UNITED ARAB EMIRATES

Constitutional Provisions

Article 141

Equality, social justice, ensuring safety and security and equality of opportunity for all
citizens shall be the pillars of the Society . Co-operation and mutual mercy shall be a firm bond
between them.

Article 15

The family is the basis of society. It is founded on morality, religion, ethics and patriotism. The
law shall guarantee its existence, safeguard and protect it from corruption.

Article 16

Society shall be responsible for protecting childhood and motherhood and shall protect
minors and others unable to look after themselves for any reason, such as illness or incapacity or
old age or forced unemployment. It shall be responsible for assisting them and enabling them to
help themselves for their own benefit and that of the community. Such matters shall be regulated
by welfare and social security legislations.

Article 252

All persons are equal before the law, without distinction between citizens of the Union in
regard to race, nationality, religious belief or social status.

Article 263

Personal liberty is guaranteed to all citizens. No person may be arrested, searched, detained or
imprisoned except in accordance with the provisions of law. No person shall be subjected to
torture or to degrading treatment.

1
Constitution of United Arab Emirates, https://www.wipo.int/edocs/lexdocs/laws/en/ae/ae030en.pdf
2
Constitution of United Arab Emirates, https://www.wipo.int/edocs/lexdocs/laws/en/ae/ae030en.pdf
3
Constitution of United Arab Emirates, https://www.wipo.int/edocs/lexdocs/laws/en/ae/ae030en.pdf
Article 28 4

Penalty is personal. An accused shall be presumed innocent until proved guilty in a legal and fair
trial. The accused shall have the right to appoint the person who is capable to conduct his
defence during the trial. The law shall prescribe the cases in which the presence of a counsel for
defence shall be assigned. Physical and moral abuse of an accused person is prohibited.

Article 35

Public office shall be open to all citizens on a basis of equality of opportunity in accordance
with the provisions of law. Public office shall be a national service entrusted to those who hold
it. The public servant shall aim, in the execution of his duties, at the public interest alone.

Penal Code of United Arab Emirates

Article 53 5

There is no crime if the act takes place in good faith in the use of a right provided for in the law
and within the limits set for such right.

The following shall be considered as a use of right:

1. Chastisement by a husband to his wife and chastisement of the parents, or whoever acts in
their stead, to the minor children within the limits prescribed by Shari’a or by law

Article 2766

Shall be sentenced to detention and/or to a fine, whoever falsely and with bad faith makes a
false report to the judicial or administrative authorities that a person committed something
which deserves a criminal penalty or an administrative sanction even if it did not entail
filing a criminal or disciplinary action, as well as whoever fabricated false material evidence
that a person has perpetrated a crime, or caused taking legal measures against a person knowing
that he is innocent. Penalty shall be detention and fine should the fake crime be a felony. In case

4
Constitution of United Arab Emirates, https://www.wipo.int/edocs/lexdocs/laws/en/ae/ae030en.pdf
5
Penal Code of United Arab Emirates, https://cdn.expatwoman.com/s3fs-public/UAE%20Penal%20Code.pdf
6
Penal Code of United Arab Emirates, https://cdn.expatwoman.com/s3fs-public/UAE%20Penal%20Code.pdf
the false accusation result in inflicting a felony penalty, the slanderer shall be sanctioned to the
same adjudged penalty

Article 3547

Without prejudice to the provisions of the law on juvenile delinquents and displaced

(1)shall be sentenced to death penalty, whoever used coercion in having sexual intercourse with
a female or sodomy with a male. Coercion shall be considered existent if the victim is below
fourteen years of age when the crime is perpetrated

Article 355 8

Attempt to perpetrate the crimes stipulated in the preceding Article (shall be sanctioned to life
imprisonment.

Article 356 9

Without prejudice to two preceding articles, the crime of voluntary debasement shall be
penalized by detention for a minimum term of one year, but if the said crime is perpetrated on a
male or female below fourteen years of age or if committed by coercion, the penalty shall be
term imprisonment.

Article 357 10

Should death of the victim result from one of the crimes provided for in the preceding articles,
the penalty shall be the death sentence.

7
Penal Code of United Arab Emirates, https://cdn.expatwoman.com/s3fs-public/UAE%20Penal%20Code.pdf
8
Penal Code of United Arab Emirates, https://cdn.expatwoman.com/s3fs-public/UAE%20Penal%20Code.pdf
9
Penal Code of United Arab Emirates, https://cdn.expatwoman.com/s3fs-public/UAE%20Penal%20Code.pdf
10
Penal Code of United Arab Emirates, https://cdn.expatwoman.com/s3fs-public/UAE%20Penal%20Code.pdf
Article 358 11

Shall be sentenced to detention for a minimum term or six months, whoever has flagrantly
committed an indecent act. Shall be sentenced to detention for a minimum term of one year,
whoever has perpetrated an indecent act with a girl or boy who did not complete fifteen years of
age, even if not committed Openly.

Article 359 12

(1) Shall be sentenced to detention for a maximum period of one year and/or to a fine not in
excess of ten thousands dirhams, whoever molests a female in an indecent way by words or acts
in a public road or in a frequented place. Shall be sentenced as well to the same penalty, any
male disguised in a female apparel and enters in this disguise a place reserved for women or
where entry is forbidden, at that time, for other than women. Should the male perpetrate a crime
in this condition, this shall be considered an aggravating circumstance.

Article 36013

Shall be sentenced to detention for a minimum term of six months, whoever is found on a pubic
road or frequented place enticing the passersby, by words or signs, to debauchery.

Article 361 14

Shall be sentenced to detention for a term not exceeding six months and/or to a fine not in excess
of five thousands dirham, whoever publicly makes an appeal or utters a song, Yelling or speech
that is immoral or publicly prompts others by any means to debauchery.

Article 36215

Shall be sentenced to the penalty provided for in the preceding article, whoever manufactures,
imports, exports, possesses, acquires or transports for the purpose of exploiting, distributing or
displaying to others writings, drawings, pictures, films, symbols or other matters if they are

11
Penal Code of United Arab Emirates, https://cdn.expatwoman.com/s3fs-public/UAE%20Penal%20Code.pdf
12
Penal Code of United Arab Emirates, https://cdn.expatwoman.com/s3fs-public/UAE%20Penal%20Code.pdf
13
Penal Code of United Arab Emirates, https://cdn.expatwoman.com/s3fs-public/UAE%20Penal%20Code.pdf
14
Penal Code of United Arab Emirates, https://cdn.expatwoman.com/s3fs-public/UAE%20Penal%20Code.pdf
15
Penal Code of United Arab Emirates, https://cdn.expatwoman.com/s3fs-public/UAE%20Penal%20Code.pdf
violating public morals. Shall be sentenced to the same penalty, whoever advertises any of the
mentioned objects

Article 36316

Shall be sentenced to detention for a minimum term of one year and to a fine, whoever entices,
induces or tempts, by any means, a male or female to commit debauchery or prostitution or
assisted him to this end. In case the age of the victim is below eighteen years, then the penalty
shall be detentions for a minimum term of two years and the payment of a fine.

Article 364 17

Shall be sentenced to imprisonment for a term not exceeding ten years, whoever entices a male
or female to debauchery or prostitution by means of coercion, threat or subterfuge. The penalty
shall be imprisonment for a minimum term of ten years, should the age of the victim be below
eighteen years of age. The foregoing penalties, as the case may be, shall apply to whoever
detains a person against his will by means of coercion, threat or subterfuge in a place with the
intention of enticing him to perpetrate one or more acts of debauchery or prostitution.

Article 36518

Shall be sentenced to term imprisonment, whoever establishes or manages a place of debauchery

Article 36619

Shall be sentenced to detention for a term not exceeding five years, whoever exploits by an
means the lewdness or debauchery of a person.

16
Penal Code of United Arab Emirates, https://cdn.expatwoman.com/s3fs-public/UAE%20Penal%20Code.pdf
17
Penal Code of United Arab Emirates, https://cdn.expatwoman.com/s3fs-public/UAE%20Penal%20Code.pdf
18
Penal Code of United Arab Emirates, https://cdn.expatwoman.com/s3fs-public/UAE%20Penal%20Code.pdf
19
Penal Code of United Arab Emirates, https://cdn.expatwoman.com/s3fs-public/UAE%20Penal%20Code.pdf
Article 367 20

Should the offender, in the crimes provided for in articles 363, 364 and 366, be an ascendant of
the victim, an unmarriageable person to him, his custodian or whoever has an authority on him or
be a servant to him or to one of the above mentioned, this shall be considered an aggravating
circumstance.

Article 36821

Shall be sanctioned to term imprisonment, whoever habitually practices debauchery or

Article 369

In one of the crimes provided for in this section, where the offender is condemned by judgment
to a penalty restricting his freedom for a period of one year or more, the condemned shall be put
under the control of the police for a period equal to that adjudicated.

Article 370

The offender is presumed to now the age of the victim in the Article (include in this section.

Personal Security Law of United Arab Emirates

Article 5422

20
Penal Code of United Arab Emirates, https://cdn.expatwoman.com/s3fs-public/UAE%20Penal%20Code.pdf
21
Penal Code of United Arab Emirates, https://cdn.expatwoman.com/s3fs-public/UAE%20Penal%20Code.pdf
22
Personal Status Law of United Arab Emirates https://elaws.moj.gov.ae/UAE-MOJ_LC-
En/00_PERSONAL%20STATUS/UAE-LC-En_2005-11-19_00028_Kait.html?val=EL1&Words=Personal%20Status
Mutual rights and obligations between the spouses are:
1- Legitimate mutual enjoyment of each other within what is allowed by law.
2- Lawful cohabitation.
3- Good treatment, mutual respect and compassion and preservation of the family welfare.
4- Care of the children and their education thus assuring upbringing on sound basis.

Article 5523
Rights of the wife towards her husband:
1. Alimony.
2. Non-obstruction to complete her education.
3. Non-opposition to visit her ascendants, descendants and brothers.
4. Non-interference with her personal properties.
5. Non-infliction of bodily or moral prejudice to her.
6. Equitable treatment between her and the other wives, in case the husband has taken more
than one wife

Article 5624
Rights of the husband towards his wife shall be as follows:
1- Supervising the house and preserving its assets.
2- Suckling his children from her unless there is an impediment.

Article 6225

23
Personal Status Law of United Arab Emirates https://elaws.moj.gov.ae/UAE-MOJ_LC-
En/00_PERSONAL%20STATUS/UAE-LC-En_2005-11-19_00028_Kait.html?val=EL1&Words=Personal%20Status
24
Personal Status Law of United Arab Emirates https://elaws.moj.gov.ae/UAE-MOJ_LC-
En/00_PERSONAL%20STATUS/UAE-LC-En_2005-11-19_00028_Kait.html?val=EL1&Words=Personal%20Stat
25
Personal Status Law of United Arab Emirates https://elaws.moj.gov.ae/UAE-MOJ_LC-
En/00_PERSONAL%20STATUS/UAE-LC-En_2005-11-19_00028_Kait.html?val=EL1&Words=Personal%20Status
 1. A woman having reached the age of full capacity is free to dispose of her property
and the husband may not, without her consent, dispose thereof; each one of them
has independent financial assets. If one of the two participates with the other in
the development of a property, building a dwelling place or the like, he may claim
from the latter his share therein upon divorce or death.
2. In donations, or similar dispositions, between the children or the wives equality
must exist unless the judge deems that there is an interest thereto. Should there be
no equality, the judge shall bring it into effect and shall exclude it from the
succession.

Article 11626
1- The wife in a non-consummated marriage shall be adjudged separation due to non-payment
by her husband of the due dowry, in the following instances:
a. If the husband has no apparent funds from which the dowry could be drawn;
b. If the husband is manifestly insolvent or of unknown status and the period fixed by the
judge for payment of her dowry has expired without payment.
2- The wife shall not, after consummation of the marriage, be adjudged separation for non-
payment of her due dowry which shall remain a debt on her husband.

Article 13227
The wife is entitled to ask for divorce if her husband swore not to have sexual relations with
her for four months or more, unless he has such relations before the expiry of the four months.
Divorce in this case is non-retractable

“UAE law permits domestic violence. Article 53 of the penal code allows the imposition of
“chastisement by a husband to his wife and the chastisement of minor children” so long as the
assault does not exceed the limits of Islamic law. Marital rape is not a crime. In 2010, the Federal
Supreme Court issued a ruling, citing the penal code, that sanctions husbands’ beating and

26
Personal Status Law of United Arab Emirates https://elaws.moj.gov.ae/UAE-MOJ_LC-
En/00_PERSONAL%20STATUS/UAE-LC-En_2005-11-19_00028_Kait.html?val=EL1&Words=Personal%20Status
27
Personal Status Law of United Arab Emirates https://elaws.moj.gov.ae/UAE-MOJ_LC-
En/00_PERSONAL%20STATUS/UAE-LC-En_2005-11-19_00028_Kait.html?val=EL1&Words=Personal%20Status
infliction of other forms of punishment or coercion on their wives, provided they do not leave
physical marks”28

“The UAE has implemented a few reforms, such as prohibiting sex and gender discrimination
in the country's anti-discrimination law and repealing legal provisions that required women to
"obey" their spouses, explicitly affirmed a man's lawful right to punish his spouse and kids, as
well as penalised consensual extramarital sex. A comprehensive domestic violence legislation
went into effect in March 2020, including provisions allowing women to seek interim injunction
against abusers. Minor adjustments to a personal status legislation were made by UAE
authorities in 2019 and 2020, although a female inside the UAE still can loose the right to
pecuniary maintenance from the spouse if she declines to have sexual intercourse to him without
a "lawful explanation.". A court can also find women in violation of her spousal responsibilities
if she leaves home or accepts a job that is not in accordance with "the law, tradition, or need," or
whether the judge believes it is detrimental to the family's welfare. This alteration was made
gender neutral During November 2020, , UAE also removed a penal code provision that
permitted males to obtain lesser terms for murdering a female relative who was engaged in
extramarital sex. Families of murder victims, on the other hand, have the option of waiving the
rights to see the perpetrator prosecuted in return for payment (blood money) or voluntarily
pardoning them. In such circumstances, the accused may face a prison term of 7 years in jail
rather than life in prison. When family members murder a woman, notably in so-called "honour"
killings, the victim's family is also the murderer's family, and men are more likely to get lower
punishments. In addition, on November 2020, UAE modified its penal code to eliminate
terminology that had previously been used to penalise consenting sexual interactions outside of

28
https://www.hrw.org/world-report/2018/country-chapters/united-arab-emirates
marriage. Because pregnancy may be used as proof of sex outside of marriage, this rule
disproportionately harmed both men and women”29

29
https://www.hrw.org/news/2021/03/04/uae-greater-progress-needed-womens-rights