UAE sets out new regulations regarding divorce, inheritance, alcohol, and the law also laid down tougher punishments for men who harass women after marriage.
The government of UAE has announced on Saturday to initiate one of the biggest overhauls in the legal system of the country in years that will make significant changes to the family law and other areas affecting people’s daily lives.
The laws will be effective immediately and will reflect the progressive measures taken by the government to improve living standards in the country and the laws will ensure that UAE will continue to be a destination for foreign direct investment.
The introductions of new laws and amendments to existing laws aim to regulate crucial personal and civil laws that will have provisions for allowing non-Emirates to have their personal affairs dealt with in accordance with the law of their home country.
More than 200 nationals live in the UAE and the country is accommodating to their needs. Recent regulations and legal reforms will affect laws relating to divorce and separation, divisions of assets and wills, alcohol, suicide, and the protection of women.
The recent changes in laws and regulations will also allow using the laws of a person’s country of origin for dealing with divorces and inheritance. It also means that Islamic law or Sharia will be used rarely when it comes to family law cases involving expatriates. These measures have been discussed in the UAE for some time and embarked on a major milestone in the country’s continued judicial progress.
Divorce and inheritance:
The new changes in the regulations and family laws mark one of the most significant developments related to Divorce, separation, and the division of assets when a marriage breaks down. According to the new changes in the law, if a couple were married in the home country and divorced in the UAE, the laws of the country where they got married will apply. There is a mention of joint assets and joint accounts in the new law and the law also mentions that the court could be called to mediate if two parties had no agreement.
For a couple who got married in their home country but divorced in the UAE, can expect a similar legal process like their home country in a UAE court. The country where the marriage took place, laws of that country would be applied.
The changes in the law also cover wills and inheritance in particular. Before the changes, assets of a deceased expat person were divided under Sharia among the family members, which expats may be unused to.
Now, based on a person’s citizenship, assets will be divided among their next of kin unless the persons have written a will. However, there is one exception in the law that states that if a property is purchased in the UAE, it will be managed according to UAE law.
Non-Muslims have been able to register wills with the assistance of Dubai International Financial Centre’s wills and probate registry that is linked to the government branches, but not linked to Dubai’s state-run civil court for a few years. However, since 2017 non-Muslims have been able to register a will in the judicial department of the Emirate in Abu Dhabi.
Suicide and ‘Good Samaritans’:
As per the new changes, suicides and attempted suicides is not a criminal offence. Until now, a person who had tried to kill himself/herself could have been prosecuted if he/she survived the incident. For now, police, law-enforcement authorities and courts will ensure that vulnerable people can receive mental health support. However, a person found assisting an individual with suicide attempt will face an unspecified jail sentence.
The law specifically protects ‘Good Samaritans’ who intervene in the situations where people are in need by stating they can’t be held accountable for the outcome of those they were trying to help. The law has a rare clause under which it is possible for someone to give aid to someone in need of CPR or other first aid without being held accountable for the injury or death of the person.
Under the law, it is specified that any person who will commit an act out of good intention which may hurt the person during the process, will not be punished.
The law also states that if a person wants to help or assist in an emergency that may hurt the person, that person who was offering help will not be punished.
Harassment and assault:
A considerable number of amendments have taken place in the existing law to protect the rights of women. There will be no longer distinction and discrimination of crimes known as ‘honor crimes’ where previously a male family member gets a lighter sentence for assaulting a female family member under “protective honor” guise. From now on, such incidents will be similar to any other assault and will be treated as crimes.
The new amendments will protect the rights of women. The new law will eliminate the distinction of crimes known as ‘honor crimes’ in which a male relative inside the family get a lighter sentence previously for assaulting a woman relative under the guise of ‘protecting honor’
According to the new law and regulations men who will subject women to harassment of any kind including street harassment or stalking, face tougher punishments.
The law also states the punishment for the rape of a minor or limited mental ability will be execution.
Alcohol consumption:
According to the new law, alcohol consumption will no longer be considered a criminal offense. Anyone who drinks alcohol or has possession of alcoholic beverages or sells alcohol in authorized areas without an alcohol licence will not face any kind of punishment.
Previously, an individual could be charged for consuming alcohol without a valid alcohol licence; however such prosecutions were rare if they were arrested for another offense. From now on it will not happen under the new law.
The new law no longer criminalized alcohol consumption and alcohol licences are no longer required.
However, a person can only consume alcohol privately or in licensed public places.
After the enactment of the new law, Abu Dhabi ended its alcohol licence system for residents in September. Before the new law, a valid licence was required to buy or consume alcohol. From now on, this federal law will apply to all emirates.
Cohabitation for unmarried couples:
By setting a historical precedent, the law is going to allow the legal cohabitation of unmarried couples for the first time. Previously, it has been illegal for an unmarried couple or unrelated flatmates to share a home in the Emirates.
Previously, it has been illegal for an unmarried couple or unrelated flatmates to share a home in the Emirates.
The authorities have rarely targeted or prosecuted anyone in recent years found in breach of this. However, the authorities want to make sure that the couples are on the right side of the law when they move to the country.
Judicial procedure:
The court has to ensure legal translators are available. Furthermore, new privacy laws will also ensure that evidence of indecent acts has to be protected from public disclosure.
Source: The National News
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