The United Arab Emirates on Saturday said a new criminal code would come into force in January as part of what it called the most sweeping legal reform in the Gulf state's history.
Major changes so far included decriminalising premarital sexual relations and alcohol consumption, and cancelling provisions for leniency when dealing with so-called “honour killings” in November 2020.
State news agency WAM reported the government is changing 40 laws this year. It did not make clear, however, which of the changes — which concern commercial companies, online security, trade, copyright, residency, narcotics and social issues — were new and which had been previously reported.
One change that appears new is the ratification of a Federal Crime and Punishment Law, effective from Jan 2, 2022, designed to better protect women, domestic staff and public safety.
The UAE wants to reform its legal system to keep a competitive edge as conservative Gulf neighbour Saudi Arabia opens itself up to foreign investment and talent.
Saturday's statement adds clarity that had been previously lacking to the status of pre-marital sexual relations and children born from them — stating that parents need not be married.
“Any couple conceiving a child out of wedlock will be required to marry or singly or jointly acknowledge the child and provide identification papers and travel documents in accordance with the laws of the country of which either is a national,” the statement said.
A criminal case with two years imprisonment would be brought should parents not acknowledge and care for the child.
Other recent changes by the UAE include introducing longer-term visas as a way to attract and retain talent and encourage more businesses to set up shop.
The emirate of Abu Dhabi this month introduced its own reform — a novel secular family law aimed at making itself more attractive to expatriates.
The United Arab Emirates announced a major overhaul of the country’s Islamic personal laws, allowing unmarried couples to cohabitate, loosening alcohol restrictions and criminalising honour killings.
The broadening of personal freedoms reflects the changing profile of a country that has sought to bill itself as a westernised destination for tourists, fortune-seekers and businesses despite its Islamic legal code that has previously triggered court cases against foreigners and outrage in their home countries.
“The reforms aim to boost the country’s economic and social standing and consolidate the UAE’s principles of tolerance,” state-run WAM news agency reported, which offered only minimal details in the surprise weekend announcement.
The government decrees behind the changes were outlined extensively in state-linked newspaper The National, which did not cite its source.
The move follows a historic US-brokered deal to normalise relations between the UAE and Israel, which is expected to bring an influx of Israeli tourists and investment. It also comes as skyscraper-studded Dubai gets ready to host the World Expo. The high-stakes event, expected to bring a flurry of commercial activity and some 25 million visitors to the country, was initially scheduled for October, but was pushed back a year because of the coronavirus pandemic.
The changes, which The National said would take immediate effect, also reflect the efforts of the Emirates rulers to keep pace with a rapidly changing society at home.
“I could not be happier for these new laws that are progressive and proactive,” said Emirati filmmaker Abdallah Al Kaabi, whose art has tackled taboo topics like homosexual love and gender identity.
“The present year has been tough and transformative for the UAE,” he added.
Changes include scrapping penalties for alcohol consumption, sales and possession for those 21 and over. Although liquor and beer are widely available in bars and clubs in the UAE’s luxuriant coastal cities, individuals previously needed a government-issued licence to purchase, transport or have alcohol in their homes. The new rule would apparently allow Muslims who have been barred from obtaining licences to drink alcoholic beverages freely.
Another amendment allows for cohabitation of unmarried couples, which has long been a crime in the UAE. Authorities, especially in the more freewheeling financial hub of Dubai, often looked the other way when it came to foreigners, but the threat of punishment still lingered. Attempted suicide, forbidden in Islamic law, would also be decriminalised, The National reported.
In a move to better protect women’s rights, the government said it also decided to get rid of laws defending honour crimes, a widely criticised tribal custom in which a male relative may evade prosecution for assaulting a woman seen as dishonouring a family. The punishment for a crime committed to eradicate a woman’s shame,” for promiscuity or disobeying religious and cultural strictures, will now be the same for any other kind of assault.
Hay literary festival event will not return to Abu Dhabi after one of the festival’s curators alleged that she was sexually assaulted by the tolerance minister of the United Arab Emirates while working with him.
Caitlin McNamara alleged she was attacked in February .2020 by Sheikh Nahyan bin Mubarak Al Nahyan, a member of Abu Dhabi’s ruling family, the Sunday Times reported on October 19,2020.
The Times said McNamara, who had travelled to the UAE to work on the launch of the literary festival there, claimed she was assaulted by the sheikh when they met at a remote island villa.
The Foreign Ministry of the UAE, a federation of seven sheikhdoms on the Arabian Peninsula also home to Dubai, said it does not comment on personal matters. When asked about the case, Britain’s Metropolitan Police confirmed that a woman contacted the force on July 3 to report an allegation of rape, and said an initial statement has been taken from her.
The Associated Press does not usually name sexual assault victims, but McNamara agreed to be identified by the Sunday Times, which ran her picture on the front page.
Hay Festival chair Caroline Michel said her colleagues are committed to supporting McNamara in seeking legal action and said the festival will not return to Abu Dhabi while the sheikh remains in his post.
What happened to our friend and colleague Caitlin McNamara in Abu Dhabi last February was an appalling violation and a hideous abuse of trust and position,” Michel said in a statement.
Sheikh Nahyan bin Mubarak Al Nahyan made a mockery of his ministerial responsibilities and tragically undermined his government’s attempt to work with Hay Festival to promote free speech and female empowerment, she added.
The sheikh’s ministry paid for the four-day festival in Abu Dhabi, which took place in late February and featured several famous authors.
Sheikh Nahyan has received international attention as the Emirates hosted Pope Francis and moves towards normalising ties with Israel while welcoming Jews to this Muslim-ruled nation.