The judicial system of the United Arab Emirates is divided into federal courts and local courts. The federal justice system is defined in the Constitution of the United Arab Emirates, with the Federal Supreme Court based at Abu Dhabi.[1] As of 2023, only the emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while all other emirates use the federal court system for all legal proceedings.[2]
The UAE is a civil law jurisdiction, hence unlike common law jurisdictions, legal proceedings in the UAE do not rely on precedents, although sometimes the judgments of higher courts can be applied by lower courts in cases with similar facts. The emirates of Abu Dhabi and Dubai also have common law courts that adjudicate commercial cases in financial free zones, with both emirates allowing local businesses to opt-in to the jurisdiction of the common law courts for business contracts.[2][3][4]
Both local and federal courts have Sharia courts, which have exclusive jurisdiction in matters of Muslim marriage, family law and inheritance matters. Non-Muslims family law, marriage and inheritance are governed by civil law.[5] Since 2020, Article 1 of the Federal Penal Code was amended to state that Islamic Law applies only to retribution and blood money punishments; previously the article stated that "provisions of the Islamic Law shall apply to the crimes of doctrinal punishment, punitive punishment and blood money."[6][7]
- ^ "Know-how - Arbitration News, Features and Reviews - Global Arbitration Review". Archived from the original on 12 March 2016. Retrieved 7 March 2016.
- ^ a b "Legal Systems in the United Arab Emirates: Overview". Practical Law. Retrieved 22 June 2023.
- ^ "Abu Dhabi Global Market courts: framework, procedures and first judgment summary". Practical Law. Retrieved 22 June 2023.
- ^ "Case Law Update: Agreeing 'Dubai Courts' may be an 'opt-in' to the DIFC Courts' Jurisdiction". Addleshaw Goddard. Retrieved 22 June 2023.
- ^ "New UAE Non-Muslim Family Law: you need to Know | Civil Marriage". Lawyers in Dubai | Legal Consultants in Dubai. 6 February 2023. Retrieved 22 June 2023.
- ^ "Federal Decree Law No. (15) of 2020". Ministry of Justice. 27 September 2020. Pages 1, Article 1 "The provisions of the Islamic Shari’a shall apply to the retribution and blood money crimes. Other crimes and their respective punishments shall be provided for in accordance with the provisions of this Law and other applicable penal codes". Archived from the original on 31 May 2023. Retrieved 8 June 2023.
- ^ "Federal Law No (3) of 1987 on Issuance of the Penal Code". United Nations Office on Drugs and Crime. Archived from the original on 25 May 2013.
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