Legal system of the United Arab Emirates: Difference between revisions

Homosexuality, extra-marital sex and [[adultery]] are illegal and are punishable, with the possible punishment ranging froma minimum of 6 months in jail to the [[Capital punishment|death penalty]]<ref>https://researchbriefings.files.parliament.uk/documents/CBP-9457/CBP-9457.pdf</ref>; since 2022, however, prosecution is only carried out on a complaint of the husband or male [[legal guardian]] of one of the two people involved.<ref name="sweep hrw">{{Cite web |date=5 June 2022 |title=UAE: Sweeping Legal 'Reforms' Deepen Repression |url=https://www.hrw.org/news/2022/06/05/uae-sweeping-legal-reforms-deepen-repression |access-date=21 June 2023 |website=Human Rights Watch |language=en |quote=Under the 2021 law, if men and women have sex outside of marriage, the act carries a penalty of no less than six months' imprisonment. Sodomy with an adult male is also criminalized under the law. In both cases, the offenses can only be prosecuted on the basis of a complaint by a husband or male guardian.{{nbsp}}... The law disproportionately affects women as it only allows men to complain about and forgive extramarital sex, and provides for only a minimum sentence allowing judges' discretion to provide harsher sentences.}}</ref> Penalties for homosexuality and other morality laws such as [[cross-dressing]] continues to be penalized.<ref name="hdt">{{cite web |date=13 February 2019 |title=United Arab Emirates: Criminalisation - Enforcement 2020 |url=https://www.humandignitytrust.org/country-profile/united-arab-emirates/ |access-date=7 August 2022 |website=humandignitytrust.org. |publisher=Human Dignity Trust |language=en}}</ref>

Corporal punishment, including [[amputation]]s and [[Flagellation|flogging]], was officially removed as a legal form of punishment in 2020 for most local crimes but not federal crimes.<ref name="fed law15" /> Despite this, the United States Department of State has reported continuing imposition of sentences to flogging by Sharia courts on aat federal level, {{as of|2021|lc=yes}}:<ref name="2021 State">{{cite report |author1=((Bureau of Democracy, Human Rights, and Labor)) |title=2021 Country Reports on Human Rights Practices: United Arab Emirates|chapter-url=https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/united-arab-emirates/|date=2022 |publisher=United States Department of State |chapter=Section 1. Respect for the Integrity of the Person: c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment|page=3}} [https://www.state.gov/wp-content/uploads/2022/03/313615_UNITED-ARAB-EMIRATES-2021-HUMAN-RIGHTS-REPORT.pdf PDF link]</ref>

Under Emirati law, multiple crimes carry the death penalty, and executions are required to be carried out by [[firing squad]].<ref name="urlTimeline of executions in UAE">{{cite web |date=23 November 2017 |title=Timeline of executions in UAE |url=https://gulfnews.com/going-out/society/timeline-of-executions-in-uae-1.2129533 |access-date=6 December 2017 |website=Gulf News}}</ref><ref name=":0">{{cite web |date=10 January 2016 |title=UAE sentences 'jihadi teenager' to death for joining IS |url=https://www.alaraby.co.uk/english/news/2016/1/10/uae-sentences-jihadi-teenager-to-death-for-joining-is |access-date=6 December 2017 |publisher=The New Arab}}</ref><ref name=":13">{{cite web |date=15 February 2016 |title=UAE sentences four to death for joining IS |url=https://www.alaraby.co.uk/english/news/2016/2/15/uae-sentences-four-to-death-for-joining-is |access-date=6 December 2017 |publisher=The New Arab}}</ref><ref name=":2">{{cite web |title=The Death Penalty in United Arab Emirates |url=https://www.deathpenaltyworldwide.org/country-search-post.cfm?country=United+Arab+Emirates |url-status=dead |archive-url=https://web.archive.org/web/20190616140625/http://www.deathpenaltyworldwide.org/country-search-post.cfm?country=United%20Arab%20Emirates |archive-date=16 June 2019 |access-date=25 August 2017 |publisher=Death Penalty Worldwide}}</ref> Current law allows the death penalty for [[treason]], homosexuality<ref>https://researchbriefings.files.parliament.uk/documents/CBP-9457/CBP-9457.pdf</ref>, [[espionage]], [[murder]], successfully inciting the [[suicide]] of a mentally ill person, [[arson]] resulting in death, indecent [[assault]] resulting in death, nuclear waste disposal in the environment, [[apostasy]], [[rape]] of a minor, [[perjury]] causing wrongful execution, [[aggravated robbery]], [[terrorism]], [[drug trafficking]]<ref name=":2" /> and joining the [[Islamic State of Iraq and the Levant]].<ref name=":13" /><ref name=":0" /> Sentences of capital punishment are infrequently carried out, usually being commuted, albeit to lengthy terms of imprisonment.<ref>{{cite news |title=Israeli receives death penalty in UAE for drug possession |url=https://www.jpost.com/breaking-news/article-703276 |work=The Jerusalem Post |date=5 April 2022 |language=en |quote=In the UAE, death penalties are usually not carried out and are instead replaced with another penalty, most often a prolonged prison sentence.}}</ref> Both foreign nationals and UAE citizens have been executed for crimes.