Empower Your Legal Strategy: Make the Most of the UAE’s 36-Month Policy in Civil Cases

 One of my Clients has been involved in multiple civil cases in the UAE and has already served 36 months in jail. After being released from Sharjah jail, he was transferred to Ajman jail for another civil case. However, recent legal reforms in the UAE have capped the maximum imprisonment period for civil cases at 36 months. How can my client benefit from this new regulation? 

Sharjah Jail room

 Dealing with overlapping civil execution cases across different Emirates can feel like an endless legal loop. A common crisis happens when a judgment debtor serves their time in one Emirate (like Sharjah), only to be immediately transferred to another (like Ajman) to face detention for a completely separate civil debt.

If you or a client is trapped in this cycle, a major legislative shield exists in the UAE Civil Procedure Law (Federal Decree-Law No. 42/2022). Under these provisions, the law places a strict cap on the total duration a person can be detained for civil debts.

Here is exactly how this law works and the immediate steps you must take to secure a release.

Understanding the 36-Month Cap (Article 319)

Under Article 319 of the UAE Civil Procedure Law, an execution judge can order the detention of a defaulting debtor, but this power is heavily restricted:

• The Aggregate Limit: The maximum continuous or aggregate period of detention for civil debts cannot exceed 36 months.

• The "Multiple Creditors" Rule: Crucially, the law explicitly states that this 36-month limit applies “whether or not the debtor owes a sequence of debts to multiple creditors.” This means creditors cannot simply stack separate cases to keep a debtor in prison indefinitely.

• The Exception: Note that if the underlying debt is the result of a willful financial crime (such as a criminal fraud conviction that led to a civil restitution order), the court can extend maximum detention up to 60 months.

If your client has already served 36 months in Sharjah purely for civil judgment executions, holding them in Ajman for another civil debt likely violates the statutory cap.

Action Plan: 5 Steps to Secure Your Client's Release

To effectively leverage Federal Decree-Law No. 42/2022, you must act systematically across the judicial systems of both Emirates.

1. Consolidate Prison and Detention Records

Before filing anything, you need concrete, official proof of time served.

• Request an official Incarceration Certificate (To Whom It May Concern) from the Sharjah Punitive and Correctional Institutions.

• This document must explicitly state the exact start and end dates of the 36-month detention and specify that it was for a civil execution case.

2. File an Urgent Motion with the Ajman Execution Judge

Do not wait for the Ajman court to figure this out on its own. Your lawyer must file an urgent petition directly to the Execution Judge handling the case in Ajman.

• The Argument: Cite Article 319 of Federal Decree-Law No. 42/2022. Argue that the client has already reached the absolute legislative maximum of 36 months for civil execution detention within the UAE.

• The Demand: Request an immediate order to cancel the Ajman arrest/detention warrant and order his release, as continuing the detention exceeds the statutory limits of the state.

3. Leverage the Shift in "Insolvency" Burden

Following recent landmark directives by the Court of Cassation, the burden of proof in civil detentions has fundamentally shifted. Sharia principles applied in UAE courts presume a debtor is insolvent (unable to pay) unless the creditor can actively prove the debtor has hidden or smuggled assets. Your petition should highlight that your client remains broke and has already given 3 years of his life to the state's correctional system.

4. Engage with Prison Authorities Directly

While the court motion is pending, submit a copy of the Sharjah release papers and the relevant sections of the Civil Procedure Law to the legal department inside Ajman Jail. While prison officials cannot overrule a judge, they can flag illegal over-detention to the Public Prosecution for an expedited administrative review.

5. Access Pro Bono Legal Assistance

If your client has completely run out of money after 36 months in custody, you can access free, state-backed legal aid to file these motions.

How to Access Free Legal Aid in the UAE

The UAE government offers robust, structured pro bono programs for individuals who genuinely cannot afford defense attorneys.

Entity / Program	Region Covered	Services Provided	How to Apply
Ministry of Justice Portal	Sharjah, Ajman, & Northern Emirates	Free defense lawyers for eligible federal court cases.	Apply via the MOJ Smart App or online portal under "Request for Legal Aid."
Dubai Courts "Shoor" Program	Dubai	Free legal consultations and case guidance with private law firms.	Accessible via the Dubai Courts website or customer service centers.
ADJD Legal Aid	Abu Dhabi	Full court representation, expert fee coverage, and liquidations for low-income clients.	Apply through the Abu Dhabi Judicial Department Portal with proof of financial distress.
CDA Legal Clinic	Dubai	Free legal counseling clinics for residents facing civil or labor challenges.	Contact the Community Development Authority helpline or visit their portal.

Required Documents for Pro Bono Aid:

1. Proof of Financial Status: Bank statements showing zero balance, or a certificate of insolvency.

2. Identity Docs: Original/Copy of Emirates ID and Passport (or prison booking details if held by authorities).

3. Case Portfolio: The Ajman execution case numbers and the Sharjah jail completion certificate.

The Bottom Line: The law does not allow endless revolving-door prison terms for civil debts in the UAE. If 36 months have been served, the legal remedy is immediate. Act quickly, file your certificates, and protect your client's civil rights under the 2022 federal decree.

#UAELegalUpdates #CivilLawUAE #AjmanCourt #SharjahJail #LegalAidUAE #UAEProBono #DebtExecutionUAE #KnowYourRights2026

Unlock New Opportunities: UAE Extends Visa Amnesty by 2 Months

 This is great news for those overstaying their visas in the UAE. The extension of the visa amnesty program gives them more time to regularize their status or leave the country without facing penalties. It's a humanitarian gesture that allows people to correct their situation and avoid potential legal issues.

Here are some key points to remember:

• Extended Deadline: The new deadline for the visa amnesty program is December 31, 2024.
• Benefits: Overstayers can either leave the country without penalties or convert their visa into a residency visa if they have a job offer.
• Government Initiative: The UAE government is waiving millions in fines for overstayers, making it a more affordable process.

It's important for those affected by this to take advantage of this opportunity and resolve their visa status before the deadline.

Exciting New Visa Changes for Indians: Your U.A.E Travel Made Easy

 The UAE has recently introduced a visa-on-arrival policy for Indian nationals holding valid US, UK, or EU visas. This new rule offers easier entry for Indian travelers and enhances business opportunities between the two nations.

UAE

Here's a breakdown of the new rules:

Eligibility:

• Indian nationals holding valid permanent resident cards or visas from the United States, United Kingdom, or any European Union country.
• Indian passport holders with a valid US visa for at least six months.
• Indian passport holders with a valid US green card for at least six months.

Visa Type: 

• A 14-day visa on arrival: This visa is granted upon arrival in the UAE and can be extended by 60 days with a fee.

Process:

• Eligible Indian nationals will receive a 14-day visa-on-arrival upon their arrival in the UAE.
• The visa can be extended for 60 days by paying the applicable fees.

Additional Information:

• The visa is valid for a single entry.
• The passport must be valid for at least six months from entry.
• Other Indian passport holders will still need to apply for an e-visa through the online application process.

Are there any exceptions to this rule?

there are a few exceptions to the visa-on-arrival rule for Indian nationals in the UAE:

1. Previous Visa Violations: Individuals with a history of visa violations or overstays in the UAE or other countries may not be eligible for a visa on arrival.
2. Security Concerns: Those flagged for security reasons or on watchlists may be denied entry despite holding valid visas or residence permits from the US, UK, or EU.
3. Incomplete Documentation: Travelers who do not have all the required documents, such as a valid passport with at least six months of validity, may be denied entry.

It’s always a good idea to check with the UAE immigration authorities or the airline before traveling to ensure you meet all the requirements.

How can I check my eligibility before traveling?

 To check your eligibility for a visa on arrival in the UAE as an Indian national, you can follow these steps:

 Review Requirements: Ensure you meet the basic eligibility criteria:

Hold a valid visa or residence permit from the US, UK, or any EU country.

Your passport should be valid for at least six months from arrival.

Online Resources: Visit the official UAE government portal or the Federal Authority for Identity, Citizenship, Customs, and Ports Security (ICP) website. They provide detailed information and eligibility checks.

Airline Assistance: Contact your airline. Many airlines offer visa services and can confirm your eligibility based on your travel documents.

Embassy or Consulate: Contact the UAE embassy or consulate in your country. They can provide the most accurate and updated information regarding visa policies and eligibility1.

Travel Agencies: Consult with a reputable travel agency. They often have the latest information on visa requirements and can assist with the application process.

By following these steps, you can ensure a smooth travel experience. If you have any specific concerns or need further assistance, feel free to ask!

 

Ensure Peace of Mind: Simplify Wills and Asset Protection for Expatriates in the U.A.E

 UAE expatriates can register a will for their assets in both the Emirates and their home country. This is especially important if you have assets in both locations.  

U.A.E Will

Here's a breakdown of the options:

• DIFC Wills Service Centre: This is a dedicated service for non-Muslims in Dubai and Ras Al Khaimah. It allows you to register a will that covers both movable and immovable assets worldwide.  
• Dubai Courts or Abu Dhabi Judicial Department: These courts can also register wills for non-Muslims.  
• Home Country Embassy/Consulate: If your home country has an embassy or consulate in the UAE, you may be able to register your will through them.

It's crucial to consult with a legal professional to ensure that your will is valid and enforceable in both jurisdictions. They can advise you on the specific requirements and help you navigate the legal processes involved.

Additional considerations:

• UAE's Personal Status Law: This law allows non-Muslims to choose the laws of their home country for matters like marriage, divorce, inheritance, wills, and proof of parentage.  
• Conflict of Laws: If there are inconsistencies between the laws of your home country and the UAE, the laws of the place where the assets are located will generally apply.

What are the relevant laws?

In the UAE, non-Muslim residents can choose to apply the laws of their home country for marriage, divorce, inheritance, wills, and proof of parentage under Article 1 (1) of the Federal Decree-Law No. 41 of 2022 on Civil Personal Status. This law states:

“The provisions of this Decree-Law shall apply to non-Muslims who are national citizens of the United Arab Emirates, and to non-Muslim foreigners residing in the state, unless any of them adheres to the application of the law of their home country, with regard to the articles of marriage, divorce, inheritance, wills, and proof of parentage, without prejudice to the provisions of Articles (12), (13), (15), (16), and (17) of Federal Law No. (5) of 1985 referred to above.”

Furthermore, a non-Muslim may register a will as per their choice under Article 11(1) of the UAE Personal Status Law for Non-Muslims, which states:

“A legator may leave a will with all his or her assets in the state to anyone of his/her choice according to the controls set out by the Implementing Regulations of this Decree Law.”

Additionally, the registration of wills for non-Muslim individuals may be in accordance with the provisions of Law No. 15 of 2017 Concerning the Administration of Estates and Implementation of Wills of non-Muslims in the Emirate of Dubai. This includes:

• Article 3 of the Dubai Wills Law: “This Law will apply to all wills and estates of non-Muslims in the emirate, including in the Dubai International Financial Centre.”
• Article 6(a) of the Dubai Wills Law: “A register known as the ‘Register of Wills of non-Muslims’ will be created at the Dubai Courts and the DIFC Courts for the purpose of registering wills of non-Muslims.”

Moreover, Article 9(1) of the DIFC Wills and Probate Registry Rules provides the requirements related to the registration of non-Muslim wills. A non-Muslim resident of the UAE may register their will at DIFC in accordance with the DIFC WPR Rules.

DIFC wills may include the movable and immovable assets of the testator located in any part of the world under Article 11 of the DIFC WPR Rules, which states:

“A will may give or dispose of immovable and movable property, located in any part of the world, to which the testator is entitled at the time of his death, whether the testator became entitled to it before or after the registration of his will, and shall not govern succession to any other property.”

In Dubai, a non-Muslim individual may register their will in Dubai Courts, the Dubai International Financial Centre (DIFC), or the respective embassy/consulate of their home country based in the UAE if such service is provided. The contents of a will to be registered in Dubai Courts or DIFC may include, without limitation, the details of the executor(s) and/or beneficiaries of their investments, properties, jewellery, movable and immovable properties, shares in entities, bank accounts, credentials/passwords for their bank accounts, emails, social media, and other matters based in the UAE or outside the UAE.

Based on the aforementioned provisions of law, you may consider registering a will for your estate both in the UAE and your home country. This can be done through a Notary Public at the Dubai Courts, the DIFC Wills Service Centre, or at your home country’s Embassy/Consulate (if such registration is provided). However, it is advisable to seek advice from an independent legal counsel to further guide you.

 

 

Sharjah Introduces Tenant Protection: 3-Year Eviction Moratorium

 A new rental law announced on Monday mandates that landlords in Sharjah must ratify

Sharjah Ruler Dr Sulthan bin Muhammed AL Qasimi

contracts within 15 days of issuance. The new law addresses the conditions under which a landlord may evict a tenant from the leased property. Additionally, it defines the circumstances in which both parties can mutually agree to terminate their rental contract.

The law issued by Sheikh Dr. Sultan bin Muhammad Al Qasimi, Ruler of Sharjah and Member of the Supreme Council, specifies the conditions for eviction as follows:

1. Eviction Restrictions:
• Landlords cannot request tenants to vacate the leased property before the expiry of 3 years for residential use and 5 years for commercial, industrial, or professional use. Previously, landlords could ask tenants to vacate the property with a three-month eviction notice after getting permission from Sharjah Municipality.

The new lease law applies unless one of the following reasons is available:

A. If the tenant does not pay the rent or any instalment thereof within 15 days from the due date.

B. The tenant’s violation of any of his legal or contractual obligations and failure to remove the violation within 30 days from the date of notification by the landlord.

C. If the tenant assigns all or part of the lease contract or re-rents all or part of the leased property in violation of the provisions of this law and its executive regulations, without prejudice to the provisions of the transfer of ownership of the commercial premises stipulated by law.

D. If the tenant uses the rented property or allows others to use it for a purpose other than that specified in the lease contract or in violation of its terms or uses it for purposes that conflict with public order or public morals.

E. If the landlord wishes to demolish the rented property, rebuild it, or carry out comprehensive maintenance that makes it impossible for the tenant to be present in the property, in accordance with the conditions specified in the executive regulations of this law.

Meanwhile, if the landlord wishes to occupy the rented property for the purpose of residence for himself or one of his first-degree adult relatives, provided that the following occurs:

A. He shall not own another property suitable for housing within the municipality’s jurisdiction.

B. Notifying the tenant of the eviction request within a period of not less than three months from the date set for the eviction.

C. That the landlord himself or one of his first-degree adult relatives actually occupy the leased property within two months after it has been vacated by the tenant and for a period of one year without interruption.

2. If the landlord does not comply with the conditions outlined in paragraph E of this article, the tenant shall have the right to claim compensation for the damage he suffered as a result of the eviction before the centre.

The law states that if the landlord refuses to accept the rent payments or does not specify a location for payment, the tenant can deposit the rent or instalment with the designated centre, as long as he/she follows the guidelines in the law's executive regulations. In case the landlord or tenant hasn't agreed on the method or date of payment, or if proving such an agreement is difficult, rent will be paid in four equal instalments spread throughout the lease term.

Termination of Contract

The new law also defines the termination of the rental relationship as follows:

1. Transfer of Ownership: The rental relationship does not end, and the tenant is not harmed by the transfer of ownership of the leased property to a new owner, regardless of the method or reason for its transfer. The new landlord cannot request the tenant to vacate the property or increase the rent except under the provisions of this law and its executive regulations. The new lessor replaces the previous lessor in all rights and obligations of the lease contract.
2. Death of a Party: The rental agreement does not automatically end if one of the parties dies, except when the tenant dies and their heirs request to terminate the contract. In such cases, the contract can only be terminated 30 days after the landlord is notified or when the contract naturally expires, whichever comes first.
3. Early Termination by Tenant: For fixed-term rental contracts, a tenant may request early termination if they can prove that unexpected or exceptional circumstances have made it difficult to fulfil their obligations. If the landlord refuses this request, the tenant can take the matter to the relevant authority, which will then evaluate the situation. If the contract is terminated early, the tenant must pay the landlord at least 30% of the rent for the remaining contract term, unless both parties agree to a different arrangement.

Rent Increase

1. Initial Period: Landlords cannot increase the rent until three years have passed from the start of the rental agreement unless both parties mutually agree to a change. If a tenant accepts a rent increase within those three years, the landlord cannot raise the rent again for another two years.
2. Fair Rent Value: After the initial period, any rent increase must reflect the fair rent value, as determined by the law’s executive regulations, outlining how to calculate this fair rent. The governing council may also amend these time frames through a formal decision.

I hope this helps! Let me know if you need any further details