Awatif Mohammad Shoqi Advocates & Legal Consultancy

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

What is an abortion?  Abortion is the termination of a pregnancy by the removal or expulsion of the embryo or the fetus. Generally, the term abortion refers to induced abortion where the procedure is caried out medically. A pregnancy may also come to an end involuntarily, without any intervention. This is referred to as a miscarriage. Is abortion legal in the UAE? The UAE laws do not allow abortion except under certain cases. The laws regarding abortion are stipulated under Federal Decree-Law No. 4/2016 on Medical Liability (“Law”) and the Cabinet Decision No. 44/2024 on Determining the Cases of Permissible Abortions (“Cabinet Decision”). Abortions under certain circumstances were legalized to preserve women’s health and safety and to reduce illegal practices of unsafe abortions of unwanted pregnancies. The law, under Article 16, states that a doctor must not conduct any abortion procedures or make a prescription intended to induce an abortion except under special circumstances, such as if the life of the pregnant woman is in danger, or if the fetus is malformed. The Cabinet Decision allows additional grounds for abortion such as if the pregnancy was a result of rape or incest, or if the spouses request an abortion, after obtaining the approval of the competent authority. When the life of the pregnant woman is in danger Abortion is permitted if the continuation of the pregnancy endangers the life of the pregnant woman, provided that the following conditions are fulfilled: Abortion must be the only way that the life of the pregnant woman can be saved The abortion will be carried out in a government facility, or in a private facility authorized by the competent authority, to carry out the procedure The abortion must be carried out with the knowledge of the obstetrician and the gynecologist, and based on the approval of the attending physician monitoring the case requiring abortion. The monitoring physician must submit a report containing justification for the abortion. The report must be signed by the pregnant woman, and in case she is unable to consent, her spouse or guardian must consent and sign the report. Abortion is also permitted in case of proven fetal abnormality. The malformation of the fetus must be proven through a medical report supported by at least three consultants specialized in obstetrics, gynecology, pediatrics and radiology, after carrying out all necessary medical examinations. In this case too, the abortion cannot be carried out without the consent of the pregnant woman, and in case she is unable to consent, her spouse or guardian must consent on her behalf. Conditions for performing Abortion Apart from the conditions mentioned above, the Cabinet Decision has set certain other conditions that must be fulfilled or followed before carrying out abortion procedures: The abortion must not result in any medical complications that may pose a threat to the life of the pregnant woman The duration of pregnancy at the time of abortion must not exceed 120 days Although it is important to obtain the consent of the pregnant woman, or her husband, consent from either may not be necessary in emergency cases. If the pregnant woman is not a citizen of the UAE, she must have a valid residence permit of not less than one year before the date of submitting the abortion request. The concerned physicians in charge of the abortion procedure must write a case report, confirming the duration of the pregnancy and explaining the justifications for performing the abortion, the necessary approvals and the procedures that were taken regarding the pregnant woman from the moment she entered the health facility The competent authority must approve the abortion. The pregnant woman must be provided medical and social advice before and after the abortion procedure. Conclusion The UAE legal provisions concerning medical abortions have seen many changes in the past years. The law prioritizes women’s health and ensures that abortions are carried out in a safe manner, in health facilities that are qualified to conduct the examinations.

OR MAKING DEROGATORY STATEMENTS ON WHATSAPP With the rise in social media usage and the comfort with which people are expressing their thoughts and views on social media, many users do not realize the real-life implications of their online activities. Time and again, we have been witnessing people spewing hate or making derogatory comments on public platforms, without taking into account the permanent nature of these actions, or the wide reach that comments can have. Provisions under UAE Law The UAE has issued strict legislations against posting untrue or defamatory statements on social media under Federal Decree-Law No. 34 of 2021 Concerning the Fight Against Rumors and Cybercrime (“Cyberlaw”). The losses or damages caused due to such activities are required to be compensated as per Federal Law No. 5 of 1985 on the Civil Transactions Law (“Civil Transaction Law”). UAE Law governing Social Media Activities Article 44 of the Cyberlaw states that if a social media user breaches the privacy of a person by spreading news, electronic images, photographs, footages, comments, data or information, even if true and correct, to harm such person, he/she may be jailed for a minimum of 6 months, and/or fined between AED 150,000 and 500,000. The law prohibits the following activities: Breaching the privacy of a person without his/her consent Spreading misinformation about an individual Spreading negative information about an individual, even if the statements are true. The breach of privacy includes eavesdropping, interception, recording, communication, transmission or disclosure of conversations, or audio or video materials. Taking photographs of others at any public or private place or preparing, communicating, exposing, copying or keeping electronic images thereof. Taking, communication or publication of photographs of the casualties, dead persons or victims of accidents or disasters without permission or consent of the concerned persons. Tracking, detecting, disclosing, exposing, copying or keeping data of geographical sites of third parties. Sending insults on Whatsapp Apart from the above activities, the law also prohibits individuals from using derogatory language or insults against another person on social media, including WhatsApp. There have been several instances where insults and offensive remarks made during WhatsApp conversations have led to legal actions, forcing the offender to pay heavy damages. In a recent case, a woman was ordered to pay AED 30,000 as compensation to another woman, by the Abu Dhabi Family, Civil, and Administrative Claims Court, for insulting the latter woman on social media. Apart from the civil case, a criminal case was initiated against the offender, for insulting the woman on social media by posting offensive comments on her photos. The victim of the woman’s insults claimed that the incident had caused her emotional and psychological harm, which prompted her to seek damages of AED 150,000 for both moral and material losses.  In other similar cases, a man was ordered to compensate his colleague, and a woman was ordered to pay damages to her sister, for making insulting comments on WhatsApp. Aggravated crimes Article 44 of the Cybercrime also prohibits using technology in altering a recording, image or footage for the purpose of defamation or abuse of another person. This can lead to an aggravated prison sentence of a minimum of one year, or to pay a fine between AED 250,000 and AED 500,000. Compensating the victim Although the cyberlaw issues fines on offenders involved in making derogatory comments on social media, the victims of the offence may also be ordered to be compensated for the damages caused under the Civil Transaction Law. Article 293 of the Law states that trespassing against others in their freedom, honour, dignity, reputation, social standing or financial position may be considered as moral damages. Conclusion In the UAE, social media users must be mindful of the consequences of their online activities that can lead to damages to reputations and incite harm against another person. Individuals must always remember that although it is easy to write defamatory and insulting comments on social media, they can have grave legal consequences ranging from payment of damages, fines and even jail sentences.

Introduction: Digital currency, or cryptocurrency, is an alternative payment method developed with encryption methods. Encryption technology enables cryptocurrencies to act as both a currency and a virtual accounting system. The use and popular acceptance of cryptocurrencies like bitcoin and ethereum have grown in the last few years throughout the world economy, and the UAE has become a major player in this online financial industry. The UAE has implemented particular laws and regulations, and it is necessary for virtual asset markets to protect investors, support innovation, and ensure profitability. This is evidenced by the issuance of the securities and commodities authority's (SCA) Decision No. 23/2020, which regulates the crypto assets activities. The Central Bank of UAE and SCA regulate crypto assets and security tokens on a federal level, covering the UAE mainland and certain free zones. Article 1 of cabinet decision No. (111) of 2022 defines virtual assets, virtual asset service providers, and authority. Furthermore, Article 4 states that those who engage in virtual asset activities such as operating platforms, exchanging, transferring, trading, and custody of virtual assets must obtain approval and a license from the SCA or the relevant authorities. As per article 6, the authority has the responsibility to oversee virtual asset activities, issue regulatory decisions to ensure data protection, and coordinate anti-money laundering (AML) measures. According to the aforesaid decision, Articles 8-10 state that service providers are required to comply with the UAE's AML regulations as well as any applicable international standards, such as those established by the Financial Action Task Force (FATF). Further, Article 12 prescribes the penalties for any violation, such as warnings, fines up to AED 10 million, and more. Cabinet decision No. (112) of 2022 serves as a supplement to the previously mentioned decision No. (111) of 2022. The new decision establishes the virtual assets regulatory authority (VARA) and grants specific regulatory responsibilities for virtual assets in the emirate of Dubai. In accordance with Article 2, VARA shall be responsible for licensing and supervising virtual asset-related activities in Dubai, including free zones. It stipulates that VARA implement AML rules and regulate the applicable data protection laws, make regulatory decisions, and advise investors on the potential risk of investing in virtual assets. In addition to this, VARA develops applications for service providers to report security risks and violations, collect fees, and impose penalties, including administrative fines. Further, Article 3 states that VARA and the SCA may cooperate in developing an integrated system of supervision and control, as well as in the sharing of fees, commissions, and fines. Dubai administrative decision No. (1) of 2023 establishes a grievance committee. The grievance committee handles complaints relating to actions, penalties, and VARA inspections. Conclusion: The UAE has implemented cryptocurrency rules and regulations that aim to protect the investors and preserve financial stability. It is prohibited for the unlicensed companies offering virtual asset services. Individuals can reduce the risk associated with illicit activities, including money laundering, terrorism financing, and other financial crimes, by following these laws and regulations. Author: Dr. Hassan Elhais

Introduction: In today's world, violations of individual privacy and secret disclosure are a serious problem. It may be eavesdropping, interception, recording, and the spreading of personal information without the consent of the other party. In the UAE, crime related to individual privacy is regulated by the UAE cybercrime law as well as the UAE penal code law. What is a breach of personal information and data? As per article 6, the Federal Decree-Law No. (34) of 2021 (cybercrimes law) strictly prohibits the illicit access and misuse of personal data and information. Breach of personal information and data means unauthorized access, acquisition, modification, damage, disclosure, leakage, cancellation, deletion, copying, publication, or re-publication of electronic personal data or information using information technology. This violation may result in imprisonment of not less than six months or a fine of AED 20,000 to 100,000. The penalties may double if the data or information is related to medical records, bank accounts, or electronic payments. Furthermore, receiving, keeping, storing, or using such data with knowledge of its illegal acquisition may lead to imprisonment and penalties. What are the consequences of disclosing personal secrets and violating privacy? Article 44 of the cybercrimes law prohibits unauthorized use of information technology to breach privacy or family life and may face imprisonment for not more than six months as well as a fine of AED 150,000 to 500,000. The same article states that actions such as eavesdropping, interception, recording conversations, and the spreading of private information without consent may also be prohibited. Furthermore, the law prohibits the illicit sharing of photos of victims of accidents or incidents, deceased individuals, or casualties. Altering or editing recordings or photos with the intent to damage or abuse someone may result in imprisonment for at least one year along with a fine ranging from AED 250,000 to 500,000. In addition to this, Article 431 of Federal Decree-Law No. 31 of 2021 (penal code law) further criminalizes acts that infringe upon an individual's right to privacy and family life. The penalties may be imposed for unauthorized interference in personal space, including acts like eavesdropping, recording private conversations, and taking pictures without consent. This law restricts sharing someone’s personal or family’s information without their consent, and it may impose fines and imprisonment. Additionally, devices can be confiscated, and they can be instructed to delete the recording. Additionally, Article 432 stipulates the unlawful disclosure of secrets by individuals who have access due to their profession or status.  Opening someone’s letters or eavesdropping on calls without their consent may also result in fines and potential imprisonment as per Article 433. Additionally, Article 434 specifies penalties for illicitly replicating or sharing the confidential information obtained through one's duty. Conclusion: By understanding these laws, individuals can protect their privacy and prevent someone from interfering in their personal lives. Engaging in these actions without consent may lead to significant penalties, including imprisonment and fines. Author: Dr. Hassan Elhais

A recent ruling by a UAE court determined that persistent threats by a husband about polygamous cohabitation will be considered to be psychological or mental harm to his wife. Polygamous cohabitation refers to multiple wives living in a single marital house. In this article, we will look into the Personal Status Law under federal Decree Law No. 41 of 2024, regarding polygamous cohabitation.  UAE family Law In the UAE, laws regarding marriage, divorce and other personal status matters fall under the UAE family law. The family laws are enacted under three legislations, namely the Federal Decree Law No. 41 of 2024 regarding the Personal Status of Muslims in the UAE (“Federal Personal Status Law”), the Federal Decree Law No. 41 of 2022 regarding the Personal status of non-Muslims in the UAE except in the emirate of Abu Dhabi (“Federal Civil Personal Status Law”), and Abu Dhabi Law No. 14 of 2021 regarding the Personal status of non-Muslims within the emirate of Abu Dhabi (“Abu Dhabi Civil Personal Status Law”). Muslim Law on fair treatment of a spouse The Federal Personal Status Law allows a man to marry more than once. However, the law lays down specific rights for spouses in a marriage. Article 16 of the law defines a marriage as a contract between a man and a woman, with the intention of perpetuating the marital relationship between them. The Article states that a marriage must aim at the establishment of a stable family consisting of affection and mercy. Article 49 of the law lists the rights of spouse and states that a spouse has a right to good companionship, in a manner leading to affection and mercy between them. Moreover, the spouses must not harm each other either materially or morally. A Wife’s Right Over the Marital House Article 49 also states that a husband is obliged to provide maintenance to the wife in a manner consistent with custom, and is obliged to equity among his wives in treatment, division, and obligatory maintenance. As per Article 104 of the Federal Personal Status Law, a wife is to live in the appropriate marital house, unless she has specified another place in her marital contract. Under Article 105, the husband may house his parents, and his children from another marriage in the marital house, if he is responsible for their maintenance, provided that this does not cause harm to the wife. However, if the husband is to have more than one wife living in the same house, he must ensure that the house is suitable and allows each wife almost complete independence in the housing in all aspects, including separate entrance, exit, sanitary facilities etc. If a wife is aggrieved by her living situation with respect to other wives, she may request the court to impose additional conditions regarding the marital house. Revocation of Marriage Contract Due to Harm Article 71 of the Federal Personal status Law provides for the revocation of a marriage contract if either the husband or the wife causes harm to the other that makes it impossible to continue the marriage. In such cases, if the harm can be proven by the other party, the court will attempt reconciliation. However, if reconciliation is not possible, the court will rule to grant a divorce. Conclusion Thus, if the wife can prove that her husband has caused harm, she may seek a divorce from her husband. Furthermore, this harm can be carried out physically, in the form of domestic violence, or mentally, such as through verbal abuse, constant threats and other forms of mental harm.

Parents are the foremost guardians in a child’s life, nourishing and protecting them during the most vulnerable stages. Parents are expected to be loving, kind and understanding of their children’s needs. However, in rare cases, parents become the very individuals from whom the children need protection. The UAE government stresses the importance of the protection and upliftment of children. The country has a dedicated law for the welfare of children and their protection under Federal Law No. 3 of 2016 on Child Rights Law. The law is commonly known as Wadeema’s law. Rights of children under Wadeema’s Law Basic Rights The law guarantees children the right to life and safety and states that the government will ensure children’s growth, development and protection. This includes ensuring that children have a respectable name, birth certificate, appropriate nationality, and legitimacy. Article 14 prohibits child employment below the age of 15 and ensures that children are able to express themselves freely. Family Rights Family rights provide children the right to be introduced to his natural family, and receive their care. A child will have the right to custody, feeding, education, financial protection and protecting himself, including his body, religion and property. Health Rights The law provides every child the right to health services in accordance with the laws and regulations of health care in the country. The law also states that the government will develop substantial health services and provide guides to better child health and nutrition. In pursuance of the same, Article 21 prohibits the selling of tobacco to individuals below the age of 18. It also prohibits smoking in the presence of children, or selling intoxicants to children. Social rights Under the social rights provided to children, the state provides mechanism such as foster care or other social care institutions to ensure that children obtain a standard of living appropriate for the physical, mental, psychological and social growth of the child in accordance with the laws in force. Cultural rights The law provides for the establishment of guidelines and institutions that regulate cultural, artistic and scientific knowledge for children. The law also highly regulates inappropriate content and access to media that may be detrimental to a child’s development. Educational Rights The law provides children the right to education, and equal opportunity. It also provides for the government to establish mechanisms to prevent children's school dropout, prohibit violence in school, and promote the participation of parents in the decisions relevant to children. Right to protection One of the most important provisions under Wadeema’s law is the right to protection. This guarantees that a custodian must not abandon a child, physically, mentally or financially. It is the duty of a custodian to ensure that the child is enrolled in school. It is prohibited to make a child engage in beggary, or other illegal occupations, or engage them in any work that hinders their education, or endangers their health. Article 36 of the law safeguards a child from torture, physical assault or any action that compromises the child's emotional, psychological, mental or moral safety. Protection mechanism The government has set up a series of helplines to help children report instances of domestic abuse. Complaints can be made to the Ministry of Interiors (MOI), the Dubai Police, Community Development Authority and many more. Apart from toll free helplines, one may seek assistance through certain government websites, and government Applications. You can report child abuse through the following channels MoI through the hotline number 116111 or through the MoI’s Child Protection Centre's website and the 'Hemayati' app. Community Development Authority- CDA on hotline: 800988 EWAA Shelter for Women and Children on hotline: 8007283 Dubai Foundation for Women and Children on 800111 Child protection centre in Sharjah on toll-free helpline number 800 700 Hemaya Foundation for Children and Women - Ajman on hotline: 800 or 800446292 Aman Centre for Women and Children through RAK Police – 07-2356666 Child protection specialists Wadeema’s Law provides for the presence of child protection officers in institutions that work with child welfare, to assist and investigate matters related to child abuse, and raise awareness in the matter. Article 43 of the law states that anyone who has attained the age of 18 and becomes aware of a case of child abuse, must provide help to the child facing abuse, including reporting to competent authorities regarding the abuse. Penalties If a person is found to have tortured a child, or physically assaulted a child, or performed any activity that compromises a child’s emotional, psychological, mental or moral safety, he or she will be punished by a minimum imprisonment of one year and/or a fine between AED 50,000 and AED 100,000. However, if this act is committed by the child’s parent(s) or custodian, they may instead be subject to one or more of the following measures: Performing community service. Placement in a therapeutic shelter. Subjecting them to one or more rehabilitation and guidance programs. Suspension of custody of the child. Conclusion In the UAE, a child is well protected and provided with a number of resources that enable the child to seek help from abusive parents. However, acknowledging that children may be unaware of these channels, or ill-equipped to seek assistance, the law places the onus on responsible adults and trained individuals to look for signs of abuse and report such cases to the competent authority.

Introduction: In the UAE, it is legally permissible for banks to close a customer’s account if multiple checks are returned due to insufficient funds. All the banks and financial institutions in the UAE are regulated by the Central Bank of the UAE. The central bank of the UAE issued a circular for the UAE Central Bank’s Consumer Protection Regulation (circular no. 8/2020) for all the banks in the UAE. According to this circular, the banks are obligated to inform customers in writing about the consequences of returned cheques. It stipulates the responsibility of all the banks to inform customers in writing about the consequences of returned cheques. These consequences include applicable fees, potential closure of the current account, and negative reporting to the Al Etihad Credit Bureau. Furthermore, the central bank has stipulated that a customer's account may be cancelled for two years if four cheques are returned within a year due to insufficient funds. If this happens again, the cancellation period is extended to three years, and any unused cheques must be recovered. In the event that if customer's account has been cancelled by the bank due to bounced cheques, the bank will be reported to the Al Etihad Credit Bureau. The customer's credit score might decline as a result of this report. Moreover, this poor credit score could make it more difficult for them to get cheque books or open new accounts from other banks. According to central bank regulations, all financial institutions must investigate creditworthiness before providing such services. What are the suggested courses of action? If anyone has concerns that their bank account would be closed as a result of bounced cheques, they should first review the terms and conditions of their bank regarding cheque returns. Further individual can contact their bank’s customer service or relationship manager to understand specific policies. It is important to ensure sufficient funds are maintained in their account to cover issued cheques. Conclusion: It is possible for the customers to take preventative steps, and it will assist in protecting the individual's credibility and maintaining a favourable standing with the bank. Author: Dr. Hassan Elhais

The UAE government has issued a series of changes to its family laws through the recently passed new personal status law, namely Federal Decree Law No. 41 of 2024 on the Issuance of Personal Status. The law will be enforced in the country in April 2025 and will be applicable to Muslims in the UAE, both nationals and expats. The law will be applied to ongoing cases in the court that have not received a final order. The new law has made changes in provisions related to grounds for divorce, child custody and alimony, among others. Divorce lawyers in Dubai are studying the new law and analyzing the impact it will have on the family legal system in the UAE. Custody Laws One of the most significant changes under the new law is the change in the age of custody. The custody of children has been raised to 18, regardless of the gender of the child. In a custody ruling, custody is generally granted to the mother. Previously, mother’s custody extended until a male child turned 13 and a female child turned 11. However, the new law not only raises the age of custody, but also makes it uniform, regardless of the gender of the child. Among other changes in laws related to child custody, a non-Muslim mother’s custody over a minor child may be extended beyond the age of 5, as per the discretion of the court. The law has also made procedural changes to obtaining educational guardianship, enabling parties to approach the Urgent Matter Court to ensure speedy judgements. Termination of marriage The new law has brought in certain changes to the provisions regarding grounds for divorce. Divorce due to substance abuse The law now specifically states that using drugs, alcohol or other psychotropic substances is a valid ground for divorce. Although parties currently use this ground to obtain a divorce, the current law under Federal Decree Law No. 28 of 2005 does not explicitly list this reason as a ground for divorce. Rather, the reason is raised as per established rulings of the Court of Cassation. Divorce due to medical conditions The law has also made changes to the conditions governing divorce due to medical conditions that prevents the parties from engaging in marital activities. As per the new law, if a spouse invokes this ground for divorce, the court has the authority to appoint an expert to evaluate such medical conditions and to grant one year time for medical treatment to the spouse who requires it, before granting the divorce. Divorce due to abandonment If a wife is abandoned by her husband, she may request for a divorce after waiting for 6 months. The older law set this waiting period as one year, but the new law has shortened the time period. However, the wife is now required to give a 6 months’ notice to her husband to return to the marital house or enable the wife to join him at his new residence. Divorce due to the imprisonment of the husband The law allows a woman to seek a divorce if her husband is imprisoned for more than three years, and has served at least one year of the imprisonment. The new law has laid down two additional requirements to invoke this ground, stating that the divorce will not be issued unless there is more than 6 months left before the husband is released from prison, and the divorce request will not be accepted if the husband is released within the time the litigation process is completed. Dubai family lawyers will understand the practical aspect of the law, once the law comes into effect on the 15th of April 2025. The legal experts of family law in the UAE will now adapt these new changes in their practice and advise on their clients matters. Author: Dr. Hassan Elhais

The UAE traffic laws are stipulated under Federal Decree Law No. 14 of 2024. These laws are applicable throughout the UAE, across the seven Emirates. It is important to follow these rules to ensure the safety of road users and to avoid incurring hefty fines and penalties. Repetition of offences generally lead to aggravated penalties. Here are the major traffic violations in the UAE that everyone should be aware of, and their corresponding penalties. Driving while Intoxicated Driving under the influence is a major reason for accidents and fatalities on the road. The UAE has strict laws against driving under the influence of intoxicants. If a person operates a vehicle under the influence of alcohol, he/she may be subject to imprisonment and/or fine between AED 20,000 and AED 100,000. The act may also result in the suspension of the driving license for one month in case of the first offence and two months in case of the second offence. A third offence will lead to the revocation of the driving license. If a person drives under the influence of drugs, the fine may be between AED 30,000 and AED 200,000 and/or imprisonment. In this case, the first offence will lead to 6 months’ suspension of license, second offence for one year and the third offence will lead to revocation of the license. Nonetheless, if a person driving under the influence of alcohol, drugs or other psychotropic substances causes the death of another person, he/ she may be imprisoned for up to a year, and/or fined a minimum of AED 100,000. Can I drive with a foreign license in the UAE? Driving with a suspended license or a foreign license  Driving with a suspended license could lead to a fine of at least AED 10,000 and /or imprisonment of up to three months. Furthermore, if a person drives with a foreign license that is not recognized in the UAE, he/she may be fined between AED 2000 and AED 10,000. Reoffence will lead to a higher fine of AED 5000 to AED 50,000 and/or imprisonment. Certain foreign licenses are recognized in the UAE and person can drive in the country if he has a recognized foreign license. Driving without a license Driving without a license, or with a license that does not include the particular type of vehicle will lead to a fine between AED 5000 to AED 50,000 and/or imprisonment. Reoffence will lead to a higher fine. If driving with a suspended or revoked license causes the death of another person, it will lead to a minimum fine of AED 100,000 and/or imprisonment Causing a death due to negligent driving If a person causes the death of another person due to his negligent driving, he may be liable to be imprisoned and/or fined a minimum of AED 50,000. Running a red light Running a red light will incur a fine in the UAE. However, if a driver causes an accident and death of another person due to running a red light, it will lead to a fine of a minimum of AED 100,000 and/or imprisonment for a minimum of one year. Misuse of license plate A license plate serves as an identifier of a car. In the UAE, the license plate of a vehicle must be in the form as prescribed by law. Forging a license plate or using a forged license plate, distorting a license plate, allowing another person to use the license without following due process, etc. will lead to a minimum fine of AED 20,000 and/or imprisonment. Failure to cooperate with traffic officials or police officers The UAE laws impose strict penalties on individuals who do not co-operate with law enforcement agencies or flees the scene of accidents. This includes not stopping the vehicle after causing an accident and refusing to provide information, or providing the wrong information to officials. These types of actions can lead to a fine between AED 10,000 and AED 100,000, and/or imprisonment. Can I be penalized under traffic laws even if I am not driving? The traffic laws in the UAE states that a person who crosses the road outside the designated areas and causes a traffic accident can be penalized or imprisoned. Such acts can lead to a fine between AED 5000 and AED 10,000. The offence will lead to graver punishments if a person commits such act on a road with a speed limit of 80 km/h or more. In such cases, the possible fine will be a minimum of AED 10,000, or imprisonment of a minimum of 3 month, or both. Author: Dr. Hassan Elhais