UAE has emphasized on progressive and well-structured legal system. The country has focused its efforts on making a robust and equitable legal system. Emirates is a federation of seven different emirates, Dubai and Abu Dhabi. The UAE legal framework is an amalgamation of civil laws, sharia principles, and international best practices.
There have been evolving statutes and codes that are introduced repeatedly to align the UAE legal framework with the global business practices. The UAE legal system plays an integral role in ensuring justice, fairness, transparency, and governance. Furthermore, it also makes sure that legal compliance takes place across all sectors operating within the UAE. Our Emirati lawyers are popular in UAE for UAE legal system. They are the most senior and experienced lawyers and legal consultants. Our Dubai law firm has professional organizational structure.
Historic background of the UAE legal system:
It is relatively new and young. It is not a historic or centuries-old system. It was newly developed after the formation of the UAE in 1971. Initially, it was mainly influenced by Egyptian civil laws. Our lawyers can also explain this.
The Egyptian laws were primarily inspired by French legal principles. Over the years, the UAE has worked on developing a hybrid legal structure that incorporates Islamic laws, civil laws, common laws, and the best international practices.
Gradually, the UAE has intricately and meticulously designed its hybrid structure. The personal and family matters in the UAE mainly follow the Islamic Sharia law.
Secondly, the civil law and commercial codes are applicable to businesses, entities, real estate, and contractual issues. We have the best team of commercial lawyers in United Arab Emirates.
The constitution of the UAE is a supreme and powerful legal document that provides useful guidelines over the division of powers and authority. It outlines the segregation of powers at the federal as well as the Emirates level. Our lawyers also help while understanding UAE constitutional and legal infrastructure.
The unique facet of the UAE legal system is its dual authority structure. The federal laws are applicable to all emirates irrespective of any discrimination. However, every emirate retains the right to have its own legislative power.
The Federal Supreme Council and the Federal National Council (FNC) are the two powerful authorities in the UAE. They are responsible for overseeing the creation and interpretation of national laws.
The UAE laws are mainly enforced via the federal judiciary in the UAE. It is enforced through the federal Supreme Court and other lower courts.
Emirates such as Dubai and Ras Al Khaimah have opted out of the federal Court system in recent times. Now, they operate under their independent judicial framework.
The Emirates drafts the laws and also enforces them over real estate matters, commercial, civil, and financial issues. Therefore, a multilayered legal environment is formed.
Key features of the UAE legal system:
Nonetheless, the civil laws in the UAE adhere to Confucian systems that are influenced by French civil law traditions. Civil law covers a wide range of matters, including real estate, civil claims, debts, lease agreements, and much more.
Commercial law involves the business activities in the UAE. The UAE commercial company law provides guidelines regarding the rules of company formation, shareholders’ agreement, and commercial conduct.
UAE labor law regulates the employee-employer relationship. It handles all the matters regarding labor relations like working hours, termination, terms of contracts, end of service benefits, and gratuity.
Federal Law no 33 of 2021 keeps evolving to cater to the labor needs. The prime goal is to strike the right balance between workers’ rights and responsibilities.
Criminal Law adheres to the UAE Penal Code. The UAE Penal Code governs criminal offenses and penalties according to the statutes and regulations.
The UAE has now taken a modern and secular approach, unlike in the past. In the past, the entire focus was on the Sharia principles.
Over time, the focus has shifted towards a more secular approach, especially in cases of capital punishment. However, the laws remain conservative in cases like alcohol consumption and public decency.
The Family matters are mainly governed under the Sharia laws for UAE nationals and Muslims.
However, during the recent amendments, the reforms were introduced to facilitate non-Muslims. They are allowed, as per the UAE family law, to opt for civil procedures under their home country rather than relying on Sharia principles.
It is mainly allowed in Emirates like Dubai and Abu Dhabi. The UAE is home to over 40 free zones. Every free zone is designed to attract foreign investment into the country.
Free zones offer rather favorable and friendly regulations and laws. Some of the prominent free zones are Dubai International Financial Centre (DIFC) and Abu Dhabi Global Market (ADGM).
Primarily, the free zones operate independently. They have their legal systems that are based on English Common law.
Moreover, they have their own judges, courts, and legal procedures. Free zones in Dubai and Abu Dhabi are an eminent feature for international businesses, multinationals, and investors from around the globe.
The role of lawyers and law firms in Dubai:
Lawyers and law firms in Dubai have an instrumental role in navigating the business and investors in the free zones. Besides, they are the ones who directly deal with the UAE legal system.
They have a deeper understanding of the UAE legal framework and thus, guide the businesses and investors according to the Federal laws and local regulations.
The lawyers and law firms in Dubai play a vital part in offering legal advice to them regarding the legal matters, including civil, commercial, family, criminal, employment, and others.
