On Saturday, the United Arab Emirates (UAE) unveiled a raft of changes to personal & criminal laws, including decriminalisation of alcohol consumption & divorce under the laws of the country of origin, that will have implications for millions of Indian expatriates.
UAE President, Sheikh Khalifa bin Zayed Al Nahyan, approved federal law decrees to amend personal status, civil transactions, penal code, & criminal procedural laws to enhance the legislative environment & “entrench the principles of tolerance in the society & strengthen the country’s position as a preferred hub that attracts people to reside & work”, state-run WAM news agency reported.
The UAE is home to some 3.4 million Indians, one of the largest diaspora populations in West Asia, & the expatriates include professionals & blue-collar workers.
The changes were described by the news agency as “one of the biggest overhauls of the legal system in years” & the new laws “reflect progressive measures to improve living standards” & to ensure the UAE remains “a destination for foreign direct investment”.
Several of the changes will have significant implications for expatriates, as the laws of the country of origin will now apply in matters such as divorces instead of Shariah or Islamic law.
WAM reported that “Based on the UAE’s solid commitment to protecting women’s rights, amendments to the penal code & criminal procedural law have repealed the article giving reduced (lenient) sentence in what is called ‘honour crimes’".
In cases of divorce or separation of expatriates in the UAE, the laws of the country where the marriage took place will apply, & a Court could mediate in the division of joint assets & joint accounts. Cases of wills or division of assets of a deceased expatriate who didn’t leave a will also will be handled under the laws of the country of nationality, instead of Shariah, as was the case in the past.
Suicide & attempted suicide were decriminalised under the changes. Anyone who survived an attempt to take their life could have been prosecuted under the earlier laws.
Alcohol consumption too was decriminalised & a person drinking or in possession of alcohol or selling alcohol in authorised areas without an alcohol licence won’t face penalties, according to media reports. However, a person must be 21 years old to drink legally & anyone found selling alcohol to an underage person will still be punished.
The changes also allow the “legal cohabitation of unmarried couples”. So far, it was illegal for an unmarried couple or unrelated persons to share a home in the UAE.
Consensual sex won’t be punished under the changes, but consensual sex involving a person under fourteen years of age or a mentally challenged person will be punished. A person convicted of sexual intercourse with a minor or mentally challenged person by force will be given the death penalty.
A key change to the penal code was the abolition of an article that allowed reduced punishment for so-called “honour crimes”. Under the changes, such crimes will be treated as assault or murder.
Another important change that could benefit Indians is an amendment to the penal procedural law that states arresting officers must have an interpreter present if a suspect or witness doesn’t know Arabic. Courts must also ensure that legal translators are available for defendants & witnesses who don’t speak Arabic.
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