This Country Profile provides a basic overview of the legal history and institutional structures of the United Arab Emirates (Al Imarat al Arabiyah al Muttahidah), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under the UAE's Constitution, Islamic law (sharīʿa or fiqh) has primary legal status.
Country Background
The United Arab Emirates is a federation of emirates located in the Middle East. It is bounded by Qatar, Iran, Saudi Arabia, and Oman. The UAE consists of seven emirates in total: Abu Dhabi (which serves as the capital), Ajman, Dubai, Fujairah, Ras al-Khaimah, Sharjah, and Umm al-Quwain. The two largest emirates are Abu Dhabi and Dubai, where over two-thirds of the UAE's population resides. The official language is Arabic. The federation's population in 2017 was approximately 6.1 million, 85% of whom are expatriates and non-citizens. The official religion of the UAE is Islam. The UAE's population is predominantly Muslim, with about 76% of the population Muslim (85% of whom are Sunnī and 15% of whom are Shīʿī). The UAE is a member state of the Organisation of Islamic Cooperation and Arab League.
Constitution & Legal Structure
The UAE is referred to as a federation of monarchs, in which sovereignty lies with the state. Each of the seven emirates is governed by an absolute monarch, who together jointly form the Federal Supreme Council. One of the monarchs (typically the Emir of Abu Dhabi) is selected as the President of the UAE while another (typically the Emir of Dubai) is selected as the Prime Minister. The Constitution of the UAE (adopted in 1971) separates powers into executive, legislative, and judicial branches. Additionally, legislative and executive powers are divided into federal and emirate jurisdictions. The legal system of the UAE is a mixed legal system of civil law and Islamic legal tradition, and was also heavily influenced by the Egyptian legal code. The legal system includes both sharīʿa and civil courts that operate in parallel to each other.
Constitutional Status of Islamic Law
Islamic law has constitutional status and is a primary source of legislation in the UAE. Islamic law has particular influence in matters of personal status and the creation of personal status law. Furthermore, sharīʿa legalizes judicial corporal punishment as a form of punishment in the UAE. However, even though the UAE's core legal principles are drawn from sharīʿa, most legislation that is unrelated to personal status is comprised of a mix of Islamic and European concepts of civil law, and is also influenced by the Egyptian legal code.
Jurisdiction(s) of Islamic Law
Although Islamic law is the basis of the UAE's legal system, sharīʿa is primarily confined to social laws (such as family law) and matters of personal status. Islamic law is also used to legalize judicial corporal punishment in the UAE.
Islamic law has official jurisdiction of operation in the UAE's sharīʿa courts, which are primarily responsible for civil matters between Muslims. Non-Muslims will not appear before a sharīʿa court in any matter. Sharīʿa courts also have exclusive jurisdiction over matters of personal status. The sharīʿa courts work alongside civil and criminal courts in the UAE. In the absence of any particular provision in the UAE's codified law, courts can make decisions according to sharīʿa.
Dominant School of Islamic Law
The official school in the UAE is the Mālikī (Sunnī) school.
Sources of Law for Legal Research
Official Publications
Unofficial Databases
References:
For an extended list of legal resources for this country, see the Library of Congress’s Research Guide, and for a narrative review, see the GlobaLex Foreign Law Research Guide (most updated version, where available). The Constitution is available in the LOC Guide in its original language and at Constitute in English translation. For full versions of past constitutions, amendments, and related legislation, see HeinOnline World Constitutions Illustrated or Oxford Constitutions of the World [subscription required for each].