UAE Liberalizes Abortion Laws: Key Changes and New Permissible Cases

Major Legal Shift: Cabinet Resolution No. 44 of 2024

The UAE has liberalized its stance on abortion with the issuance of Cabinet Resolution No. 44 of 2024 regarding determining the cases of permissibility of abortion. Effective June 21, 2024, this resolution represents a major shift from the previously strict laws in the expansion of the circumstances that are now permissible regarding abortion.

Key Changes Under the New Resolution
Expanded Permissible Cases

The new resolution adds three new cases where abortion is permissible:

  • Non-consensual Pregnancy: The pregnancy is as a result of an act committed without her will, with forced or unreliable consent—more specifically, as a result of rape.
  • Incestuous Pregnancy: The person who impregnated the woman is a family member or a mahram—a father, brother, uncle, or grandfather.
  • Spousal Request: Abortion can also be performed at the request of both spouses, with the approval of a specialized medical committee.

Comparative Analysis: Previous vs. Current Legal Framework
Previous Legal Restrictions

Prior to this resolution, the UAE laws on abortion, under the Medical Liability Law governed by Federal Decree-Law No. 4 of 2016, were very restrictive. Abortion was permissible only under two conditions:

  • Threat to the Mother’s Life: If the pregnancy posed a serious threat to the life of the mother.
  • Fetal Abnormalities: If severe fetal abnormalities were confirmed by medical reports and the pregnancy had not exceeded 120 days.

Liberalized Approach
In the new resolution, the UAE expands those cases to show its progressive attitude. This alteration secures, or should so do, women’s health, safety, and stability with clear guidelines on expanding the conditions that would allow abortion.

Medical Committees
The Resolution requires that a medical committee (“Committee”) be established under each health authority to sanction abortions. The committees shall be composed of three doctors, one of whom shall be a specialist in the field of obstetrics and gynecology. These committees are to sanction or refuse abortion requests on the basis of valid medical reasons.

Detailed Conditions for Abortion
Under the resolution, nine detailed conditions have been laid down that must be fulfilled before an abortion is performed:

  • The medical institution has to be licensed to perform abortions.
  • The abortion must be performed by a specialist in obstetrics and gynecology
  • The abortion must be performed without placing the pregnant woman’s life in danger
  • The abortion must be performed within 120 days of pregnancy.
  • The pregnant woman’s written consent will be necessary before the procedure is done. In case her consent cannot be obtained, this can be given from the husband or the woman’s guardian. No written consent is needed for emergencies.
  • A non-Emirati pregnant woman has to have valid residency for at least a period of one year from the date of application for an abortion.
  • The medical institution’s in-charge doctors must submit a detailed report regarding the pregnancy and abortion in question.
  • The Committee must sanction the abortion in question.
  • The pregnant woman must be given medical and social consultations before and after the abortion.

Objective of the Resolution
The resolution ostensibly has a twofold objective:

  • Protect Women’s Health and Safety: Through specification and demarcation of conditions, restrictions, and procedures for permissible abortion cases.
  • Curbing Illegal Practices: The intent is to restrict hazardous illegal abortions.

Conclusion
Where Cabinet Resolution No. 44 of 2024 has enlarged the scope of permitted cases of abortions and laid down a comprehensive system for women’s health and safety, it has been considered a significant liberalization of the UAE’s abortion laws. This progressive change is representative of the UAE’s commitment to handling sensitive health issues within a regulated and protective legal structure.

Understanding Alimony Calculation For Non-Muslim Divorcees In The UAE

INTRODUCTION
This post explains how alimony is calculated for non-Muslim divorcees in the United Arab Emirates, using Federal Decree-Law No. (41) of 2022 on Civil Personal Status. That provided the applicable legislation with regard to family matters in the UAE, regarding civil marriage, divorce, custody, inheritance, and proof of parentage in respect of the determination for non-Muslim residents.

OVERVIEW OF RELEVANT U.A.E. LAWS AND REGULATIONS
U.A.E. Federal Law
In the UAE, personal status issues in respect of non-Muslims are provided for by Federal Decree-Law No. (41) of 2022 on Civil Personal Status (“Civil Personal Status Law”). Article 9 (Divorcee Alimony) provides the various elements that the relevant court considers in determining the divorcee’s alimony.

Cabinet Decision
The judge may consider more information regarding the alimony of a divorcee under Cabinet Decision No. 122/2023 on the Implementing Regulation of Federal Decree-Law No. 41/2022, specifically Article 10: Alimony.

Abu Dhabi Law & ADJD Resolution
Under Abu Dhabi’s Law No. 14/2021 on the Personal Status of Non-Muslim Foreigners, Article 8 prescribes the factors to determine alimony upon divorce, just like Article 9, Divorcee Alimony of the Civil Personal Status Law. In addition, Resolution No. (8) of 2022 regarding Marriage and Civil Divorce Procedures addresses a wide scope of alimony, including the determining factors and the finality of the same.

APPLICATION OF LAWS
This set of laws and regulations applies to all non-Muslim citizens of the United Arab Emirates as well as non-Muslim residents in the United Arab Emirates, unless the latter request the application of the laws of their respective home countries, provided these do not conflict with United Arab Emirate’s laws and regulations.

UNDERSTANDING ALIMONY
What is Alimony?
The alimony itself pertains to the financial claim put forward by the ex-wife at the time of divorce. In cases involving children, it also includes assistance with housing, health insurance, and many other things she might require that the ex-husband had provided during the marriage (Article 11 of the Cabinet Decision).

Housing During Joint Custody
Article 8 of the Cabinet Decision states the judge may request that the ex-husband pay an allowance to cover housing required for the living standard of the children pre-divorce.

Types of Alimony
Under Article 9 of the Civil Personal Status Law, the ex-wife can, independently of securing a divorce sentence, also file a case for alimony. She can also apply for the temporary alimony until she gets her final financial allowance (Article 10 of the Cabinet Decision).

CALCULATION OF ALIMONY
Bases of Calculation
Article 9 of the Civil Personal Status Law provides for the following criteria, which a judge shall base his calculations on:

Criteria
Length of the marriage. Alimony goes hand in hand with the length of the marriage; the longer the marriage, the heavier one partner may become dependent on the other financially.
Age of ex-wife. As the ex-wife gets older, her chances of getting a job might lower; hence, her alimony could be higher.
Financial condition. An accounting expert assesses the present financial situation of each party, which has to do with income, assets, debts, and liabilities.
Ex-husband’s contribution to divorce. As the contribution of an ex-husband to divorce becomes apparent, say through errors or neglect, the amount of alimony increases.
Material and moral harm. The judge takes into account any harm that a divorce may cause, such as reputational harm or physical harm.
Financial damages. This would include loss of job opportunities or income due to divorce.
Children’s custody. The judge may demand that an ex-husband cover costs associated with the mother’s custody of the children for up to two years.
Ex-wife’s childcare contribution. Alimony increases according to how much the ex-wife is committed to child care.

Required Documents
The court examines the documents presented by the ex-wife in the course of proving the financial positions of the parties.

Finality of Alimony
Under Article 49 of the ADJD judgment, an alimony decision is considered final and executable, provided the amount does not exceed AED 500,000.

Modification of Alimony
Alimony can be modified yearly based on the variation of circumstances arising due to changes in financial or personal positions. Under Article 9 of the Civil Personal Status Law
It is removed upon remarriage of the ex-wife or in case of loss of custody of the children.

JURISPRUDENCE: CASE NO. 301/2023
In 2023, the court of Dubai Personal Status, while awarding alimony, relied upon factors enshrined under Article 9. The compensation covered her expenses in Ethiopia. The court stated the following :

Category
Children: AED 4,000 per month, excluding education, residence, and domestic help.
Utilities and Bills: AED 700 per month for utilities, internet, and phone bills.
Domestic Help: AED 2,000 for hiring domestic help and AED 500 for their salaries.
Total Alimony: AED 7,200

CONCLUSION
The Civil Personal Status Law, along with relevant Cabinet Decisions and Abu Dhabi laws, provides a comprehensive framework for calculating alimony for non-Muslim divorcees in the UAE.  By considering various factors, the law ensures that financial support is fair and reflective of each individual’s circumstances.

Extradition in the UAE : Legal Framework

Extradition has been making headlines for the past couple of years or so, and more often than not, the UAE is also a party to that headline. But what is extradition, really?

On the bright side, extradition is an act of cooperation between nations concerning criminal-related issues. It consists of the delivery of a person by one state to another state wherein that person is accused or convicted under the laws of the requesting country. It is to be surrendered for the said reason of attending trial or serving a sentence. In other words, extradition is an agreement wherein two or more countries agree on mutual collaboration to either return or transfer accused individuals back to the requesting country.

1. THE UAE ATTITUDE AND LEGISLATION ON EXTRADITION

Extradition in the UAE is a well-established concept and has a robust legal framework to support it. It is governed by a series of laws:

  1. Bilateral Extradition Agreements: Agreements between two countries.
  2. Multilateral Agreements: Agreements between multiple countries.
  3. Federal Law No. 39 of 2006: The Extradition Law, on international judicial cooperation regarding criminal matters.

2. COUNTRIES WHICH HAVE BILATERAL EXTRADITION AGREEMENTS WITH THE UAE

The UAE has concluded bilateral extradition conventions with the following states:

  • Italy
  • France
  • The UK
  • Denmark
  • The Netherlands
  • Ukraine
  • Australia
  • Algeria
  • Bahrain
  • China
  • Egypt
  • India
  • Iran
  • Iraq
  • Jordan
  • Kuwait
  • Lebanon
  • Libya
  • Morocco
  • Oman
  • Pakistan
  • Republic of Korea
  • Republic of Kazakhstan
  • Russia
  • Saudi Arabia
  • Spain
  • Tunisia

3. SAMPLES OF MULTILATERAL TREATIES

One such multilateral agreement would be the Riyadh Arab Convention on Judicial Cooperation of 1983, between the various GCC and Middle Eastern states like Saudi Arabia, Qatar, and Egypt. Most the Arab countries have signed it, including Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Algeria, Bahrain, Iraq, Saudi Arabia, and Tunisia.

4. EXTRADITION IN THE ABSENCE OF AGREEMENTS

In the absence of an extradition agreement between the UAE and a foreign country, UAE Extradition Law can be applied.

5. GENERAL EXTRADITION REQUIREMENTS

Extradition requests are subject to certain requirements both in terms of documentation as well as the underlying offence. On the matter of extradition, UAE Extradition Law, under Federal Law No. 39 of 2006, states that the UAE can approve an extradition request if:

  1. The offense is punishable with imprisonment for a period of at least one year in the requesting party.
  2. The sentence, which the accused or convict has to undergo, should be at least six months.
  3. There is no requirement that the alleged offense shall also be treated as a crime in both the countries concerned.
  4. There is also no requirement that the elements constituting the crime need to be the same.
  5. The name of the offense need not be the same.

6. EXTRADITION REQUESTS – CHALLENGES

Extradition requests in the UAE can be challenged on the following basis:

  1. Procedural Issues. Lack of sufficient documentation or poorly translated.
  2. Lack of Jurisdiction. The requesting state does not have jurisdiction over the requested person.
  3. Expiry of Statute of Limitations.
  4. Prohibited Punishments. Punishment in the requesting state is prohibited by UAE laws.

7. EXTRADITION EXCEPTIONS

The following shall be excluded from extradition:

  1. If the requested person is of UAE nationality.
  2. If under the law of the UAE that is applicable to the case.
  3. The offense is political, excluding terrorist crimes, war crimes, genocides, and aggression crimes against the government.
  4. If the offense is in respect of military duties.
  5. If the offense is based on racial, religious, national, or political discrimination.
  6. If the person was investigated or tried in the UAE for the same offense.
  7. In cases where a person has already been tried and acquitted or convicted and the sentence has been completely executed.
  8. If the criminal case is discharged or if the sentence has become barred by time.
  9. If a person may be subjected to torture or inhuman treatment.

8. RECENT EXAMPLES OF EXTRADITION REQUESTS IN THE UAE

Within the last three years, the UAE has dealt with various extradition requests, including:

  • Denmark: A request to extradite one of its citizens due to tax fraud in 2022.
  • France: A request for extradition on drug-dealing and money-laundering charges in 2021.
  • Italy: A request for extradition on murder charges in 2022.
  • Albania: A request for extradition on murder and illegal firearm possession charges in 2022.
  • South Africa: A request for extradition for money laundering, fraud, and corruption in 2023.
  • In some cases, it was accepted, such as the request of Denmark, while in others, like South Africa, it was refused because of incomplete documentation.

9. CONCLUSION

The UAE is getting increasingly engaged in foreign extradition cases. These are increasingly expected given that a representative of the UAE chairs Interpol and allows red notices based on requests for extradition.

Hear more on our firm’s extradition podcast: https://lylawyers.com/podcast/extradition-laws-in-the-uae/

Enforcing Foreign Judgements in U.A.E.: A Successful Case Study

Today, in a world that has gotten so small due to global connectivity, the legality of one’s obligations knows no borders. One recent case that will be discussed in this article will truly exemplify how an American judgment was successfully enforced in the United Arab Emirates and will serve as a perfect case study to show how flexible the UAE’s legal system has been and how much it has abided by international legal norms.

Case Background

The case was instituted by an American state court judgment passed against a defendant, who thereafter shifted his abode to Dubai. The claimant harbored a feeling of grievance with the judgment as well as its payout and, therefore, approached the courts in Dubai for the enforcement of the said American judgment.

Early Obstacles

He took this matter before the Court of First Instance in Dubai, which dismissed the application for enforcement on the grounds that there was no treaty between the United States and the UAE on the recognition and enforcement of judgments. The ruling is evidence of the common problem at international law, that is, the enforcement of a foreign judgment without an actually applicable treaty.

Legal Framework: Article 222 of the UAE Civil Procedures Law

Undeterred by the setback, the client appealed the decision by invoking Article 222 of the UAE Civil Procedures Law. The said article provides an avenue towards recognition and enforcement of foreign judgment even in the absence of a bilateral treaty. Along this line, Article 222 provides that the UAE shall enforce the foreign judgment on the condition that:

  1. The foreign judgment must be absolute and final.
  2. The judgment is not in conflict with the UAE Public Policy or the principles of Islamic Sharia.
  3. The foreign court had competent jurisdiction.

The Appeal

Appellant-client had appealed on the grounds that his judgment fulfilled all conditions as outlined under Article 222. The appeals court cut into the matter and focused on:

  1. Finality and Binding Effect. The American judgment was final, and there was no appeal pending in the matter.
  2. Public Policy. The judgment did not contravene any UAE public policy or one of the principles of Islamic Sharia.
  3. Jurisdiction. The original court in the United States had proper jurisdiction to adjudicate upon the matter.

The Court of Appeal, however, ruled in the client’s favor and overturned the earlier dismissal order. The appellate court took pains to elaborate that a bilateral treaty is not required for recognition and enforcement of foreign judgment in the UAE and that Article 222 of the UAE Civil Procedures Law applies in the absence of such a treaty.

The Ruling of Cassation Court

The case went as high as the Cassation Court, which is the highest level of judiciary in the UAE. The Cassation Court upheld the judgment of the appellate court that the absence of a treaty does not prevent foreign judgments from being enforced. In fact, the court mentioned that there is sufficient legality under the UAE Civil Procedures Law to enforce such judgments.

Successful Enforcement

By order of the Cassation Court, the client had finally enforced and collected the American judgment in Dubai. The ruling, although a delivery of justice to the claimant, substantively acted to create a landmark legal path subsequent for the cases related to the enforcement of foreign judgment in the UAE.

Key Takeaways

  1. Persistence Pays Off. Even when things were initially going against them, persistence and proper knowledge of local laws can indeed prevail and help enforce foreign judgments.
  2. Article 222. This provision is crucial for enforcing foreign judgments in the UAE, providing a legal framework even in the absence of bilateral treaties.
  3. Judicial Adaptability. The UAE judiciary itself is capable of applying international legal principles serving the best interest of justice even across borders.

Conclusion

The successful enforcement of an American judgment in the UAE demonstrates how the country enforces the highest international legal standards. It serves as a guiding light to any individual and entity looking forward to enforcing foreign judgment in the UAE, showing a way that with the right legal strategy and proper understanding of the local laws, justice can indeed be served beyond borders.