United Arab Emirates Legal System: Tradition, Modernization, and Cultural Sensitivity
Prepared by the researcher : Dr. Sam Zahy–Professor of Business Law and Commercial Arbitration at the Faculty of Law – King Abdulaziz University – Kingdom of Saudi Arabia.
Democratic Arabic Center
Journal of Afro-Asian Studies : Nineteenth Issue – November 2023
A Periodical International Journal published by the “Democratic Arab Center” Germany – Berlin
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Abstract
Rooted in the principles of Sharia law, the legal system in the UAE has been deeply influenced by Islamic jurisprudence and the teachings of the Quran. Sharia law serves as the foundation for personal matters, including family law, inheritance, and certain criminal offenses. It plays a significant role in shaping the moral fabric of society, emphasizing values such as compassion, fairness, and social responsibility.
In the UAE, Sharia courts operate alongside civil and criminal courts, offering individuals the option to resolve disputes through Islamic legal principles. Sharia judges interpret and apply Islamic law to cases, ensuring that the country’s legal system remains aligned with the religious and cultural beliefs of its people. However, the application of Sharia law is not absolute and is often supplemented by modern legal codes to accommodate the needs of a diverse and cosmopolitan society.
In the UAE, Sharia courts operate alongside civil and criminal courts, offering individuals the option to resolve disputes through Islamic legal principles. Sharia judges interpret and apply Islamic law to cases, ensuring that the country’s legal system remains aligned with the religious and cultural beliefs of its people. However, the application of Sharia law is not absolute and is often supplemented by modern legal codes to accommodate the needs of a diverse and cosmopolitan society.
Introduction:
The legal system of the United Arab Emirates (UAE) is a unique blend of traditional Islamic law, known as Sharia, and modern legal principles, reflecting the country’s commitment to maintaining its cultural identity while adapting to the demands of a rapidly evolving society. As a civil law jurisdiction, the UAE’s legal framework is shaped by a combination of statutes, regulations, and judicial precedents, with a strong emphasis on upholding justice, equality, and social order.
Historical Context and Sharia Law:
Rooted in the principles of Sharia law, the legal system in the UAE has been deeply influenced by Islamic jurisprudence and the teachings of the Quran. Sharia law serves as the foundation for personal matters, including family law, inheritance, and certain criminal offenses. It plays a significant role in shaping the moral fabric of society, emphasizing values such as compassion, fairness, and social responsibility.
In the UAE, Sharia courts operate alongside civil and criminal courts, offering individuals the option to resolve disputes through Islamic legal principles. Sharia judges interpret and apply Islamic law to cases, ensuring that the country’s legal system remains aligned with the religious and cultural beliefs of its people. However, the application of Sharia law is not absolute and is often supplemented by modern legal codes to accommodate the needs of a diverse and cosmopolitan society.
Modern Legal Framework and Judicial System:
The UAE has made significant strides in modernizing its legal system to meet the demands of a globalized world while preserving its cultural heritage. The country’s legal framework is characterized by a comprehensive set of federal and local laws that govern various aspects of civil, commercial, and criminal matters. The Federal Supreme Court serves as the highest judicial authority, ensuring uniformity and consistency in the interpretation and application of the law across all emirates.
Furthermore, the UAE has established specialized courts to handle specific areas of law, such as commercial disputes, labor grievances, and financial crimes. These specialized courts contribute to the efficient resolution of complex legal issues, fostering a business-friendly environment and promoting investor confidence in the country’s legal infrastructure.
Ensuring Justice and Protection of Rights:
The UAE places significant emphasis on upholding the principles of justice, equality, and the protection of individual rights. The legal system provides avenues for individuals to seek redress and protection through the judiciary, ensuring that all citizens and residents have access to a fair and impartial legal process. Additionally, the UAE has enacted robust laws to safeguard the rights of workers, promote gender equality, and combat discrimination, reflecting its commitment to creating a society that values inclusivity and social justice.
Furthermore, the UAE has established various regulatory bodies and government agencies tasked with overseeing the implementation of laws and regulations, thereby fostering transparency and accountability within the legal system. These initiatives demonstrate the country’s dedication to maintaining the rule of law and ensuring that its legal framework remains responsive to the evolving needs of its populace.
Harmonizing Tradition and Progress:
The UAE’s legal system represents a delicate balance between tradition and progress, harmonizing the values of its cultural heritage with the demands of a modern, globalized society. While preserving the core principles of Sharia law, the country has embraced legal reforms and innovations to create a robust and efficient legal environment that fosters economic growth, social harmony, and cultural preservation.
In conclusion, the United Arab Emirates’ legal system is a testament to the country’s commitment to nurturing a just and inclusive society while accommodating the complexities of the modern world. By combining the principles of Sharia law with a modern legal framework, the UAE has succeeded in creating a legal system that not only upholds its cultural identity but also fosters an environment conducive to economic prosperity, social harmony, and the protection of individual rights.
Modern Legal Framework and Judicial System:
The UAE has made significant strides in modernizing its legal system to meet the demands of a globalized world while preserving its cultural heritage. The country’s legal framework is characterized by a comprehensive set of federal and local laws that govern various aspects of civil, commercial, and criminal matters. The Federal Supreme Court serves as the highest judicial authority, ensuring uniformity and consistency in the interpretation and application of the law across all emirates.
