If you are planning to move to the United Arab Emirates (UAE), it is essential to familiarize yourself with the country’s legal system. As an expat, having knowledge about the legal and judicial framework of your chosen destination can be immensely helpful. In this article, we will provide an overview of the legal system in the UAE, its key principles, and its unique characteristics.
The legal system of the UAE is mainly based on the principles of Civil Law, which have been heavily influenced by Islamic laws, Egyptian French, and Roman laws. The United Arab Emirates being a Muslim country has a basic Islamic principles-based legal system. All the legal issues in the main court system such as succession, divorce, inheritance, and other family and social legal issues are dealt with under the sharia law. However, the direct influence of Islamic law is mostly limited to social laws, such as family law, divorce, and succession.
Unlike common law jurisdictions that rely on statutes and precedents, each case in the UAE is decided individually. Although lower courts may consider the judgments of the Cassation court, they are not obliged to follow them strictly. Instead, the outcome of a dispute often depends on the pleadings submitted by the parties involved.
It’s important to note that court proceedings and legal documentation in the UAE are primarily conducted in Arabic. However, there are many skilled translators available who can assist you in navigating the legal processes.
In DIFC (Dubai International Financial Centre), the common law system is operating in addition to the UAE Civil Law system. The DIFC was specifically created to cater to foreign investors who may be more comfortable with the common law jurisdiction. This initiative demonstrates the UAE government’s commitment to promoting foreign investment and ensuring a favorable business environment.
The Civil Law system, based on Roman law, is characterized by codified laws that are written in groups. It emphasizes abstract principles and general rules, distinguishing between substantive and procedural laws. In the UAE, legislation is considered the primary source of law, and courts are not bound by precedents. Instead, specially trained judges interpret the law, although sometimes volunteer judges without formal legal training may assist in certain cases.
Let’s briefly compare Common Law and Civil Law systems:
Common Law:
- Relies on case law and precedents
- Based on English law
- The trial format is confrontational
- The clear distinction between private and public law
- Involves judge and jury
- Trial dominated by lawyers
- Offers flexibility
Civil Law:
- Relies on codified laws
- on the basis of Roman law, influenced by local practices, Germanic, ecclesiastical, and feudal.
- collaborative Trial format
- procedural rules are Distinguishes from substantive rules
- Involves one or a panel of judges
- The judge actively participates in the trial
- Follows strict rules and procedures
- Uses long lists of terms and mostly written expressions
In terms of the sources of law in the UAE, the judicial system is based on civil law principles, with Sharia law serving as a primary source. Nevertheless, in the presence of international criminal and civil courts jurisdiction, the Sharia courts have limited jurisdiction in the UAE. Additionally, the UAE recognizes its obligations under international law through treaties and conventions.
The UAE legal system is a mixed legal system that reflects the country’s diverse population of expatriates. While civil law governs the majority of legal matters, the coexistence of civil and Sharia laws ensures that both local and international businesses are adequately regulated. Dubai, in particular, has a flexible legal system that allows for innovative amendments to support a thriving business environment. The DIFC, operating under common law principles, provides a unique legal and regulatory framework aligned with international standards.
Given the complexity of the UAE’s legal system, it is crucial to have legal experts to navigate its intricacies. Ms. Riaz Begum, Advocate and Consultant, with her team of experienced lawyers and advocates, can help you with all legal issues in different jurisdictions around the globe. With over 17 years of experience, can handle complex legal problems and provide comprehensive guidance.
The Free zones and other business and financial centers of the UAE follow the common law system. Having the same approach the financial center Courts have established a legal structure as their first jurisdiction on the foundation of English common law, in the Middle East. The ADGM Courts prioritize the impartiality, independence, and integrity of judges to ensure fair and enforceable judgments. This unique legal environment aims to instill confidence in local and international commercial markets while providing transparent and certain procedures.
In conclusion, it is compulsory for non-citizens to have an understanding of the UAE legal system to deal with their legal issues in the State. The UAE primarily follows Civil Law principles, influenced by Islamic law, with a separate common law system in the DIFC and ADGM. By familiarizing yourself with the legal landscape, you can navigate legal matters with confidence and ensure compliance with local regulations. Seek guidance from experienced lawyers to ensure a smooth experience and protect your rights within the UAE’s legal framework.
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ZAHWAR LAW ASSOCIATES 