Understanding Custody Loss for Mothers of Different Religions in the U.A.E.

The United Arab Emirates has certain custody laws, which are highly based on Islamic law, especially regarding the religious orientation of the children.

The article below discusses the conditions in which a mother may be deprived of custody of her children due to her religion being different from that of the children under the U.A.E. Personal Status Law, Federal Law No. 28 of 2005.

KEY PROVISIONS OF THE U.A.E. PERSONAL STATUS LAW

Article 144 and 145: Religion and Custody

  • Article 144. The custodian, whether female or male, must be of the same religion as the child.
  • Article 145. This article also reaffirms that a mother of a different religion will forfeit custody; the normal exception being up until the age of five, which is left to the discretion of the judge.

Practical Consequences

This law predominantly affects Muslim children. According to U.A.E. law, a child is considered Muslim if the father is Muslim, irrespective of the mother’s religion. Thus, a non-Muslim mother (e.g., Christian or Jewish) married to a Muslim man may face custody challenges if they divorce.

Detailed Breakdown of the Law

Article 142. Fostering is defined here as the safekeeping, education, and care of the child, provided such services do not clash with the tutor’s right of tutelage.

Article 143. In addition, the characteristics to be fulfilled by a fosterer include sound judgment, maturity, fidelity, capacity to care for the child, absence of contagious diseases, and a clean record without previous or current penal charges.

Article 144. These conditions are then elaborated upon:

  • For women: Not being married to a man unrelated to the fostered child unless the court decides otherwise and being of the same religion as the child.
  • For men: Having a woman able to foster, being closely related to a fostered girl, and being of the same religion as the child.

Article 145. A mother loses custody if she is of a different religion than the child, unless a judge decides otherwise until the child is five years old.

Custody Scenarios

  • Marriage and Divorce: An interfaith marriage of a non-Muslim woman and a Muslim male is treated as a Muslim marriage. The children are construed as Muslims, and if the marriage breaks up, child custody is denied to the mother unless she embraces Islam or the court gives her interim custody until the child attains the age of five years.
  • Judicial Discretion: The law allows judges to use their discretion in the child’s best interest. This provision allows for some flexibility but is usually limited to the early years of the child’s life.

Conclusion

The Personal Status Law of the U.A.E. reflects the commitment of the country to Islamic principles, especially in the religious upbringing of children. Knowledge of these laws is important for parents in interfaith marriages, especially when divorce is involved.

For non-Muslim mothers, this knowledge of these legal provisions is important and, hopefully, will helpfully consider all custody issues and allow for the best possible result for their children.

For more specific legal counsel and advice, a legal professional should be consulted—one that has experience with U.A.E. family law—who can provide an idea regarding the specific circumstances and pursue any and all legal options available to one’s situation.

New Rules for Rental Valuation Certificates in Dubai

This information is important for a landlord and a tenant; let’s dive into the Q&A format.

Q1: What’s new in the rule about the Rental Valuation Certificates in Dubai?
Rental valuation certificates can only be issued from April 1st, 2024, in case there is a legal order or judgment that calls for such valuation of the property.

Q2: How was it previously?
The process was earlier administrative and easy, requiring very few documents like photos of the property and its details to issue a rental valuation certificate.

Q3: Why was this change necessary?
Ease in the availability of rent valuation certificates gave a discrepancy between the latter and the RERA index. Being critical for the determination of average rent and rental per cent increases, discrepancies do cause confusion and inconsistency.

Q4: Of course, can you give an example of such discrepancies?
The examples include a rental valuation certificate that lists the rent for a property way higher or lower than what the RERA index stipulates. It would imply unfair increases or decreases in rent and hence disputes between landlords and tenants.

Q5: What is the new requirement for issuing a rental valuation certificate?
This means you will have to apply for a judgment copy or an order regarding the assessment of rent for the property to issue a Rental Valuation Certificate, effective from today’s date, and this has been confirmed from the official website of Dubai Land Department.

Q6: Why is it so?
It coincides with the very recent update, which happened in March 2024, regarding the RERA index. The objective here is to have valuations that are consistent and credible.

Q7: How does this affect the average rent calculation?
The only tool to determine the average rent before any court proceedings is the RERA index. This is in line with Decree 43 of 2013, particularly Article 3, which states: “With regards to the percentage increase, the average similar rent shall be determined in accordance with the ‘Rental Index in the Emirate of Dubai’ approved by the Real Estate Regulatory Agency.”

Q8: When can one get a rental valuation certificate now?
You can get a rental valuation certificate only after a court dispute on the valuation given by the RERA index and its subsequent increase.

Q9: What is the procedure to get a rental valuation certificate now?

  • You have to file a substantive court case objecting to the valuation given by the RERA index.
  • An expert is assigned who will inspect the property and determine the average similar rent.
  • You can then get a rental valuation certificate based on such judgment in case the court gives judgment in favor of property re-evaluation.

Conclusion

This update is meant to bring uniformity and reliability to Dubai’s rental market. Both landlords and tenants should be informed of these new requirements as a way of ensuring that fair rental valuations are performed in observance of the rule of law.

Understanding the New Age Requirements for Business Ownership in the UAE

In one of the widest decisions to empower young entrepreneurs, the UAE has just promulgated reducing the age limit required to engage in trading or owning a business. In particular, the minimum age limit was reduced from 21 to 18 years. To that effect, persons aged 18 years and above may establish, own, operate, and manage businesses within the UAE.

Key Changes and Their Implications
While the reduction of the minimum age requirement provides new opportunities to younger people, there are some significant nuances associated with this change.

Legal Capabilities at Age 18
Even with the new age of majority, there are still several legal disabilities for an 18-year-old in the UAE. For instance, they are not considered to have full legal capacity to sign a Power of Attorney or certain types of documents on their own. In this regard, a minor’s guardian may be required to execute contracts or POAs on their behalf. However, there are still several business activities that 18-year-olds can conduct independently without requiring their guardian’s approval.

Independence for Minors Aged 18 to 21
Minors who are at least 18 years old but below the UAE’s official age of majority, which is 21, have more autonomy in certain areas.

  • Opening Bank Accounts: 18-year-olds can open their own bank accounts without needing approval from their guardians.
  • Incorporation of Companies: They may incorporate a company in their name without the approval of the guardian.

Business Activities for Minors Aged 15 to 18
For minors below 18 years but above 15 years, trade can be conducted though subject to certain approvals. The type of these approvals is determined by the nature of the transaction. For instance:

  • Bank Accounts: They have to obtain the consent and signature of the guardian to operate a bank account.
  • Employment: If the child is to be employed, then again, that is only permitted with the consent of the guardian.
  • Disposing Real Property: Where real property is held in the name of a minor, then its disposition would again typically need to be sanctioned by the court as well.
  • Legal Framework: Article 18 of the Commercial Transactions Law states that a minor can practice trade upon completion of 15 years of age but should be subject to controls and conditions issued by a Cabinet resolution at the proposal of the Minister of Economy.

Conclusion
The recent amendments in the UAE with regards to the age requirements to own a business have really paved new avenues for budding young entrepreneurs. While persons of 18 years and above can now legally own and manage businesses, there are certain legal constraints that the said age group needs to go through, especially when it comes to signing contracts or other legal documents. Understanding such nuances and the approvals required is key to young business owners conducting their operations successfully within the UAE’s legal framework.

Streamlined Process for Lifting Travel Bans on Children in Divorce Cases: A New Era in Dubai Courts

Introduction

In a major development, Dubai Courts have come up with a streamlined process for lifting travel bans on children in cases of divorcing parents. This update, as part of the Dubai Social Agenda 33 initiative, will make the process much quicker and more efficient for families across the UAE. Here’s a comprehensive look at what has changed and how it impacts divorced or divorcing parents.

Automated System for Lifting Travel Bans

The new system is based on an integrated platform between Dubai Courts, the CID, and Immigration. Previously, the process was manually done and involved many tedious steps that caused delays, adding to the stress level of parents. Now, once a judge has given his approval for the lifting of the travel ban, the decision is automatically and directly communicated to the system at the CID and immigration.

How the Process Worked Before

Under the old system, parents needed to:

  1. Request the Court: Apply to the Court for lifting the travel ban.
  2. Court Approval: Approval from the Court for lifting the travel ban.
  3. Issue Manual Letter: The Court would issue a physical letter to the CID.
  4. Present Letter to CID: This letter had to be presented to the CID, who then would change it manually in their systems.

This process took several days, as communications had to be done between the Courts, the CID, and the parties concerned.

Efficiency and Speed with the New System

With the new system, these steps are no longer needed. Once the judge has approved the travel request, the CID system will be automatically updated. That means there will be no more delays in lifting the travel ban, hence smoothing and quickening the process for parents.

Automatic Reinstatement of Travel Bans

Another significant enhancement is the automatic re-imposition of the travel ban once the children have returned to the country. This gives further comfort to the other parent that the ban will be in place and obviates the need for further action.

Dubai Social Agenda 33 Initiative

These changes form part of the Dubai Social Agenda 33 initiative, which comes into effect in January 2024. The Agenda defines targets to be reached by 2033. The major goals include:

  1. Top 3 Cities for Standard of Living: Positioning Dubai among the world’s top three cities for the standard of living.
  2. Healthy Life Expectancy: To have a healthy life expectancy ranking among the world’s top ten.
  3. The Quality of Education: Establishing the quality of education in Dubai as among the top ten cities in the world within the next five years.
  4. Emirati Workforce: Tripling the number of Emiratis working in the private sector.
  5. Housing for New Families: Providing a land plot and a loan for every new Emirati family in Dubai within a year of their application.
  6. Supporting New Emirati Families: Double the number of new Emirati families in Dubai.

Conclusion

This streamlined process for travel bans on children in divorce cases represents a leap forward in family support during such difficult times. The Dubai Courts are relieving parents of much of the stress and time that has been consumed by red tape, enabling them to spend more time with their families and less time fighting the system. The change not only benefits the parents but also aligns with the broader goals of the Dubai Social Agenda 33.

How to Obtain an Investor Visa in the UAE: Q&A on Minimum Share Capital Requirement

Q: What is the minimum share capital requirement for an Investor Visa in the UAE?

A: Business investors are obliged to have share capital in their company, valued at a minimum of AED 50,000, to be qualified for an Investor Visa in the UAE.

Q: Does the percentage of shares held by the investor matter in getting an Investor Visa?

A: No, the value of the share capital is more important than the percentage of shares held. In any case, the share capital must be at least AED 50,000, whatever the percentage of ownership.

Q: Can an investor apply for an Investor Visa with a small percentage of ownership in the company?

A: An investor can be qualified for the Investor Visa, even on a small percentage of ownership, like 5%, provided that represents a minimum share capital of AED 50,000.

Q: Does this requirement of share capital apply to all economic zones of the UAE?

A: Yes, this rule applies uniformly across the UAE, including all economic zones such as the Department of Economic Development (DED) and various free zones.

Q: Why is this share capital requirement standardized across different zones?

A: This is uniform because the UAE immigration law and federal authorities regulate it so that its application should always be the same throughout the federation.

Q: How does the concept of UAE Investor Visa work?

A: In general, an Investor Visa to the UAE is a regular residence visa in the United Arab Emirates, valid for two years. With such a visa, you enjoy easy travel, family sponsoring, and other opportunities available in the state, respectively.

Q: What to do to get an Investor Visa?

A:

  1. Check Your Share Capital. Your share capital of the company should not be less than the minimum requirement of 50,000 AED.
  2. Prepare Documentation. Gather all those documents that prove your share capital and ownership percentage of the share capital.
  3. Apply Through Relevant Channels. The application should be made through the concerned economic zone authority, such as DED or the concerned free zone authority.
  4. Be Well-informed. Emphasize being updated on changes in immigration laws and rules to ensure full compliance.

Q: What do I need to do to get any clarification on my Investor Visa application?

A: One should seek further advice and support from legal experts or immigration consultants who have specialized knowledge in UAE visa regulations. They will provide specific advice and support you through the application process.

Understanding the Role and Responsibilities of the GCGRA in the UAE Gaming Industry

Introduction
The GCGRA is at the heart of a transformation that is taking place in the United Arab Emirates regarding the industry of commercial gaming. The authority was created to make sure gaming activities are conducted with integrity and managed responsibly, and it’s one of the cornerstones composing the UAE regulatory framework. This blog will outline what GCGRA is, its roles, and responsibilities, thus providing insight into how it impacts the industry.

What is the GCGRA?
The General Commercial Gaming Regulatory Authority is the federal authority to regulate lotteries and commercial gaming activities within the UAE. Its mission is to build and maintain a world-leading regulatory framework that upholds the highest standards of integrity, transparency, and responsibility.

Core Responsibilities and Roles of the GCGRA

1. Licensing
GCGRA is in charge of issuing, maintaining, and renewing commercial gaming licenses. Any entity that intends to conduct activities within the gaming industry of the UAE must apply for a relevant license with the GCGRA. This process ensures that gaming activities are conducted in a manner that does not violate any legal or ethical premises.

2. Maintenance of Standards
Included among the major responsibilities of the GCGRA are developing and maintaining clear-cut rules, standards, and directives with regard to gaming operations. While doing so, GCGRA has made operators adhere to the best practices that are supposed to guarantee fair play and protect consumers against likely malpractices.

3. Promoting Responsible Gaming
It institutes several responsible gaming measures that minimize harmful results game activities have on the players themselves, families, and at the social levels of organizations. The GCGRA can equally work in cooperation with licensed operators so they may create a culture and attitude for responsible behavior aimed towards ethical gaming.

4. Financial Crimes Prevention
One of the essential elements of the mandate of GCGRA is to prevent financial crime. It strongly enforces compliance with the UAE’s laws on the prevention of money laundering, terrorism financing, and other financial crimes. In this process, the GCGRA safeguards the integrity of the gaming industry to keep it free from all illegal activities.

Licensing Process
The GCGRA has, therefore, made it easier to license new operators into the gaming market of the UAE through an efficient pathway, which includes:

  • Initial Notification: The applicant is supposed to notify the GCGRA of its intention to apply for a license.
  • Intake Form Submission: The applicant fills in basic information about the business and the type of license it is applying for.
  • Screening and Portal Access: After screening the applicant, the applicant is given access to the GCGRA licensing portal.
  • Detailed Application Process: The applicants give detailed information on business, financial, and corporate.
  • Evaluation and Approval: GCGRA goes deep into the application to ensure the suitability of the applicant.
  • Licensing: After successful evaluation, the applicant pays the due fees, and the license is issued.


Ongoing Licensee Obligations
Licensees are expected to adhere to high standards and requirements of the GCGRA even in possession of a license. Some of these include:

  • Professional Conduct: To always carry oneself with integrity and professionalism.
  • Regulatory Compliance: Understand and apply all appropriate rules and regulations.
  • Information Maintenance: Keep the GCGRA updated on any important business or personal changes in status.
  • Cooperation and Transparency: To cooperate fully with the GCGRA in providing all information that might be requested from them with timely attention.


Conclusion
The GCGRA shapes the gaming industry responsibly and with a tremendous deal of transparency in the UAE. By way of high standards, promotion of ethical practices also protects operators and consumers. To do business in the UAE games market, understanding and adherence to GCGRA guidelines are tantamount to success.

For more details on how to overcome the complexities of UAE gaming regulations, please contact our law firm at www.lylawyers.com.

New Influencer Licensing Regulations in Abu Dhabi: What You Need to Know

In a far-reaching decision, the Abu Dhabi government has brought new licensing regulations into law to regulate the operation of social media influencers. Being a law firm specializing in media and technology law, we take this opportunity to walk our audience through these changes and what this will mean for the influencer community, along with businesses operating in this emirate.

What are the New Regulations?
Starting from July 1, 2024, the Abu Dhabi Department of Economic Development will require all social media influencers and businesses that use digital platform advertising to obtain applicable licenses. This shall be necessary for any person who may use social media for promotional activities in Abu Dhabi.

License Types and Fees
There are two major kinds of licenses:

  • Individual Influencer: AED 1,250 – about $340
  • Companies or Groups of Influencers: AED 5,000 – about $1,360

Besides the ADDED license, an influencer will also have to get a permit from the UAE Media Council.

Penalties for Non-Compliance
The penalties are not light:

  • Fines ranging from AED 3,000 to AED 10,000 ($817 to $2,720)
  • Possible closure of business in case of repeated violation

Who Qualifies for an Influencer License?
While the regulations are all-inclusive, there are basic qualifications:

  • Minimum age: 18 years
  • A valid UAE residency visa, or in the case of non-residents, an Emirates ID card/unified number
  • Substantial and active followership: no official minimum count of followers
  • Content permissible under UAE laws and within the bounds of cultural decency
  • Valid trade license or freelancer registration in Abu Dhabi

Please note that qualifications do not imply approval. Applications will be considered based on various merits, including the quality of content, the level of audience engagement, history of compliance, and respect for cultural sensitivity.

Content Restrictions
Influencers will be required to comply with UAE advertising laws that restrict advertisement of the following:

  • Tobacco
  • Alcohol
  • Gaming
  • Some medical products, except with proper authorization

All content must respect local cultural and religious sensitivities.

Impact on the UAE’s Digital Space
These regulations put into light how serious the UAE is about creating a formal and professional setting when it comes to digital marketing. They might be a headache in the beginning, but ultimately they will be a boost for credibility in influencer marketing and far more protection for consumers.

Influencer Tips
If you are an influencer operating in several Emirates:

  • Do your homework on the particular requirements of each emirate in which you work
  • Ensure compliance with both local and national regulations
  • Consider consulting a lawyer to understand these complexities better

As the online world further develops, knowing these rules will be important for all influencer marketers in Abu Dhabi and the wider UAE. For further guidance or assistance with applications for licenses, please do not hesitate to contact our team.