Sharia Law In Dubai: How Does It Work?

Sharia law is a core part of Islamic culture and faith, and it forms the basis of the legal system in many strict Muslim countries. The United Arab Emirates, including Dubai and Abu Dhabi, is a Muslim state with a legal system based on Sharia law. However, the application of Sharia law in Dubai has been a subject of debate and confusion, with some arguing that it is enforced very strictly, while others claiming that there is some flexibility in its implementation. While Sharia law governs various aspects of daily life in Dubai, such as dress codes, public displays of affection, and LGBTQ+ rights, there have been recent legal changes that have relaxed some of these restrictions, particularly for tourists and expatriates.

Sharia law and cohabitation

Sharia law is the official system of law in the United Arab Emirates (UAE), which includes Dubai. It is developed from the holy Quran as well as the Sunnah scriptures, the records of Prophet Muhammad. While Sharia law is notoriously strict and difficult to understand in the non-Muslim world, it is supplemented with secular laws to create a blend of legislation that suits Muslims, foreign expatriates, and visitors.

In recent years, the UAE has relaxed some of its laws, including those relating to extra-marital cohabitation and single parenting, which are now legal. The laws on rape and sexual assault have also been made clearer and more stringent. However, it is important to note that public displays of affection are still frowned upon in the UAE, and there are strict laws governing photography, drugs, and LGBTQ+ relationships.

• Extra-marital cohabitation was previously illegal in Dubai but has been decriminalized in recent years.
• The UAE federal government has legalized cohabitation and provided a legal process for children born outside of wedlock.
• However, parents who cohabit and have children out of wedlock still face a minimum of 2 years of jail term if they do not document their child.
• While LGBTQ+ relationships are officially illegal, the law does not state that they incur the death penalty. In more relaxed emirates like Dubai, there is a below-the-radar scene, and homosexuality is tolerated as long as it is not too openly displayed.
• Dubai is one of the more relaxed emirates when it comes to public displays of affection. While you used to risk arrest for kissing your spouse at the airport, it is now acceptable to walk hand-in-hand or arm-in-arm. Full-blown displays of PDA, however, are still not allowed.
• The UAE has strict laws regarding dress codes, especially when traveling outside of Dubai and Abu Dhabi to emirates like Sharjah and Ajman, where the population is less accustomed to tourists. Modest clothing that covers the shoulders and knees is recommended when leaving your hotel.

In conclusion, while Sharia law does apply in Dubai and governs many aspects of daily life, the laws regarding cohabitation have been relaxed in recent years, allowing for more personal freedom in this area. However, it is important to remain culturally sensitive and discreet, especially when traveling outside of the more tourist-friendly emirates.

Sharia law and public displays of affection

The United Arab Emirates, including Dubai and Abu Dhabi, is a Muslim state with a legal system based on Sharia law. While Sharia law is often considered very strict and prohibitive by Western standards, it is supplemented with secular laws to accommodate the country's expatriates and visitors.

Sharia law governs public displays of affection in the UAE, and while the laws and attitudes have mellowed in recent years, there are still rules that travellers should be aware of to avoid falling foul of the law. Normal kissing or hugging is generally acceptable, but it is advised to refrain from excessive public displays of affection, such as full-blown PDA. Holding hands with your married partner is tolerated in limited circumstances and places, such as hotels or beach resorts, but hugging or excessive touching may result in a warning or even a visit from the morality police. A quick peck on the lips may be tolerated in certain areas, such as the airport or hotels, but kissing for longer than a quick peck in public could land you in trouble if someone complains.

As with all Muslim countries, it is important to arrive with cultural sensitivity and a desire not to offend the local population. While in places like Dubai, you may see tourists in beachwear, it is advisable to dress modestly when leaving your hotel, covering your shoulders and knees. Dress codes are sometimes enforced by legal authorities, who may turn you away from public places such as malls or restaurants if your attire is deemed inappropriate. These rules are especially important when travelling outside of the more relaxed emirates of Dubai and Abu Dhabi to places like Sharjah and Ajman, where the population is less accustomed to tourists.

Sharia law and LGBTQ+ rights

Sharia law, derived from the Quran and the Sunnah scriptures, is the official system of law in the United Arab Emirates (UAE). While the UAE has a reputation for being one of the safest countries in the world, it also has strict laws governing LGBTQ+ rights, public displays of affection, and women's rights.

LGBTQ+ Rights in the UAE

LGBTQ+ relationships are officially illegal in the UAE, and homosexuality is punishable by a minimum of six months in jail. However, in more relaxed emirates, such as Dubai, there is a below-the-radar scene, and homosexuality is tolerated as long as it is not too openly displayed. This tolerance, however, does not extend to public displays of affection, which are considered discourteous in Emirati culture and are discouraged.

Public Displays of Affection

While the laws and attitudes towards public displays of affection have mellowed in recent years, allowing non-marital relationships, walking hand-in-hand or arm-in-arm is generally acceptable, but full-blown exhibitions of PDA are not. This is particularly true outside of the more relaxed emirates of Dubai and Abu Dhabi, where the population is less accustomed to tourists.

Women's Rights

Despite most women feeling very safe travelling solo in the UAE, sexual harassment and assault do occur, albeit rarely. Additionally, dress codes are sometimes enforced by legal authorities, who may turn away individuals who are not dressed modestly, covering their shoulders and knees.

While Sharia law is often associated with strict laws that are difficult to understand in the non-Muslim world, it is important to note that it serves as both a legal framework and a moral guide to etiquette and behaviour. The interpretation and application of Sharia law can vary depending on cultural, geographic, and linguistic factors, resulting in a spectrum of beliefs and practices among Muslims towards LGBTQ+ individuals, ranging from welcoming and inclusive communities to outright rejection and violence.

In the case of the UAE, while LGBTQ+ relationships are illegal, the law does not explicitly state that they incur the death penalty, and there is some level of tolerance, particularly in Dubai. This tolerance, however, is contingent on discretion and adhering to cultural norms that discourage public displays of affection.

In conclusion, while Sharia law does influence the legal and social landscape of the UAE, resulting in laws that govern LGBTQ+ rights and public behaviour, the interpretation and enforcement of these laws can vary across different emirates. Dubai, for example, is known for being more relaxed and tolerant towards the LGBTQ+ community, as long as they remain discreet. Nonetheless, it is important for travellers and expatriates to be aware of and respect the local laws and cultural sensitivities to avoid falling foul of the law.

Sharia law and dress codes

The official system of law in the United Arab Emirates (UAE) is Sharia, which has been developed from the holy Quran and the Sunnah scriptures, the records of Prophet Muhammad. The UAE's Sharia law is supplemented by other non-religious laws, including those based on English common law. Dubai is one of the emirates that has its own local court system.

Sharia law sets out a dress code that promotes modesty and seeks to minimise vice and immorality in society. Both men and women are expected to dress simply, modestly, and with dignity. Men must be covered in loose and unrevealing clothing from their navel to their knee. Women must cover their hair and body in loose and unrevealing clothing, obscuring the details of their body from the public; some also choose to cover their face and hands. The wisdom behind this dress code is to minimise sexual enticement and degradation in society as much as possible for both men and women.

In Dubai, dress codes are sometimes enforced by legal authorities, who may turn away those who do not comply from public places such as malls and restaurants. However, Dubai is one of the more relaxed emirates in the UAE, and tourists are often seen wearing beachwear. Nevertheless, it is recommended that when leaving your hotel, you dress modestly, covering your shoulders and knees.

Sharia law and inheritance

Sharia law is a key component of the legal system in the United Arab Emirates, of which Dubai is an emirate. While the UAE's legal system is based on civil law, Sharia law is applied in personal status matters of Muslims and blood money compensation.

Inheritance Laws in the UAE

The Federal Law Number (5) of 1985, under 'Article number 17', gives the testator the right to a testament that will govern the succession process of their assets. This allows individuals to make a will that outlines how their assets will be distributed after their death.

Sharia Law and Muslim Inheritance

Sharia law outlines specific guidelines for the inheritance of property among Muslims. It allows Muslims to make a will, known as 'Wasiyat', where they can name their preferred beneficiaries. However, Sharia law restricts the portion that can be bequeathed through a will to only one-third of the property. If an individual wishes to bequeath more than one-third, they must obtain the written consent of their legal heirs.

In the case of a deceased Muslim, the property devolution is based solely on the principles of Sharia law. These principles require that the heirs of the deceased be identified and confirmed by two male witnesses. The heirs must also provide documents such as marriage and birth certificates as evidence. Once the testator dies, all rights and liabilities pertaining to the estate, including debts and usufructs, are divided according to Sharia law.

Sharia law recognises two main groups of eligible beneficiaries: the nuclear family of the deceased, including the spouse and children, and secondary heirs or residuary heirs, who are the extended family and non-blood-related beneficiaries. The distribution of the estate among these heirs follows specific guidelines outlined by Sharia law.

Non-Muslim Inheritance in the UAE

The Emirati Civil Code provides an exemption for foreigners and non-Muslims from the Sharia Inheritance Law procedures. Non-Muslims can instead use the laws of their country of origin, internationally recognised inheritance laws, or their religious laws to govern the succession of their estate.

In the case of a non-Muslim foreign national who dies without a will (intestate), their property will be divided among their legal heirs according to Sharia laws. However, if the non-Muslim foreign national has property located in the UAE, there is an exception. Article 17(5) of the Civil Law states that the devolution of their property located in the UAE shall be governed by Sharia laws.

To avoid ambiguity and ensure their wishes are carried out, non-Muslims with assets in the UAE are advised to create a will. Article 1(2) of the Law of Personal Status allows non-Muslims to make a will under the law of their home country to govern the succession of their UAE-based assets. It is recommended to have this will translated into Arabic and notarised in the Judicial Department of the Emirate for recognition in UAE courts.

Joint Accounts and Share Transfer in the UAE

In the case of joint accounts, the surviving partner must inform the bank within ten days of the death of the other account holder. The bank will then freeze the account until the court decides on the portions of the shares to be distributed to the heirs.

For share transfers, if the company is established in the UAE and no specific documents are provided, the transfer of shares will be governed by Sharia laws. In the case of a Limited Liability Company, the shares will be transferred to the heirs of the deceased unless there are specific clauses in the MOA or shareholder's agreement stating otherwise.

Frequently asked questions