Does Dubai have Sharia law? Most of the legal system in Dubai is based on Sharia laws. Because of this, people who are moving to the city often have a lot of questions about how the legal system works. Sharia law has some very strict rules that can be hard for non-Muslims to understand. However, these rules are paired with regular laws that help create a legal system that works for both Muslims and people from other countries. If you’re planning to move to Dubai or have already settled there, this guide on Indubaimall will help you to understand the aspects of the legal system that are based on Sharia law.
What is Sharia Law?
Sharia is based on the Quran, which is Islam’s holy book, and the life of Prophet Muhammad. It mainly deals with how a person should believe and practice their faith, as well as when to pray and how to fast during Ramadan. Sharia law, as understood by Muslims, includes the idea of treating others fairly, ensuring the financial system is just, and focusing on the basic principles of Islamic destiny. It covers various areas such as marriage, divorce, inheritance, and penalties for criminal actions. The UAE and Dubai constitution says, “Islamic Sharia is the main source of its legislation.” This statement comes after it says, “Islam is the official religion of the Union.”
How Sharia Law Impacts Muslims vs Non-Muslims?
Dubai has a wide range of people from different countries and backgrounds. However, people who want to move there may find it confusing about the sharia laws that apply to expats. Does Dubai have Sharia law? Yes, and it’s important to know that sharia law plays a big role in the Dubai, but it isn’t the only one. For example, there are also specific laws under the UAE civil code. For someone who isn’t very familiar with the legal system, it might be a bit hard to tell the difference between these two types of laws. Because Sharia laws and government rules are usually connected, let’s examine certain areas to gain a clearer understanding of the concept that Sharia law effect on Muslims vs Non-Muslims of people in Dubai.
Effect of Sharia Law on family low
The Dubai’s family laws are primarily based on Sharia law, which governs areas such as marriage, divorce, inheritance, and child custody. According to Article 1 of the law, Sharia applies to all UAE nationals, except non-Muslim citizens, who may follow the rules of their own religion. Non-UAE nationals such as expats can choose to follow the laws of their home country instead of Sharia in personal matters. However, this exception is not allowed in the following situations:
- One person holds multiple nationalities,
- The foreign law is unclear,
- The foreign law contradicts Sharia principles.
- There isn’t any international law that applies to this specific part of the case.
In essence, Sharia law in UAE for expats allows limited flexibility, but it is the foundation of UAE family law
Criminal code
In Dubai, the criminal code includes elements of Sharia law, especially in matters like blood money, theft, and murder, which are considered Al Hudud crimes and are punished according to Sharia principles. However, some emirates have stopped using these Hudud punishments, and new legal changes have made some Sharia-based rules less strict, especially in areas such as personal and family laws.
Business Sector
Sharia principles also influence Dubai business laws, while they are emphasizing fairness, banning exploitation and unjust enrichment, and prohibiting interest (riba) and speculation (gharar). The UAE Federal Law No. 5 of 1985 reflects these ideas. The Higher Sharia Board for Banking and Finance ensures Islamic compliance in the financial sector, setting guidelines for fatwa issuance and Islamic governance. Additionally, elements of Sharia can also be seen in UAE labour laws, while they are reflecting its broader impact on the country’s legal system.
Inheritance in Dubai
Sharia law in Dubai for property and inheritance plays an important part in Dubai. It determines how property is divided among family members, typically giving different shares to men and women. For instance:
- A widow receives one-eighth of her husband’s estate (or one-quarter if they have no children).
- A widower gets one-quarter of his wife’s estate (or half if there are no children).
- Female heirs, such as granddaughters, often inherit half the share of their male counterparts.
However, non-Emiratis have the option to apply their home country’s inheritance laws instead of Sharia, providing some flexibility for expatriates living in the UAE.
FAQ
Does Sharia law apply to non-Muslims living in Dubai?
Article 1 of the law says that “the law applies to all UAE citizens, unless non-Muslim UAE citizens have special rules based on their particular religion or group.” This shows clearly that Sharia Law does not apply to non-Muslim UAE citizens.
What punishments under Sharia are still enforced in Dubai today?
Dubai laws and punishments based on Sharia law are still part of the legal system, but most are carried out using the UAE’s federal penal code instead of traditional Hudud methods. Blood money, or diya, and retribution, or qisas, are still used in cases where someone dies or is injured, allowing families of the victims to get compensation. However, older Sharia punishments such as flogging, stoning, and cutting off limbs have been stopped or put on hold because of new laws. Now, Dubai mostly uses jail time, fines, and deportation to punish criminals, while they are making its legal system fit with both Islamic teachings and modern standards.
