civil Personal Status Law”) applicable to non-Muslims in Abu Dhabi. The laws cover marriage, divorce, child custody, alimony and inheritance. Marriage under the Federal Law: Civil Marriages under the Federal Civil Personal Status Law falls under Article 5 and 6. Individuals may marry as per secular laws, regardless of religion and nationality. However, the law lays down certain conditions regarding civil marriages as listed below: The parties to marriage must be 21 years or more, as per official documents Parties must give free consent and sign a declaration. The parties must not be related by first or second degree. Thus, they must not be siblings, children, grandchildren or uncles. The parties must acknowledge whether they have other past or present marital relationships Other conditions may be imposed from time to time. Marriage under the Abu Dhabi Law: Abu Dhabi also allows marriage of non-Muslim expatriates under a civil contract as per secular rules, in accordance with Article 4 and 5 of the Abu Dhabi Civil Personal Status Law. The Abu Dhabi law also imposes conditions for a civil marriage, similar to the Federal Law. The key difference in the Abu Dhabi and the Federal Law is the marriageable age of the parties. The Abu Dhabi Law allows marriage at the age of 18 while the Federal law requires parties to be a minimum of 21 years old. Can tourists marry in the UAE? Civil marriages are possible in Abu Dhabi in cases of residents as well as tourists. Individuals looking to marry as per civil rules may do so by applying online, submitting the relevant documents, and paying the required fee. How many days does it take to process a marriage application in Dubai and in Abu Dhabi? In Abu Dhabi, the entire process takes approximately 15 days for confirmation. One may also choose the express service which can process a request within 1 (working) day. Dubai also enables couples to obtain a civil wedding license in just 24 hours. Do Civil Marriages in Abu Dhabi require witnesses? Witnesses are not mandatory for civil marriages. However, the parties may bring friends and relatives to witness the ceremony. Divorce under Civil Law Non-Muslim expatriates in the UAE can obtain divorce from their spouse under the civil laws, regardless of the place of marriage. Individuals can also request the application of the personal laws of the place of marriage in their divorce proceedings before the UAE courts. The UAE Civil Laws allow for a no-fault divorce. Consequently, parties are not required to establish fault or harm by the other party to obtain a divorce. Divorce will be granted if either party wants to discontinue the marriage. Moreover, civil law does not require the parties to undergo mediation through the family guidance department. Financial claims under civil Law Civil laws allow women to claim alimony after a divorce. The alimony is determined based on several factors as listed below: The number of years of marriage The age of the wife The financial situation of the parties The extent of the husband’s contribution to the divorce Whether either party has caused physical or moral damages Whether either party has suffered financially due to the divorce The wife’s role as a mother The civil status laws are of a huge benefit to the expatriate community that call UAE their home. Thanks to these laws, expatriates are no longer required to travel to their home countries to obtain a divorce as under Common Law or as per their personal laws. Instead, they can choose to settle family matters in the UAE and the procedures are sometimes simpler and more efficient than when carried out in their home countries. Author: Dr. Hassan Elhais

Legal consequences of drug trafficking in the UAE Drug trafficking refers to the international trade of drugs. It involves production, manufacture, packaging, transportation and regional distribution of drugs, sometimes carried out by organised criminal groups. The United Arab Emirates considers drug trafficking as a serious crime as it threatens public safety and morality. The country has issued strict legislations against drug trafficking and offenses can lead to lengthy imprisonment, ranging from years to life, deportation and/or substantial fines. What is the UAE Drug Law? The Federal Law Decree No. 30 of 2021 on Combating Narcotics and Psychotropic Substances is the primary law in the UAE (“Law”) against drug trafficking. Additionally, the Cabinet Decision No. 43/2024 (“Cabinet Decision”) lays down laws regarding the treatment of a non-resident foreigner when caught at the Ports of the UAE with possession of narcotic drugs or psychotropic substances. Prohibitions and Penalties for UAE Residents and Citizens Article 10 of the Law prohibits the import, export, transportation, production, manufacture, possession or acquisition of certain drugs listed in Schedule 1, 2, 4(1) and 5. This includes both synthetic drugs such as Alfentanil, Cocaine Morphine etc., as well as certain naturally occurring substances such as kava, Khat leaves, ergot etc. It is however permissible to carry out authorized and controlled medical uses and scientific research on the substances mentioned under this article, with the knowledge of the specialized scientific authorities. Article 10 of the Law absolutely prohibits the import, export, transportation, production, manufacture, possession or acquisition of certain drugs listed in Schedule 3, 6, 7 and 8 of the Law, except under strict authorization. Article 14 of the law states that certain drugs (as listed under schedule 4(2)) can be grown, brought in, imported, exported, owned, possessed, and acquired under strict authorization, in accordance with this law. This article pertains to naturally growing narcotics substances, and includes cannabis, opium, peyote and any other plant that produces Narcotics or Psychotropic Substances, in all stages of their growth, as well as their seeds. As per articles 57 and 58, violation of these laws can lead to hefty fines and imprisonment and the gravity of the penalties will be proportional to the quantity of drugs involved. However, if the offender is proven to have been involved in the trafficking or promotion of these drugs, or involved in an organised gang, they may be subject to the death penalty. What are the consequences of an individual abusing their authority? As per Article 59, if a person authorised to possess and acquire one of the substances mentioned in the Schedules, violates the purpose for which he is authorised, he will be sentenced to imprisonment for a period of at least five years and fined a minimum of AED 100,000. If the violation involves trafficking of drugs, they may be subject to the death penalty. Travel Ban and Seizure of assets To ensure that authorities are able to carry out investigations regarding the crime, they are authorized to impose travel bans on the individual and to freeze assets of the individual, or his family members, if the assets or funds are found to have been acquired through the crime. The court may order the freezing of the funds or prohibiting disposal or management thereof or travel ban until the completion of the trial. In case of crimes related to drug trafficking, if the perpetrator belongs to an organised gang that has committed such crimes in more than one emirate of the country or the effects of such crime extended to more than one emirate, judicial warrants issued by the Public Prosecution will be valid in all emirates of the UAE. Prohibitions and Penalties for Non-Residents of UAE If a non-resident of the United Arab Emirates is caught at one of the country’s ports in possession of narcotic drugs or psychotropic substances, he will be subject to Cabinet Decision No. 43/2024. As per the law, possession of these banned substances for the purpose of personal use, without authorization, will lead to a fine, deportation or permanent debarment from the country. The severity of the penalties is dependent on the type of drug, the quantity of the drugs in possession and whether the offender has previously committed the same offense. The fines may be between AED 10,000 and AED 100,000. The offender will be added to the list of permanently banned individuals, until the payment of the fine. Conclusion There has been a significant change in the way offenses related to drugs are treated in the United Arab Emirates. However, although penalties regarding possession of drugs for personal use have become less severe over the past few years, drug trafficking continues to be a major crime, involving severe penalties. Author: Dr. Hassan Elhais

In the UAE, family law is stipulated under three main regulations, namely, the Federal Decree Law No. 41 of 2024 on the Issuance on the Personal Status Law, governing Muslims across the country, the Federal Decree Law No. 41 of 2022, governing non-Muslims in the UAE, except in the emirate of Abu Dhabi, and the Abu Dhabi Law No. 14 of 2021, governing non-Muslims within the emirate of Abu Dhabi.  Gifts under the UAE Law The Federal Decree Law No. 41 of 2024 on the Issuance on the Personal Status Law (“Federal Personal Status Law”) has extensive provisions regarding gifts given at the time of betrothal and marriage. Article 11 of the Federal Personal Status Law defines betrothal as a man’s request to marry a woman, along with a promise of marriage. Thus, betrothal is a formal engagement of a couple that leads to a marriage, but is not considered a marriage by itself. Although a common ceremony, it is not mandatory. In accordance with Article 13, all presents exchanged during the betrothal period will be considered a gift, unless the fiancé states that what he presented is part of the dowry. Status of the gifts on the termination of the betrothal In case of termination of the engagement, all gifts that are valued above AED 25,000 must be returned, unless they were consumable or perishable by nature. However, this rule does not apply to engagements that were ended due to death, or for other reasons that were beyond the control of both parties. In case of gifts that were given to the fiancée as part of dowry, in the event of the termination of the betrothal, all such gifts must be returned.  If either party withdraws from the engagement, or dies before the marriage, the heirs of the fiancé have the right to reclaim any money or gift, or value of the gift, in case the gift no longer exists. If the fiancée used the dowry, or part of the dowry, to buy a trousseau for the marriage as per custom, and the betrothal was terminated by the fiancé, without any fault or reason on the part of the fiancée, then the fiancée has the option to either return the dowry, or deliver the items purchased in their current state, unless there is an agreement to the contrary. However, if the engagement was terminated by the fiancée, or without any fault on the part of the fiancé, then the fiancée must return the dowry or its equivalent, or its value at the time of receipt. Dowry As per Article 45 of the Federal Personal Status Law, dowry is the property paid by the man to the woman, under the marriage contract. This is an obligatory requirement of a marriage. The value of the dowry is determined by Federal Law No. 21 of 1997 Determining the Dowry in the Marriage Contract and the Expenses thereof (“Dowry Law”). The Dowry law provides a ceiling to the dowry to be demanded and/or paid to the wife at the time of marriage. As per Article 1 of the law, the advance dowry in the marriage contract cannot be more than AED 20,000 and the deferred dowry cannot be more than AED 30,000. The law also states that a wedding cannot last more than one day and no more than 9 camels can be slaughtered in the wedding ceremonies. In case of violations of the law, the marrying couple will not be granted the government’s marriage grant. Article 45 (2) of the Federal Personal Status Law states that the dowry is the woman’s property and she will have the sole right to dispose off the dowry in any way that she deems fit. Any provision in the marriage contract that breaches this right of the wife will be deemed as invalid. Postponement of the dowry Article 46 of the Federal Personal Status Law allows the parties to a marriage to agree to postpone the payment of all or part of the dowry. The parties may decide on a particular date for the dowry to be delivered or set a condition upon which the dowry must be paid. The condition for the payment of dowry may include the irrevocable separation of the spouses, or the death of one of the spouses. The Wife’s Right to Refrain from Intercourse and Moving into the Marital House As per Article 50 of the Federal Personal Status Law, a wife may refuse to move into the marital house until she receives her due dowry and until the husband provides her with an appropriate house in accordance with the husband’s financial capability. Furthermore, if the wife accepts to consummate the marriage before receiving her due dowry, it remains a debt owed by the husband and she may request it at any time she wishes, but she does not have the right to refuse thereafter if he provides her with an appropriate house. Conclusion: The family laws for non-Muslims under Federal Decree Law No. 41 of 2022 and Abu Dhabi Law No. 14 of 2021 does not provide for any dowry. However, dowry is an integral part of the Muslim marriage contract, under the Federal Personal Status Law. Although parties can decide on providing the dowry before, during or after the marriage, it is an absolute right of the wife and she is free to dispose off the dowry as per her wishes. Author: Dr. Hassan Elhais

The new personal status law under Federal Decree Law No. 41 of 2024 (“New Law”) has been enforced in the UAE since April 15, 2025 and the old family law under Federal decree Law No. 28 of 2005 (“Old Law”) is now officially abrogated. The New Law has brought in significant changes to the areas of marriage, divorce, child custody and alimony. This article offers a comprehensive study of the changes in the New Law: General changes 1. All time periods to be calculated as per the Gregorian calendar Article 2 of the New Law states that all time periods will be calculated as per the Gregorian calendar. The Old Law followed the lunar calendar. But now, age of majority for marriage, child custody and legal capacity will be determined as per the Gregorian calendar. 2. Choice of Applicable Law As per the Old Law, parties were allowed to apply the personal laws of their home country in family matters. After the Old Law underwent an amendment, it allowed the laws of the place of marriage, to be a choice of law that can be applied in family matters. The new Law under Article 1(2) states that parties can mutually determine which law is to be applied in the case. 3. Submission to family guidance The Old Law required the submission of family cases for mediation, to the family guidance department, before the case was to be presented before the judge, However, the New Law under Article 8 states that family cases will be reviewed by the court which will then decide whether the case can benefit from mediation. Only if the court decides to refer the case to mediation will the case be referred to the family guidance department. Changes in regulations around Marriage 1. Engagements Gifts As per Articles 13 and 14, gifts given as part of the dowry, and gifts exceeding the value of AED 25,000 must be returned in case the engagement is discontinued. However, perishable or consumable items and gifts valued less than AED 25,000 need not be returned in the event of the breakdown of the engagement. 2. Void Marriage in case of large difference in age between the parties As per Article 19 of the New Law, in case of an unmarried woman, the age difference between herself and her future husband must not exceed 30 years. 3. Proof of lineage Under the Old Law, children born in a marriage that was null and void were not given the right of lineage. However, the New Law grants these children the right of lineage even if the marriage is null and void. Changes in the process of Divorce 1. Usage of drugs, alcohol and psychotropic substances as a ground for divorce Article 80 of the New Law states that the usage of alcohol, drugs and psychotropic substances is a ground for divorce. Although this reason was used to obtain a divorce prior to the enactment of the New Law, it was not part of the Old Law. Rather, it was recognised as a ground for divorce by judicial precedent. However, after the issuance of the New Law, substance abuse is now a ground for divorce as per law. 2. Divorce due to illnesses Medical issues that prevent the continuation of marital relations continue to be a ground for divorce as was the case under the Old Law. However, the New Law alters certain conditions required for such a divorce. As per Article 69 of the New Law, if a person seeks divorce under this ground, the court may appoint an expert to determine the conditions of the illness and also provide a grace period of one year for medical treatment before granting the divorce. 3. Divorce due to abandonment The provisions relating to the ground for divorce due to abandonment of the spouse have also undergone changes. Under the old law, a person could seek divorce in case of abandonment by the spouse for more than a year. However, the New Law under Article 79(1) has decreased this period to six months. However, after a woman has been abandoned for six months, she must give the husband a six-month notice period to either move back to the marital house, or enable the wife to relocate to the husband’s new residence. 4. Divorce due to detention Detention of the spouse is another legal ground for divorce under the Old and New Law wherein a wife may apply for divorce if the husband has been granted a minimum of three years of imprisonment and he has already served one year of his prison sentence. However, Article 79(3) of the New Law imposes two new conditions. One is that the husband should not get out of prison during the case, and the other is that the time left for his imprisonment sentence should not be less than six months. 5. Changes in Khula provisions As per Article 68 of the New Law, if khula has been invoked between a couple, it must be registered in the court of law within 15 days. Any interested party may prove this by any means of proof before the court. Changes in laws regarding Child Custody 1. Age of custody One the most significant changes brought in by the New Law is the change in age of custody. Under the Old Law, after a divorce, the mother was given custody of children until the son attained 11 years and the daughter attained 13 years. However, Article 123 of the New Law has increased this age of custody to 18, regardless of the gender of the children. 2. Children’s right to choose The New Law also grants children the right to choose between their parents under Article 122 once they attain 15 years, provided the court does not determine that the children’s decision is against their best interest. 3. Educational guardianship As per Article 112 of the New Law, the educational guardianship of a minor child will be held by the mother. However, if the mother is not an efficient guardian, an application can be made to the Urgent Matters Court to grant the guardianship to an eligible person. 4. Implied consent Under the Old Law, if a person were to seek custody of a child due to changes in circumstances that made the current custodian ineligible, they were to do so within 6 months of first learning of such change in circumstances. However, the New Law under Article 115 has increased this time period to one year, granting individuals more time to initiate the legal process. 5. Right of the mother to custody under certain circumstances Article 120 of the New Law states that a mother does not automatically lose her right to custody over her children even if she abandoned her marital house. Furthermore, Article 113 states that a non-Muslim mother will have the right to retain custody over her children, even beyond the age of 5, as per the discretion of the court. 6. Possession of children’s document Under Article 117 of the New Law, the father of the child will have the right to hold the passport of the children while the mother will have the right to hold the identification document of the children as was the case under the Old Law. However, as per Article 124, the guardian can take custody of the identification documents from the custodian mother, if it is found that the mother has misused the documents. Articles 251 and 252 further states that refusal by a parent to handover the documents as per the law or misuse of the document for personal purposes will result in penalties and/or imprisonment. Changes in Laws regarding Maintenance and Alimony 1. Backdated expenses reduced to two years Although the Old Law allowed one to seek backdated expenses for the previous three years, the New Law under Article 99 has reduced this time period to 2 years. 2. Family support not restricted to monetary payments Article 96 of the New Law states that family support does not have to be in the form of money, but can also include other types of contributions. 3. Request for increased maintenance The Old Law allowed women to request an increase in the maintenance provided, after the expiry of one year from the previous order. Under Article 97 of the New Law states that the request for increased maintenance shall take retroactive effect and apply from the previous six months. 4. Rights over jointly owned property Article 105 of the New Law states that properties that are jointly owned by spouses cannot be rented or allowed to be used by a third party regardless of whether they are a relative of the couple, except with the consent of both owners of the property. 5. Extinguishing the wife’s right to Maintenance Under the Old Law, a wife would lose her right to maintenance if she abandoned her marital house or if she denied her husband his conjugal rights. The New Law under Article 103 states that along with the above scenarios, a wife will lose her right to maintenance if she refuses to travel with her husband without any justification. 6. Maintenance of the daughter Earlier, it was the father’s duty to provide maintenance for the daughter until she is married, and in case she is divorced or widowed. The New Law under Article 106 states that the father is not required to provide for the daughter if she starts working in these circumstances, as she now has a source of income to maintain herself. 7. Family support to take precedence over other debts The New Law distinguishes family support into two categories: a) continuous maintenance that go towards the current daily expenses of the family, and b) backdated expenses that is a debt that requires repayment. Consequently, in case a man becomes bankrupt, the continuous maintenance will be classified as a priority debt under Article 98 of the New Law that has precedence over other types of debts owed by the man, while the payment of backdated expenses is considered to be a normal debt.

The UAE law states that after a divorce, the father is obligated to provide child support for his children, under both Muslim law and non-Muslim law. Similarly, the husband may be ordered by the court to make payments to the wife in the form of alimony, unpaid maintenance, compensation, etc. Although these court ordered payments are compulsory, there may be instances where the payments are not carried out by the husband. In this article, we will understand the steps that will be undertaken by the court to ensure that court ordered child support and maintenance payments are made by the father. What are the various heads under which child support payment is ordered by the court? The UAE family law for Muslims clearly lists out the heads under which the father is to provide child support for his children before and after a divorce. Article 95 of Federal Decree Law No. 41 of 2024 (“Personal Status Law”) states that maintenance includes basic necessities such as food, clothing, shelter, medical care, and education. Consequently, in child support disputes, courts may order fathers to pay towards general expenses like food and clothing categorized as child support. Additionally, the court may also order payment of the rent for the house occupied by the children, tuition fees, transportation expenses, and health insurance. Furthermore, courts may also order the father to bear the expenses for domestic help if there is proven necessity for the same. What are the various heads under which the wife receives alimony from the husband after a divorce? Under Article 99 of the Personal Status Law, it is obligatory for the husband to provide for maintenance of the wife during the course of their marriage. This maintenance includes all the basic necessities under Article 95. However, this obligation ends with the dissolution of the marriage contract. Nevertheless, the court may order payment to the wife under various heads as listed below: a) Payment of backdated expenses for up to two years under Article 99(3): if the husband has not provided for the wife during the course of their marriage, the court may order the husband to pay the backdated expenses for up to two years. It is pertinent to note that a woman may be disqualified from receiving maintenance under ‘backdated expenses’ as per Article 103 of the Personal Status Law if it is proven that she refused to carry out her marital duties towards her husband. b) Payment of alimony and housing for the waiting period under Article 101: the court may order the husband to pay a rental allowance and maintenance for the waiting period depending on the type of divorce and whether the wife is pregnant. c) Payment of divorce compensation under Article 102: the husband may be ordered to pay compensation to the wife if the marriage was consummated and the divorce is at the sole discretion of the husband and without any request or fault from the wife. d) Temporary Alimony: The court may also order the payment of temporary alimony for the maintenance of the wife and children during the course of the divorce proceedings. Child support and Maintenance Under non-Muslim Laws The non-Muslim family laws, namely Federal Decree Law No. 41 of 2022 (“Civil Status Law”) and Abu Dhabi Law No. 14 of 2021 (“Abu Dhabi Law”), are based on common law principles such as equality between genders and equal custody rights over children. Therefore, husbands and wives have equal responsibilities towards each other and towards their children. Nevertheless, if the wife is unable to support the children, the court may order the husband to provide maintenance for the children in the form of child support. The court may also order the husband to pay alimony after a divorce, after determining the following factors: The duration of marriage The age of the wife The financial status of the parties The contribution of each party towards the decision for divorce Moral or financial damages caused by either party Custody expenses for up to two years after a divorce Diligence of the wife in her role as the mother of the children Bridging the gap between Court Judgements and enforcement The Execution Department of the Personal Status Courts deals with the execution of judgments in family matters. When a party seeks to enforce a personal status court judgment, then they need to register an execution case before the Execution Court. Once an execution case is opened, the court notifies the husband to make payment as per the court notification within the specified period mentioned in the notice. In case of non-payment of child support and alimony by the husband, the execution applicant, who is the party enforcing the judgment, may request the Execution Court to attach and transfer funds based on investigation through central bank investigation and attachment of the husband’s file to block any transaction with the departments such as road transport authority, land department, and economic department, request for a travel ban on the husband, and also an arrest warrant can be issued if the judgement is not complied with. Author: Dr. Hassan Elhais  

How can a family court decision be appealed?  Although it is easy to obtain information regarding family laws in the UAE, people are generally unaware about the procedural aspects of the family court process. In this article, we will look at the court procedures once a decision is issued by the Court of First Instance in the UAE. Hierarchy of Court: The UAE has three levels in its judiciary comprising of the following: The Court of First Instance The Court of Appeal The Court of Cassation The UAE judiciary allows a three-tier litigation system where a judgement can be appealed twice, to ensure that all aspects of an issue are addressed adequately. The Court of First Instance In family cases, a dispute, whether regarding divorce, inheritance or other family matters, is initially brought before the Court of First Instance, commonly known as the Personal Status Court. This Court has the authority to understand the facts and evaluate the documents and evidence presented in the case and to derive what it deems consistent with the reality of the case and its merits without being subject to review by the Court of Cassation, as long as its ruling is based on valid reasons with a foundation in the papers sufficient to support it (as established in Dubai Court of Cassation Appeal No. 104 of 2018 - Personal Status). After the judgement is issued by the Court of First Instance, the case can be appealed before the Court of Appeal. What is the process of appeal in family cases in the UAE? Once a judgement is issued by the Court of First Instance, either party to the case can appeal the judgement if they are dissatisfied with the whole or part of the judgement issued. As per Article 161 of the Federal Decree Law No. 42 of 2022 on the promulgation of the Civil Procedure Law, an appeal to the judgement must be filed within 30 days of the issuance of the judgement. Court of Appeal The Court of Appeal reviews decisions issued by the Court of First Instance. In case both parties have appealed the decision, the two appeals will be combined to hear and issue judgement. Both the Court of First Instance and the Court of Appeal are categorized as trial courts and have the power to examine the facts and evidence of the case. The Court of Appeal can re-examine the facts and evidence on the request of the parties, if the court deems it necessary. It is legally established according to the settled jurisprudence of the Dubai Court of Cassation Appeal No. 104 of 2018 - Personal Status that the Appeal Court is not obligated to respond to every non-legal inference challenged by the parties, nor to follow them in all their lines of defense and various arguments and reasons, nor to respond to each of them or to the documents they submitted independently, as long as the truth it is convinced of and its evidence provide an implicit response negating all that is contrary to it. Furthermore, the Court of Appeal can uphold the appealed decision and this ruling is considered sufficiently reasoned if the court adopts the reasons of the First Instance Court ruling that it upholds, provided that those reasons sufficiently justify the appealed decision. Court of Cassation If either or both parties to the case disagree with the judgement issued by the Court of Appeal, and  if the appeal is based on a violation of the law or an error in its application or interpretation, the parties may appeal the decision before the Court of Cassation. As per Article 9 of the Federal Decree Law No. 41 of 2024 regarding Personal Status Law, such appeal must be filed within 30 days of the issuance of the judgement. An appeal by way of cassation is essentially an objection against the ruling being appealed. Therefore, it is necessary that the arguments against an appealed ruling are directed at a specific defect upon which the appealed ruling is founded. If the appealed ruling lacks such a defect, the arguments posed by the appealing party may not be accepted.  The Court of Cassation does not re-examine factual matters as they fall within the discretionary power of the trial courts and outside the scope of scrutiny of the Court of Cassation. Possible Outcomes of Appeal If a judgment  is appealed, what are the possible outcomes that can be expected? If a court judgement is appealed before the Court of Appeal then the Appeal Court may either completely or partially quash and decide on the merits of the case. It may dismiss the appeal after confirming the decision of the lower court. In some cases it may also return the case to the lower court for retrial. When does a judgement become final? A judgement by the Court of First Instance and the Court of Appeal will become final on the expiry of the time period within which the judgement can be appealed. The judgments of the Court of Cassation are considered final. Author: Dr. Hassan Elhais

The United Arab Emirates has emerged as a multicultural global city with people from various countries, religions and belief systems. The country continuously works towards building a land where these communities can grow and thrive. This is reflected in the legal landscape of the country that has undergone numerous changes in the last few years. What is the law governing family and personal matters in the UAE? The UAE family law comprises personal laws for Muslims and non-Muslim. The personal status Law governing Muslims is stipulated under Federal decree Law No. 41 of 2024(“Personal Status Law”). The law is based on Sharia principles and is applicable to both locals and expatriates in the UAE. The Federal Decree Law No. 41 of 2022 (“Federal Civil Status Law”) governs non-Muslims in the country except in Abu Dhabi where a separate law namely Abu Dhabi Law No. 14 of 2021 (“Abu Dhabi Civil Status Law”) governs the non-Muslims belonging to that jurisdiction. What is the child custody law in the UAE? Personal Status Law Under the Personal Status Law, Child Custody post a divorce involves specific roles for mothers and fathers. Mothers are generally made custodians of the children, until children reach the age of 18. As a custodian, a mother is required to ensure the day-to-day care and wellbeing of the children. Consequently, children at this age live with their mother. On the other hand, fathers are given guardianship over the children. Guardians are to bear the financial responsibilities of the children and help in key decision making. Under the Personal Status Law, children have a right to choose the parent that they want to live with once they reach 15 years, provided that the court does not deem such choice to be against the wellbeing of the children. Civil Status Law The Federal Civil Status Law and the Abu Dhabi Civil Status law both provide for joint custody of children in case of divorce of the parents. Consequently, both parents are given equal rights and duties over their children. Both the father and the mother must contribute to the day-to-day care and wellbeing of the children, as well as their financial responsibilities. Parents may decide on how to bifurcate this responsibility. However, if they are unable to agree to the terms and conditions of joint custody, they may seek the help of the court. The right to joint custody can be waived by one of the parents. Parents may also be disqualified from custody over the child due to various factors as stipulated by law. In such cases, the other parent will have sole custody of the child. Can a custodial parent stop the other parent from visiting the children? Although parents are given distinct roles in the lives of the children, the law is clear that both parents have a right to visit and spend time with the children who do not live with them. This is clearly stipulated under Article 121 of the Personal Status Law. The Article states that if the child is in the custody of one parent, the other parent has the right to visit, spend time with, and take the child along for overnight stays, according to what is mutually agreed between the parents. If the parents are unable to agree upon a visitation schedule, the court will design a schedule as per the best interests of the children. In case the custodian parent does not allow the other parent to visit, the court has the right to implement the decision by force. In case of Civil Status Law, Article 10 clearly states that children have the right to not have either parent solely dominating their raising and seeing, in order to preserve the psychological health of the child in custody and limit the effects of divorce on the children. The Cabinet Decision No. 122/2023 on the Implementing Regulation of Federal Decree-Law No. 41/2022 gives clear guidelines to govern the visitation rights of the non-custodial parent. The UAE laws regarding child custody are based on the principle of ‘best interests of the child.’ This principle is also followed by the court while interpreting the laws and issuing judgments involving children. It is important for both parents to be involved in a child’s life to ensure their holistic development. Therefore, both the law and the court precedents ensure that divorced parents set aside their hostilities and participate in their children’s lives. Author: Dr. Hassan Elhais

In the UAE, custody of children is governed by the UAE family law, consisting of Federal Decree Law No. 41 of 2024 on the issuance of the Personal Status Law which governs Muslims in the UAE (“Federal Personal Status Law”), Federal Decree Law No. 41 of 2022 on the Civil Personal Status, governing non-Muslims in the UAE, except in the emirate of Abu Dhabi (“Federal Civil Personal Status”) and Abu Dhabi Law No. 14 of 2021 concerning the Personal Status for Non-Muslim Foreigners in the Emirate of Abu Dhabi (“Abu Dhabi Civil Personal Status Law”). Custody of children under Muslim law The Federal Personal Status Law is based on sharia principles. Therefore, after a divorce, as per Article 112 of the law, the father of the children obtains guardianship rights over the children, while the mother of the children is granted custody rights. Custody refers to the day-to-day care and responsibility of the children, including managing their food, clothing, health and wellbeing. Consequently, the custodian obtains physical custody of the children. On the other hand, guardianship refers to the overall supervision of the affairs of the children. In addition to guardianship, the father also obtains the financial responsibility over the children. Under Article 123 of the Federal Personal Status Law, the mother has custody over the children until the children attain the age of 18. However, as per Article 122, children are allowed to choose between the parents when they turn 15, provided that the court deems that their choice is in their best interests. Disqualification of custody rights under Muslim Law A mother, or any other person, may be disqualified from obtaining custody over the children in the following cases: if she suffers from a contagious disease that poses a risk to her children if she does not have the ability to raise children in a good manner, and to oversee their education in case of a woman, if she is married to a man who is not related to her children, unless the court decides that living with the mother is in the best interests of the children if she is convicted of a crime involving turpitude if she is addicted to intoxicants or other psychotropic substances if she does not share the same religion of the child, unless the court decides that living with the mother is in the best interests of the children In certain cases, a mother may obtain custody over her children, but this right may be forfeited. This may occur due to the following reasons: If any of the reason required to obtain custody are not met If the custodian moves to a place, with an intention to live there, against the best interests of the children If she starts to live with a person whose right to custody has been revoked for reasons other than health If the custodian commits reprehensible behavior that affects the child. Can a mother regain custody of children after forfeiture of her right? Article 115(2) of Federal Personal Status Law clearly states that a person can apply to the court to regain their custody right after forfeiture, if the reason for forfeiture has been removed. Moreover, UAE courts prioritizes the best interests of the children while issuing any decisions governing children’s rights. Can a Muslim mother regain custody rights if the rights were rescinded in a divorce settlement agreement? Custody rights may change due to changing circumstances. The father’s right to custody may also be challenged for disqualification due to the reasons provided under articles 113 and 114. Therefore, a mother can claim custody rights over her children based on a change in circumstances. Child custody under non-Muslim Law Federal Civil personal Status Law and the Abu Dhabi Civil personal Status Law allows for joint custody over children, after the divorce of their parents. The Abu Dhabi Civil Personal Status Law under Article 9(1) states that it is the right of the children to be raised and seen by both parents rather than by one of them exclusively, in order to maintain the mental health of the concerned child and to limit the repercussions of Divorce. Consequently, as per Article 16(4), the Abu Dhabi law allows joint custody over the children until the children attain the age of 16. The Federal Civil Personal Status Law, under Article 4(4) allows joint custody until the age of 18. Disqualification of custody under the non-Muslim Law In accordance with Article 33 of Abu Dhabi Decision No. 8/2022 on the Approval of the Regulation of Civil Marriage and Divorce Procedures in the Emirate of Abu Dhabi, an application can be made to the court to disqualify a parent from joint custody in the following cases: if the child is at a risk of exposure of domestic violence or ill-treatment. If a child is subject to inadequate living conditions provided by the joint custodian if a child has specific health needs that the joint custodian is unable to provide. in cases of behavioral, psychological or mental problems of the parent that may harm the Child or expose him to danger or neglect. if the parent fails to devote time to care for the Child if the child does not wish to be under the custody of a parent provided that s/he has reached 12 years of age. in cases of abuse of drugs, alcohol or any psychotropic substances. if the parent suffers from health issues that stops them from carrying out their duties with respect to child care. if the parent remarries Any other reasons determined by the Court. Similar reasons apply for disqualification of custody rights under the Federal Civil Personal Status Law as per Article 18 of Cabinet Decision No. 122/2023 on the Implementing Regulation of Federal Decree-Law No. 41/2022. However, under this law, if a child does not wish to continue living with a parent, an application to that effect may be made if the child has attained 18 years of age. Conclusion Although the family law in the UAE is made up of three different regulations, the children’s welfare and their best interests are always given the most importance while making decisions regarding child custody and child affairs. Dr. Hassan Elhais

The Legal Framework of Alimony under Abu Dhabi Law In a recent development, a woman filed an application for a landmark divorce settlement of AED 1 billion, before the Abu Dhabi Civil Family Court. This follows after the same court awarded an American woman in the UAE more than AED 100 million in a divorce settlement, making it a record settlement in the country. The Abu Dhabi Civil Family Court handles personal status matters of non-Muslims in the emirate of Abu Dhabi. These matters are governed by the Abu Dhabi Law No. 14 of 2021 (“Abu Dhabi Civil Personal Status Law”). Abu Dhabi Civil Personal Status Law Until the issue of the Abu Dhabi Civil Personal Status law in the year 2021, the UAE courts primarily applied the sharia based Federal Decree Law No. 28 of 2005 which did not allow for spousal maintenance after marriage or the division of property not co-owned by the now former wife. This was drastically changed with the issue of the Abu Dhabi Civil Personal Status Law. Under this Law, non-Muslim women in the UAE are now able to obtain alimony under certain circumstances, as prescribed by the law. Who can apply for divorce and alimony under the Abu Dhabi Civil Personal Status Law? As Muslim in the UAE are governed by the Federal Personal Status Law under Federal Decree Law No. 41 of 2024, and non-Muslim outside Abu Dhabi are governed by the Federal Civil personal Status Law under Federal Decree Law No. 41 of 2022, the jurisdiction of the Abu Dhabi Civil Personal Status Law is limited to the following groups of individuals: Non-Muslim nationals in Abu Dhabi Foreigners in Abu Dhabi who hold the nationality of a country that does not apply the provisions of Islamic law in personal status matters If a foreigner in Abu Dhabi has multiple nationality, the nationality used according to his residence in the UAE will be considered. A marriage concluded in a country that does not apply the provisions of Islamic law primarily in matters of personal status A marriage concluded under the provisions of Civil Marriage in Abu Dhabi. Any other case as determined by the competent authority from time to time. Alimony under the Abu Dhabi Civil Personal Status Law Alimony is the court ordered financial support provided by one spouse to another, after a divorce. According to Article 8 of the Abu Dhabi Civil Personal Status Law, upon the issuance of divorce, a wife may make an application to the court for alimony from her former husband. The application form is available on the official court website. The final alimony amount and the duration within which this amount is to paid, is subject to the discretion of the court after assessment of the following factors: The duration of marriage: a longer marriage will result in a higher alimony and vice versa. Age of the wife: the alimony increases with the age of the wife. The economic status of each spouse: this is inferred from an accounting expert’s report prepared by an accredited expert at the Department to assess the economic status of each spouse. The contribution of the husband to the divorce: whether his neglect of the children, abuse or any other actions that led to the divorce Material or moral damage caused by either party to the other Financial damages that affect any spouse due to a unilateral Divorce. In the presence of children, the father must bear expenses and costs of the mother’s custody of the children during Joint Custody, for up to two years as per the findings of the accounting expert’s report. Alimony will also depend on the mother’s commitment, or lack thereof, to the children In all cases, the alimony will no longer be paid to the former wife in case she marries another man. Apart from the above factors provided in the Abu Dhabi Civil Personal Status Law, the court may also consider the factors listed below, as per Article 16 of the Abu Dhabi Decision No. 8/2022 on the Approval of the Regulation of Civil Marriage and Divorce Procedures in the Emirate of Abu Dhabi (“Cabinet Decision”). The level of education and university degrees. The extent to which the wife forfeited her career or its growth to raise the children. Whether the husband stipulated that the wife should not work. The standard of living which the wife and children were accustomed to during marriage. The wife's contribution to the husband's wealth. The wife's health condition. The wife’s employment status and her ability to work. The physical condition of the spouses at the time of the divorce. The wife’s wealth and available sources of income according to the Expert Report. The number of children, their ages and their need for care. The difference in income between the spouses and the financial dependence of one of them on the other Calculation standards adopted by the court According to Article 18 of the Cabinet decision, the court will adopt a standard guide to calculate the alimony as per the following a percentage of the monthly income - the court may decide that a cash percentage of up to 25 % of the husband’s last monthly income multiplied by the number of years of marriage. Percentage of the husband’s property and wealth - A percentage (in kind or in cash) of the market value or the purchase value, whichever is greater, of the husband’s property and wealth, including real estate, financial investments such as shares or bonds, and movables owned or registered in the husband’s name such as valuables and means of transportation of all kinds the value of contribution to any joint properties between the parties. Conclusion Although the Abu Dhabi Civil Personal Status Law and the corresponding Cabinet Decision lay down standards to be adopted and factors to be considered, ultimately, the Court has the discretionary power to decide the alimony amount according to the circumstances of the divorce. It may also increase or decrease this amount and estimate the method of its calculation, its payment and whether this payment must be carried out as instalments, or as a one-time payment, according to the results of the Expert Report after the assessment of the financial situation of the spouses. The Abu Dhabi court thus ensures a decent living for the divorced woman and the children while ensuring that the father does not incur financial costs that exceed his financial capabilities. Dr. Hassan Elhais

In the recent years, there has been a boom in social media users who provide financial information to their followers. These users, referred to as “finfluencers” provide financial recommendations to their audiences, advising them on various investment options and their short term and long-term effects, oftentimes undermining the risks involved. The information is generally propagated through short and long format videos that amass millions of views and impact a large number of individuals. However, instances where the finfluencers have provided wrong information, or published information to serve their personal interests, have shown the requirement of regulating this area of social media. Without regulation, these finfluencers may promote unsuitable products, misguide their audience, or engage in practices like pump-and-dump schemes, leading to financial losses among their followers and viewers. UAE’s Securities and Commodities Authority (SCA) has issued Resolution No. 10 of 2025, a regulatory framework for finfluencers, a first of such law in the Middle East. The regulation was issued in May 2025, and took immediate effect following its publication. The regulation defines a finfluencer as any person who provides financial recommendation, registered with the competent authority. Thus, the new law mandates the registration of a finfluencer and provides a framework regarding licensing requirements. Registration of Finfluencers To register as a finfluencer, one must fulfil the following conditions: a) They must be a financial analyst accredited by a competent authority or hold a Certified Financial Analyst certificate and be an independent, i.e., not employed by any entity licensed by the Authority or an equivalent supervisory entity. b) They must be an influencer having a minimum of 1000 followers. c) They must possess financial and technical experience in the financial or investment field for not less than six (6) months. d) They issue constant professional recommendations more than once based on foundations, studies, standards and analyses. To register with the authority, a registration fee will be levied, to be paid after the approval by the authority. On application, the process will be finalized within five working days and the application may be approved, approved with conditions, or rejected. The authority will state the conditions for rejection. The finfluencer license will be required to be renewed annually. Obligation of a finfluencer: The law imposes certain obligations on the finfluencer as per Article 5 of the resolution: a) Disclose vital information The law requires the finfluencer to display their own name, registration number and the name of the participant, if any. They must also display whether they are a financial analyst or a physical person. b) Disclosure regarding the information broadcasted The finfluencer is required to differentiate between facts, statistics, estimates, opinions, personal experience etc., when providing information. They are also required to provide their sources of information. The law requires finfluencers to be objective, transparent, and impartial, and advices against bias and exaggeration. The law also clearly states that finfluencers must not provide misleading information and ensure that the information provided is up to date. They must also inform the audience whether their recommendations are related to high-risk products. c) Disclosure regarding conflict of interests The finfluencer must clearly disclose all circumstances that affect the objectivity of their financial recommendation. They must also reveal whether they have received any consideration for promoting the financial instrument or information. If a third party participates in their recommendation, they must reveal whether such person holds or held any position of influence in relation to the financial recommendation. d) Obligations with respect to the publication of financial recommendation If a finfluencer publishes financial recommendation issued by a third party, they must disclose the identity and details of the third party, and the circumstances that could affect the objectivity of the finfluencer with respect to the recommendation. They must also publish the date and time of publishing the information. e) Obligation to maintain and submit records and documents whenever required by the competent authority f) Obligation to attend periodic training programs and observe code of ethics issued by the authority g) Obligation to inform an investor of the importance of obtaining specialized advisory opinion from entities licensed by the authority before making any investment decision, in accordance with the investor's capabilities and investment objectives Conclusion Resolution No. 10 of 2025 issued by the SCA is a welcome step in regulating the unchecked flow of financial information on social media. The new law will help in curbing misinformation in the guise of financial advice, thus protecting the interests of unsuspecting social media users. The law will promote qualified financial advisors in coming to the forefront, and ensure that verified and up to date information is granted to the public.

The UAE has established a comprehensive system of laws and registries for the draft and execution of Wills. This has been done for the benefit of the large expatriate community in the UAE who own movable and immovable assets in the country.  Although it is advised to execute a Will in the UAE for UAE based assets, in case a person has died leaving behind a Will registered outside the UAE, but covering assets in the UAE, this article will give you a brief overview of the procedures and limitations in executing a foreign registered will. Procedure of Executing a foreign registered Will How to execute a foreign will in the UAE? If a deceased person’s foreign will is not registered in the UAE, it will need to undergo certain steps before it can be executed in the UAE. The foreign Will must be registered as per the prescribed law. The Will will need to be notarized in the country where it was registered, in the UAE embassy and with the Ministry of Affairs in the UAE. All additional authentication must be followed as prescribed by law, Translation to Arabic As the UAE court language is Arabic, the Will must be translated to Arabic. Ratification of the Will by UAE local court The will needs to be ratified by a UAE family court, for probate and execution. The UAE court may scrutinize the Will to ensure its provisions don't contradict UAE public policy. In case of Muslim Will, it must not contradict Sharia principles, especially regarding inheritance. The court will pass an execution order to execute the foreign Will. Risks and limitations in executing a foreign will in the UAE Although one may successfully execute a foreign Will in the UAE to dispose UAE based assets, there are certain risks and limitation involved. Time consuming notarization and legal process The notarization procedure and the following litigation may be time consuming, resulting in a delay in the execution of the will Frozen assets Until the completion of the legal procedures, the assets, including real estate and bank accounts will be frozen. Consequently, essential funds may become inaccessible to dependents of the deceased. Application of UAE local Law If the Wills are against public policy or does not meet the criteria prescribed under UAE laws, the assets may be distributed as per UAE local laws, i.e., under Federal Decree Law No. 41 of 2024, in case of Muslims, or Federal decree Law No. 41 of 2022 in case of non-Muslims outside Abu Dhabi, or Abu Dhabi Law No. 14 of 2021, in case of non-Muslims in Abu Dhabi. This may result in the assets being distributed contrary to the wishes of the deceased person. Registration and Execution of a Will in the UAE: Depending on the law under which a Will is to be executed, there are various ways to create a Will. Sharia compliant Will A sharia compliant Will may be registered in the UAE local courts before a notary public. However, under sharia-based Wills, only 1/3rd of the estate of the deceased will be disposed of as per the will. The remaining assets are required to be distributed in accordance with the sharia law. DIFC Will The DIFC Wills is a joint effort by the Dubai government and the Dubai International Financial Center (DIFC) Court. Non-Muslims looking to register Wills regarding assets or appointing guardians for their minor children can register their Wills with the DIFC Wills registry. Abu Dhabi Civil Family Court Will Both non-Muslim and Muslim Expatriates can register a Will through the Abu Dhabi Civil Family Court. The Judicial Department website provides a standardized Will template in both English and Arabic that can be used to draft a Will. One can also draft an independent Will with the assistance of a UAE lawyer. Thereafter, the Will must be registered with the ADJD Civil Wills Section. People generally view a Will as a legal requirement to be drafted in the distant future. However, a Will is an important document to ensure that your wishes are respected and followed effectively after your death. To avoid legal complications, it is highly recommended that a Will is registered in the UAE to cover assets in the country. This will avoid undue delay and confusion in the execution process.

The Media Council of UAE has mandated that all social media content creators who publish promotional, whether for a fee or for free, must now do so with an advertiser permit. This step has been taken to ensure regulatory compliance, promotion of quality talent and content, and for better transparency. UAE Media Council The UAE Media Council was established by Federal Decree Law No. 57 of 2022 to propose legislations, regulations, and standards necessary for the regulation and licensing of the means of information and media activities including social media and electronic publication, and to supervise their implementation. It also coordinates with government media entities in the UAE to align the national and local media policies, to support the Federation, and to highlight the concept of identity and national unity. Adviser Permit The Council has now made it compulsory for all individuals who publish advertising content on their social media platforms to obtain an Advertiser Permit. The permit is necessary regardless of whether the advertisement is carried out free of cost, or for a fee. The permit is a step towards developing a flexible regulatory environment that is able to keep up with the rapidly changing nature of the media industry. The permit will also help in ensuring the quality of the content created, attract skilled creators and increase the potential of the social media influencer sector for investment. Another major benefit of issuing permits is to reduce or eliminate misleading content, or content that can harm the general public. Unhindered advertisement on social media platforms can incentivize unregulated content that may be ambiguous or plainly deceptive. With government regulation, content creators will have a sense of responsibility to ensure the validity of the products that they are advertising or promoting. The new permit will also help in the development of the advertising content economy and enhance the competitiveness of the digital advertising sector in the UAE. It will help in enriching the media landscape with high-quality advertising content. Permit provided for free for three years The advertiser permit has been declared to be free for three years for UAE citizens and residents. This is a commendable step by the government as it will work to support UAE content creators and provide them a push. However, content creators are required to apply for the permit and once issued, these permits will be valid for one year in case of residents and citizens of the UAE, after which the permit may be renewed. Visitor Permits Although the one-year permit is issued to citizens and residents of the UAE, visiting content creators in the country may apply for a "Visiting Advertiser Permit”. This permit will be valid for a period of three months, after which it may be renewed for a similar period of time. Registration as a visiting advertiser is required to be completed through a licensed advertising agency or talent management agency duly authorized to operate in the UAE and approved by the UAE Media Council. How to apply for a Social Media Advertiser Permit? The applicant must be at least 18 years of age to apply for the permit, although some exceptions may be granted as per the decision of the council. the applicant must have good conduct. He/she must not have violated media content guidelines in the past. In case of UAE citizens and residents applying for the one-year permit, they must have a trade license to practice electronic media from the relevant authority. In case of visitors applying for the visitor permits, they must be registered under an advertising agency or talent management agency accredited by the Council. To apply for the permission, visit the UAE Media Council’s official website. When is an advertiser permit not required? The council has specified certain scenarios where an advertiser permit is not required, as listed below: In cases where an individual is advertising their own products or services or those of a company they own via their personal accounts In cases where the individuals are under the age of 18, and engage in educational, sports, cultural, or awareness-related activities, in line with the age classification stipulated as prescribed by law.   Guidelines for Permit holders After receiving the Advertiser permits, content creators must abide by the following: The content creators must comply with the existing media content standards They must conduct basic due diligence and ensure that the advertiser is not a fake company, a person using a pseudonym, or that the agreement was not conducted through a bank account with a fictitious or fraudulent identity They must clearly display the permit number on their social media accounts They must only publish advertisements through accounts registered with the Council and linked to the issued permit They must ensure that no other person or party advertises through their registered account If special approvals are required for any advertisement content, the creator must obtain such approval from the relevant authorities. Conclusion As the social media influencer industry continues this rapid growth, this regulation will ensure that content creators obtain legitimacy, and can operate ethically, and with transparency.

Marriages in the UAE are governed by the UAE family laws which include the personal status law and the civil status laws. The civil status laws include Federal decree Law No. 41 of 2022 governing non-Muslims in the UAE except in the emirate of Abu Dhabi and the Abu Dhabi Law No. 14 of 2021 applicable to non-Muslim in Abu Dhabi. The Personal Status Law is stipulated under Federal Decree Law No. 41 of 2024 and governs all Muslims in the UAE, both nationals and expatriates. The law also covers any family matter that is not covered by the civil status laws. Under Article 16 of the Personal Status Law, marriage is a contract between a man and a woman with the intention of perpetuating the marital relationship to establish a stable family. For a valid marriage, the following criteria must be met: Offer and acceptance by the spouses Presence of a guardian. Both parties must have attained 18 years of age Free consent Can a woman get married without the approval of her guardian? Although Article 18 states that the presence of a guardian is one of the necessities of a valid marriage, as per Article 24, if the guardian tries to prevent a woman from getting married to an eligible man with a fair dowry, then the woman can request the court to undertake the marriage. The court may also transfer her guardianship to another person who it deems is appropriate. Can a father withhold approval for the marriage of his daughter? Article 24 states that the rule applies even if the guardian is the father of the woman. The marriage shall be organized by the court upon the woman’s request or another interested party. Moreover, the court may transfer the woman’s guardianship to another guardian or delegate it to someone else should the court deem such actions appropriate and beneficial. Is a guardian required under a civil marriage? As the presence of a guardian is an Islamic requirement, marriages under the Civil Law do not require the presence of a guardian. Thus, non-Muslim couples marrying in the UAE do not need the presence of a guardian to validate their marriage. Author: Dr. Hassan Elhais

Inheritance is a very important aspect of family law. It is the branch of law that ensures welfare of family members and the continuity of the family unit after the death of an individual. Inheritance law in the UAE includes the disposal of an estate after a death, whether the individual died intestate or after having made a will. Apart from this, an inheritance judge has the authority to prove death, appoint a guardian for minors and a guardian for the estate, settle civil real estate or commercial disputes arising from the estate or any plea related to the removal or inclusion of heirs, bequests, endowments, or settlements. In this article, we will understand the way in which a person’s estate is disposed of after his death. Death Certificate and Funeral After a death, the government will issue a death certificate which must be submitted for registration with the UAE's Ministry of Health and Prevention, Ministry of Foreign Affairs and the Department of Naturalization and Residency of the Emirate of residence. In case of an expatriate death, the embassy or consulate of his country in the UAE must be contacted for further formalities. The expenses towards acquiring the death certificate and funeral expenses must be extracted from the deceased’s estate proceeds as per Article 201 of Federal Decree Law No. 41 of 2024 (“Personal Status Law”) and Article 25 of Cabinet Decision No. 122/2023 on the Implementing Regulation of Federal Decree-Law No. 41/2022 (“Civil Status Law”). Succession Certificate/ Inheritance Certificate The succession certificate lists out the legal heirs of a person. This document is the first step towards initiating the process of distribution of estate. The certificate is issued by the personal status court, upon opening a file before the court for this purpose. One will be required to submit several documents related to the deceased person, as well as information of the heirs, to obtain the succession certificate. Wills A will is a legal document that contains specific instruction on the disposal of the properties of a person, after his/ her death. Although wills are generally associated with properties, they may also contain instruction on other matters, such as guardianship of children, or other directions to family members. In the UAE, both Muslims and non-Muslims can create a will and register the will with the competent authority. In case of expatriates, they can request that their Will be governed as per the laws of their home countries, in case of disputes. Muslim wills will be disposed of as per Federal Decree Law no. 41 of 2024 regarding Muslim Personal Status Laws. Inheritance in the absence of a will under the Muslim Law The Federal Decree Law No. 41 of 2024 stipulates the details regarding the inheritance of assets after the death of an individual. These stipulations are covered in Articles 200 through 250. These articles explain the individuals recognised as legal heirs, the distribution of shares allocated to each heir, and the factors that lead to the disqualification of heirs. One of the principal aspects of Muslim inheritance law is that only 1/3rd of the estate may be allocated by a will. If the heirs do not consent to exceed the limit then 2/3rd of the estate must be distributed as per the Muslim inheritance law. Inheritance in the absence of a will under the non-Muslim Law Under the civil status law, both Federal decree Law no. 41 of 2022, and Abu Dhabi Law No. 14 of 2021, in the absence of a will, half of the inheritance is to go to the husband or wife, and the other half is to be divided equally between the children, without distinction between males and females. If the deceased has no children, the inheritance will devolve to the parents of the deceased, if alive, equally, or half of it to one of them, if the other is dead, and the other half to the siblings of the deceased, or all the inheritance shall devolve to a parent, if the other is dead and there is no spouse, child or brother of the deceased, and if both parents are dead, all the inheritance will devolve to the siblings of the deceased equally, without distinction between males and females. With the exception of the above, any of the heirs of an expatriate may request the application of the law that shall be applied to the inheritance, according to the provisions stipulated in the Civil Transactions Law, unless there is a registered Will stipulating otherwise. To ensure the smooth transfer of assets after death, it is highly recommended to create a will. Ensure that the will is created with the help of a competent lawyer, to eliminate any potential discrepancies and to avoid litigation in the future that could lead to undue delays in the distribution process, leading to vital resources being inaccessible to your loved ones. Author: Dr. Hassan Elhais

Introduction: The Federal Decree-Law No. (8) of 2017 on Value Added Tax (VAT law) governs the application of value added tax in the UAE along with its Executive Regulations (Cabinet Decision No 52/2017). Cryptocurrency mining taxation is becoming more important as cryptocurrencies increase in popularity in the UAE. The federal tax authority of the UAE has issued new guidance on how VAT shall apply to crypto mining under the VAT public clarification [VATP039]. This clarification mainly focuses on crypto mining done using the proof-of-work method. Popular cryptocurrencies, like bitcoin and other cryptocurrencies, fall under this category. Article 1 of the VAT laws states that VAT is the tax imposed on the import and supply of goods and services at each stage of production and distribution, including the deemed supply. The term "taxpayer" refers to any individual who is required to pay tax in the state, regardless of whether they are a taxable person or an end consumer. What is cryptocurrency mining? Mining cryptocurrency is the process where specialized computers, also known as mining rigs, validate blockchain transactions for a specific cryptocurrency, for which a reward may be received for the contribution of computational power. In simple terms, if the individual sends or receives cryptocurrency, the transaction must be confirmed. To confirm this transaction, there should be a powerful computer called a mining rig to solve complex problems. This process is known as proof of work. When a miner successfully solves a problem, they add a new block of transactions to the blockchain and are rewarded with newly created cryptocurrency. There are two types of mining: mining as a service and mining for an individual's account. Under the individual’s account, they may receive rewards from the network while using their own equipment. However, this income is not guaranteed, and payment is only given once an individual resolves the problem. However, the mining as a service concept means an individual may allow others to use their devices, such as data centers or computing resources, in exchange for a payment. This type of mining is mainly considered a business transaction. Crypto mining for personal use may not be classified as a business provider under UAE VAT regulation, and this type of service may not be subject to VAT as per Circular VATP039. There is no promise of compensation for the individual's contribution to the network, nor is there a direct customer. According to Article 1 of the VAT Law, a taxable supply must involve a distinct connection between payment and service. Since the reward comes from the network rather than a specific individual, the VAT does not apply to the mining for an individual's account. On the other hand, the act of mining on behalf of another person is considered a taxable supply of services. In this case, there is a clear agreement, a recipient, and a payment present. The VAT law defines this type of service as taxable under Article 2(1). A VAT rate of 5% may be imposed on services provided to a customer within the UAE as per the VAT law. However, the supply may be zero-rated as long as the requirements specified in Article 31 of the Executive Regulations for the UAE VAT law are complied with. When a UAE company is VAT-registered and receives mining services from a foreign company, it is obligated to implement the reverse invoicing method in accordance with Article 48 of the VAT law. If the UAE customer is not a taxable person, the foreign service provider is obligated to register for VAT in the UAE. According to Article 54(1), the miner may recover input VAT spent on items such as mining equipment, power, and rent when mining as a service provider, as long as the VAT is used for taxable services and valid tax invoices are maintained. Conclusion: The UAE government has clarified the application of VAT to mining-related enterprises and individuals, as well as the capacity to reclaim VAT fees, through the implementation of VAT public clarification. Author: Dr. Hassan Elhais

Introduction: A nation's reputation is crucial, and the UAE has implemented strong legislation to address these issues under the Federal Law No. (34) of 2021 (cybercrimes law). These laws specifically target online activities concerning rumors. What are the most serious online crimes in the UAE? The most significant online crimes in the UAE are hacking government websites, damaging government computer networks, infringing on government data, fabricating emails, websites, and digital accounts, and illegally monitoring and disseminating data. Cyberattacks on government institutions Article 3 of the cybercrimes law stipulates that anyone who hacks a government website, electronic information system, information network, or technology method that belongs to the government may be sentenced to imprisonment and to pay a fine of not less than AED 200,000 and not more than AED 500,000. Additionally, the same article says that if the hacking causes harm, destruction, or disruption to a website, electronic information system, information network, or technology method, or if it involves removing, deleting, damaging, changing, publishing, or violating the privacy of any data or information, or if the crime happens because of a cyberattack, the punishment will be at least five years in prison and a fine of at least AED 250,000 and up to AED 1,500,000. Article 5 stipulates that anyone who intentionally damages, destroys, suspends, or disrupts a state institution or critical facility website, electronic information system, information network, or information technology method may face imprisonment and a fine of at least AED 500,000 and no more than AED 3,000,000. A cyberattack will be considered an aggravating circumstance if it leads to the crime. Article 7 of the cybercrimes law outlines penalties for breaching government data and information. Those who obtain, acquire, modify, damage, disclose, leak, cancel, delete, copy, publish, or republish confidential government data without authorization may face a seven-year imprisonment and a fine of AED 500,000 to AED 3,000,000. If these actions harm the state or compromise the confidentiality of electronic systems and software in military and security facilities, then they may face a ten-year sentence. According to Article 25 of the cybercrime law, anyone who publishes information, news, data, visual images, visual materials, or rumors on a website or any information network or technological means to ridicule or harm the reputation, prestige, or status of the country, its authorities or institutions, or founding leaders, flag or currency, national anthem, slogan, or hymn, or any national figure shall be sentenced to five years in prison and a fine not exceeding Dh500,000. Conclusion: Under the UAE's cybercrimes law, actions that affect the safety and security of people or institutions can result in legal consequences such as jail time and substantial penalties. Author: Dr. Hassan Elhais

The UAE traffic laws are governed by Federal Decree Law No. 14 of 2024 on Traffic Regulation (“Law”). This Law lays down extensive provisions regarding the usage of public roads, the proper conduct of drivers of vehicles, requirements when applying for a driver’s license, and other traffic related requirements. Apart from this, the Law governs vehicle ownership, the responsibilities of the owner of a vehicle, and the format in which the ownership may be transferred to another person. How to identify the owner of a vehicle? The owner of a vehicle is the person whose name is on the license of the vehicle. Every vehicle will have an official document issued by the licensing authority, which will contain details about the vehicle, including the ownership of the vehicle, the official insurer of the vehicle, the validity dates of the license, and other relevant information specific to a vehicle. The person whose name is contained in this license will be considered the owner of the vehicle. Transfer of ownership Under the Law, Article 22 talks about transfer of ownership of a vehicle. The law states that if the ownership of a vehicle is to be transferred, either as part of a sale or due to another reason, such transfer must be mandatorily registered with the licensing authority. Liabilities of an owner after transfer of ownership Article 22 further states that the owner of the vehicle will remain liable for the obligations arising from the use of the vehicle until the Vehicle License is registered in the name of the new owner in accordance with the procedures followed by the licensing authority. Therefore, in instances where physical transfer of the vehicle has been carried out and the future owner of the vehicle commits a traffic crime while using the vehicle, the previous owner will continue to be liable for such offenses, unless the transfer of ownership is registered with the competent authority. Obligations of a vehicle owner Obligation to renew vehicle registration Vehicle registration renewal must be carried out annually. Vehicle owners get a grace period of 30 days after their vehicle registration expires every year. If you apply for the renewal after the allotted flexible period, an additional fee will be charged. The following documents are required for vehicle registration renewal: Emirates ID Valid Driving License Renewed Vehicle Insurance Policy Vehicle Registration Card, also known as Mulkiya “Passed Certificate” from an assigned RTA testing facility. Obligation to approve vehicle modifications The vehicle owner must ensure that no substantial modifications are to be made to the vehicle shape, (chassis), body, engine power or color except with the approval of the licensing authority in accordance with the law. The licensing authority will inspect and approve the modifications before the vehicle can be used. Obligation after vehicle recall and re-inspection The licensing authority has the right to recall any vehicle for re-inspection. Furthermore, the traffic control authority may also refer a vehicle for re-inspection, to the licensing authority, if it deems that the vehicle is a risk to traffic safety. In such cases, if an inspection raises problems and shows that the vehicle is not roadworthy, the licensing authority may inform the vehicle owner not to use the vehicle. However, the authority is required to provide a statement of the deficiencies and defects in the vehicle. The vehicle owner may begin to use the vehicle once these deficiencies have been addressed, and the vehicle undergoes a successful re-inspection. The Vehicle Owner has the right to appeal the Inspection result to the licensing authority within (10) ten days, and its decision issued in this regard shall be final Exemption from Vehicle License Renewal Fees As per Article 24, if a vehicle owner does not wish to use the vehicle, he can request to cancel the Vehicle License and handover the license plate as prescribed. Consequently, he will be exempt from the Vehicle License Renewal Fees. Conclusion Vehicle ownership is often seen as an integral requirement in the UAE. However, individuals are often unaware of the responsibilities that arise when owning a vehicle in the UAE. The UAE law not only lays down obligations for car owners, but also imposes fines if these obligations are not met. Therefore, it is extremely important to be aware of these liabilities and fulfil them in accordance with the UAE law. Dr. Hassan Elhais

The Dubai public prosecution has launched an initiative to improve the dispute resolution process in the Emirate. The “Reconciliation is Better” initiative has been introduced in order to promote the resolution of disputes through amicable ways. This initiative provides a straightforward and practical alternative to traditional legal proceedings that can be time consuming and expensive. Furthermore, it promotes agreement and a way forward, promoting a culture of tolerance and social harmony, which are central to Dubai’s leadership vision of a cohesive society. The “Reconciliation is Better” initiative aligns with international best practices, while also being in line with Dubai’s leadership vision of a cohesive society. It also aims to establish a global benchmark for judicial excellence and support the objectives of the Dubai Plan 2030. The initiative allows prosecutors to guide disputing parties towards fair and lawful settlements, reducing the reliance on lengthy legal proceedings. This will also reduce the burden on the courts and conserve resources, significantly reducing legal costs. The principle of reconciliation is not a new concept under UAE Criminal Law. The UAE Penal Code under Federal Law by Decree No. 31 of 2021 Promulgating the Crimes and Penalties Law, allows reconciliation under certain instances. Article 84 of the Law states that in cases involving misdemeanors, theft, fraud, breach of trust, and concealment of objects obtained from these acts, if the victim of the crime is a family member of the offender, the Public Prosecution may stay the execution of imprisonment, provided that the victim waives or reconciles with the convicted offender. Thus, reconciliation is allowed under the UAE penal code in the following instances: In certain crimes where the offender is a family member of the victim, and the victim waives or reconciles with the offender When a person who is in charge of a child, refrains from giving up the child to the person who is entitled to claim him by virtue of a final decision or judgment issued by the judicial authority If a parent or a grandparent abducts a minor child or grandchild, personally or through an intermediary, even without deception or coercion, or refuses to return or deliver the minor child, to the person who is entitled to his custody or care in accordance with a final decision or judgment issued by the judicial authority. If a person refuses to pay alimony/maintenance to his spouse, relative, or legal dependents as ordered by the court, or if a person refuses to pay child support, breastfeeding allowance or residence allowance, provided that he is capable of paying the said amount, and has refrained from paying the amount for a period of three months, after being warned to pay. If a person physically assaults another person, and the assault leads to a disease or the inability to carry on his personal activities for more than twenty days. If a person defames a person through any means of publicity, and the defamation could have led to punishment, public hate or contempt towards the victim. If a person causes slander to another person without attributing a particular incident, through publicity, in a way that it violates the victim’s honour or dignity. If a person causes slander or defamation on the telephone or directly against the victim in the presence of others. If a person uses a car, a motorcycle or any similar vehicle, without the authorization or consent of its owner or the person who is entitled to make use thereof. If a family member commits a theft, fraud, breach of trust, and conceals the objects from the crime. Reconciliation can be a powerful tool in certain criminal cases as it can offer a pathway to accountability, healing, and restoration that may not be possible in the traditional punitive legal approaches. It allows dialogue between the offender and the victim, fostering understanding and agreement. Although it may not be possible in all types of crime, it is certainly useful in small crimes, especially involving family members. The “Reconciliation is better” initiative was launched in April but it is already being applied to cases in Dubai. This reflects the Dubai prosecution’s dedication to establishing a global benchmark for judicial excellence. Dr. Hassan Elhais

Introduction: In the UAE, disputes can be settled by two different methods. This method includes traditional court litigation and alternative dispute resolution (ADR) methods, such as arbitration and mediation. Each dispute resolution method has its benefits and challenges based on the dispute's nature, the claim amount, and the desired outcome. To resolve the legal disputes in the UAE, litigation remained the most popular choice. But recently alternative dispute resolution methods have become more popular due to the increased focus on flexibility and efficiency. Additionally, alternative dispute resolution methods can offer cost-effective and time-saving benefits under the right circumstances. Litigation is a traditional dispute resolution procedure based on the UAE court system. The plaintiff may initiate it by submitting a statement of claim that details both parties' information, subject matter, and grounds for the legal dispute. The court then notifies the defendant and they may respond within a specified timeframe. Both parties present their evidence and arguments during hearings, after which the court issues a judgment. There are three levels of the court system in the UAE. These levels include the courts of first instance, courts of appeal, and courts of cassation. The well-structured court system in the UAE aims to ensure a fair and efficient resolution of disputes through this structured process. Arbitration is a popular alternative dispute settlement procedure in the UAE. UAE arbitration law and regulations provide clear rules on how arbitration works. And parties may have the option to resolve disputes outside of the courts. Due to its quick resolution and confidentiality, arbitration is preferred by commercial disputes. Many multinational companies operating in the UAE commonly choose arbitration over traditional court proceedings. The arbitration proceedings in the UAE are regulated by the federal law No. (6) of 2018 on Arbitration. Dubai International Arbitration Centre (DIAC), and the Abu Dhabi International Arbitration Centre (arbitrateAD) are the important arbitration institutions in the UAE. When parties decided to choose arbitration as dispute resolution, they must either include an arbitration clause in their contracts or agree to arbitration when a dispute occurs. The arbitration clauses should be included to avoid long court battles. Under this clause, parties may have to choose the number of arbitrators, the seat of arbitration, the language to be used in the arbitration and the governing law of the contract. Compared to court proceedings, the arbitration proceedings are confidential and which makes it perfect for businesses. Furthermore, the parties may have the option of appointing arbitrators with industry knowledge. Another alternative dispute resolution method is mediation. This method focuses on amicable resolution through negotiation between disputing parties, as guided by a natural third-party mediator. Mediation can also decrease cost and time, as well as preserve business relationships, confidentiality, and flexibility in process and results. The Dubai International Financial Centre (DIFC) Dispute Resolution Authority and the Dubai Chamber of Commerce and Industry are the important mediation centres. If parties wish to include a mediation clause in contracts or enter into a mediation agreement after a dispute arises, they may be permitted to discuss and participate in mediation as dispute resolution. Choosing the most appropriate dispute resolution method depends on several factors, such as the nature of the dispute, parties involved, costs, time, and the desired outcome. Conclusion: Deciding between arbitration and litigation depends on the priorities and the nature of the case. If you are looking for a cost-effective, quick and confidential resolution, arbitration may be the better choice. If you are focusing on legal enforcement and the right to appeal, then litigation might be more advisable. Author: Dr. Hassan Elhais

Introduction: In the UAE, the common law legal principle of without prejudice is usually not applied in onshore courts. This legal concept, which is found in many legal systems, ensures that statements made during settlement discussions cannot be used as evidence in court if the negotiations fail. Further, it allows parties to discuss settlements freely without fear of their words being used against them later. Despite this, recent court decisions stipulate the possibility of a change in the legal system of the UAE. Meaning of “Without Prejudice” When a letter or discussion is marked without prejudice, it means the statements made cannot be presented as evidence in a dispute. This helps parties negotiate openly to resolve conflicts without legal risk. The term without prejudice communications is commonly used in contract negotiations, employment disputes and settlement discussions in civil and commercial cases. Following this principle ensures that if a settlement may not be reached, the discussions remain confidential and cannot be used in court. However, there are some limitations to applying this principle. The protection does not apply in all situations. If a statement includes fraud, threats, or illegal activity, it can be used as evidence. Furthermore, once an agreement is reached, the final settlement is legally binding. Background the case According to recent court decisions, the Dubai Court of Cassation Case No. 486/2024 brought attention to this subject. The claimant initiated a case in the Dubai Court of First Instance based on an agreement to purchase cryptocurrencies. The claimant stated that the agreed-upon amount of bitcoin had not been transferred after payment and sought reimbursement, along with interest. The Dubai Court of First Instance rejected the majority of the claim and only granted a minor portion of the total amount sought. As a result, the claimant filed an appeal with the Court of Appeal, claiming that the Court of First Instance omitted the details of WhatsApp contacts between the parties during settlement discussions in which the defendant agreed to owing the claimed amount. The Court of Appeal decided that statements made during amicable settlement discussions are not evidence of responsibility since they are given "without prejudice" and are protected from being used as evidence of liability. In this case, the Dubai Cassation Court ruled that statements made during unsuccessful settlement negotiations were inadmissible as evidence. The Dubai Cassation Court decision adheres to the common law principles of without prejudice and changes significantly from the common practice of UAE mainland courts. While this ruling is a positive step, it is important to note that UAE courts do not follow a system of binding judicial precedent. Therefore, until the principle of without prejudice concept is fully formalized in UAE law, parties should exercise caution during settlement negotiations. Conclusion: The common law principles of without prejudice in UAE law support fair settlement negotiations between the parties. It permits parties to try to settle problems without fear of legal consequences. Understanding its use and limits can help individuals and businesses handle legal matters wisely. Author: Dr. Hassan Elhais