Wednesday, October 25, 2023

The new changes in the Abu Dhabi legal system as of October 25, 2023

 The UAE has undergone several legal reforms in recent years, including in Abu Dhabi. The following are some of the new changes in the Abu Dhabi legal system as of October 25, 2023:

 New Federal Crime and Punishment Law: This law was introduced in January 2022 and includes several changes, including:

  • Enhanced protections for women and domestic servants
  • Strengthened public safety and security provisions.
  • Eased restrictions on extra-marital relationships 

New Federal Non-Muslim Personal Status Law: This law was introduced in February 2023 and provides a non-Sharia legal framework for non-Muslim expatriates on matters such as marriage, divorce, inheritance, and child custody.

New Abu Dhabi Civil Family Court System: This system was introduced in February 2023 and allows non-Muslim couples to divorce and marry in a non-Sharia legal process.

In addition to these major changes legal system, there have been several other smaller changes made to the Abu Dhabi legal system in recent years- For example, the government has introduced new laws to regulate the use of social media and to protect personal data.

The introduction of alternative dispute resolution (ADR) mechanisms: ADR mechanisms such as mediation and arbitration are now widely used in Abu Dhabi to resolve disputes outside of court.

The establishment of specialized courts: In recent years, Abu Dhabi has established some specialized courts to deal with specific types of cases, such as commercial disputes, family matters, and labor issues.

The digitalization of the court system: Abu Dhabi has made significant progress in digitalizing its court system. This has made it easier and faster for people to access justice.

Overall, the Abu Dhabi legal system is becoming more modern and efficient, with a greater focus on protecting the rights of individuals and businesses.

Legal Translation of Documents: The new rule in Abu Dhabi regarding the legal translation of documents is Circular No. 8 of 2023, issued by the Abu Dhabi Judicial Council on September 12, 2023. This Circular exempts litigants from the requirement to translate bank statements and invoices issued in English when submitted to the Abu Dhabi courts.

This is a significant development, as it will save litigants time and money. Previously, all documents submitted to the Abu Dhabi courts had to be translated into Arabic by a certified legal translator. This was especially burdensome for litigants who were submitting bank statements and invoices, as these documents can be quite voluminous.

The exemption introduced by Circular No. 8 of 2023 is a welcome change for litigants and lawyers alike. It will help to streamline the legal process and make it more efficient.

In addition to the exemption for bank statements and invoices, the Abu Dhabi courts still require all other documents submitted to be translated into Arabic by a certified legal translator. This includes documents such as contracts, court orders, and medical records.

 Overall, the Abu Dhabi legal system is becoming more progressive and aligned with international standards. However, it is important to note that the UAE is still a conservative country and there are still some laws that may be considered outdated or restrictive by some people.

 Here are some specific examples of how the new laws have changed the legal landscape in Abu Dhabi:

  •  Domestic violence: The new Federal Crime and Punishment Law has introduced harsher penalties for domestic violence offenses. For example, the maximum penalty for the crime of domestic violence has been increased from five years to 10 years in prison.
  • Sexual harassment: The new Federal Crime and Punishment Law has also introduced new provisions to criminalize sexual harassment. For example, it is now a crime to touch or molest someone without their consent, even if the victim does not report the incident to the police.
  • Honor killings: The new Federal Crime and Punishment Law has also abolished the concept of honor killings. This means that anyone who kills a family member for reasons of honor will now face the same penalty as anyone else who commits murder.
  • Divorce: The new Federal Non-Muslim Personal Status Law has made it easier for non-Muslim couples to get a divorce. For example, couples can now request a divorce without having to prove that one party was at fault.
  • Child custody: The new Federal Non-Muslim Personal Status Law has also introduced new rules on child custody. For example, the law now states that both parents have equal rights to child custody after a divorce.

These are just a few examples of the new changes in the Abu Dhabi legal system. If you have any specific questions about the law, you should consult with a qualified lawyer.

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