The judicial system of the United Arab Emirates is divided into federal courts and local courts. The federal justice system is defined in the Constitution of the United Arab Emirates, with the Federal Supreme Court based at Abu Dhabi. As of 2023, only the emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while all other emirates use the federal court system for all legal proceedings.
The UAE is a civil law jurisdiction, hence unlike common law jurisdictions, legal proceedings in the UAE do not rely on precedents, although sometimes the judgments of higher courts can be applied by lower courts in similar cases. The emirates of Abu Dhabi and Dubai also have common law courts that adjudicate commercial cases in financial free zones, with both emirates allowing local businesses to opt-in to the jurisdiction of the common law courts for business contracts.
Both local and federal courts have Sharia courts, which have exclusive jurisdiction in matters of Muslim marriage, family law and inheritance matters. Non-Muslims family law, marriage and inheritance are governed by civil law. Since 2020, Article 1 of the Federal Penal Code was amended to state that Islamic Law applies only to retribution and blood money punishments; previously the article stated that "provisions of the Islamic Law shall apply to the crimes of doctrinal punishment, punitive punishment and blood money."
History
Prior to the founding of the UAE in 1971, the Trucial States were known as a protectorate of the British Empire established through a number of treaties. During that period, most disputes were handled by the rulers of the emirates, heads of local tribes, and unofficial judges following customary law. The primary source of law was Islam along with the unwritten social conventions or "urf". Sharia judges specialized in family disputes while customary law judges handled criminal assaults and personal disputes. In the inland Bedouin communities, disputes were usually over livestock and water resources. Disputes in coastal cities were normally related to trade and commercial relations, particularly the pearl trade. After the 1853 truce, disputes pertaining to pearl diving were handled directly by the British political resident in the Persian Gulf.
Legal system in the Constitution
The Constitution of the United Arab Emirates, which came into effect on 2 December 1971, dedicates all its fifth section for the federal legal system. Article 94 of the Constitution stipulates that "justice is the basis of authority."
Federal judiciary
Federal Supreme Court
Despite being the highest judicial authority in the UAE, the Federal Supreme Court does not have jurisdiction on local matters in emirates with independent judiciaries. The Federal Judiciary falls under the authority of the Ministry of Justice.
Article 96 of the UAE Constitution reads as follows "The Supreme Court of the Union shall consist of a president and a number of judges, not exceeding five in all, who shall be appointed by decree, issued by the President of the Union after approval by the Supreme Council." The Constitution also divides courts in the country into two types, federal courts and local courts. The president and the members of the Supreme Court can by no means be removed from their offices, except in the following cases: Death, resignation, completion of term or secondment, retirement, permanent disability that prevent a judge from undertaking their duties, disciplinary discharge and finally "appointment to other offices, with their agreement." The judgments of the Emirati Supreme Court cover matters like disputes raising between the emirates, law constitutionality, constitutional interpretation, interrogation of senior federal officials and crimes threatening national interests. Article 101 of the Constitution stipulates that "The judgements of the Supreme Court of the Union shall be final and binding upon all." The first president of the Federal Supreme Court is Judge Abdul Wahab Abdul (incumbent).
Federal Courts of Appeal
Federal Courts of Appeal are the second tier of the federal judiciary of the United Arab Emirates, and hear appeals from Federal Courts of First Instance. Judgments by federal courts of appeal can only be appealed to the Federal Supreme Court.