Awatif Mohammad Shoqi Advocates & Legal Consultancy

Introduction: Divorce is a significant aspect of family law in the UAE, governing both Muslims and non-Muslims.

Introduction: In the UAE, marriages are governed by distinct legal frameworks depending on whether the individuals are Muslims under Federal Law No. 28 of 2005 on Personal Status Law or non-Muslims under Federal Decree-Law No. 41/2022 on Civil Personal Status Law.

Introduction: Graduation marks an exciting milestone for students in the UAE, opening doors to numerous opportunities.

Introduction: In the UAE, employment relations are governed by Federal Decree-Law No. 33/2021 and its implementing regulations.

Introduction: In light of the recent heavy rainfall in the UAE, both insurers and businesses must understand the legal framework outlined in Federal Law No. 5/1985 on Civil Transactions Law or Civil Code.

Introduction: In the UAE, Federal Decree-Law No. 41/2022 on Civil Personal Status and Abu Dhabi Law No. 14/2021 on Civil Marriage have introduced significant reforms to ensure equality between men and women, particularly in matters of child custody.

Introduction: When investing in real estate, particularly in villa projects, purchasers often rely on developers and contractors to deliver homes free from defects.However, issues may arise where defects remain unresolved despite contractual obligations. In such cases, understanding the legal framework under Dubai Law No. 13/2008 on the Interim Real Estate Register in the Emirate of Dubai, and Federal Law No. 5/1985 on the Civil Transactions Law of the UAE, becomes crucial.

Introduction: Owning exotic animals can be tempting for some residents or citizens in the UAE, drawn by the fascination of unique and rare species.

Introduction: Investing in off-plan properties in Dubai presents an attractive opportunity for prospective homeowners and investors alike. However, navigating this market requires vigilance and awareness of potential risks to ensure a secure investment. Dubai Law No. 13/2008 on the Interim Real Estate Register establishes essential regulations to protect buyers and uphold standards in the off-plan property sector. Key Considerations for Investors: Under Article 3 of the Dubai Law No. 13/2008, all actions involving off-plan sold real estate units must be registered in the Interim Real Estate Register to validate any sale or property transfer. Non-registration can render any sale or property transfer actions void. Ensure that any off-plan property you consider is registered in the Interim Real Estate Register within the mandated 60-day period. Failure to register could risk the validity of the transaction. According to Article 4, the developers are prohibited from commencing project execution or off-plan sales without obtaining necessary land and approvals from competent authorities. The Department must note the project on the cadastre. Verify that developers have acquired the necessary land and approvals from Dubai's competent authorities before marketing or selling units off-plan. Further Article 5 outlines the application process for registering interim real estate units, requiring specific data and documents as per procedures set by the Dubai Land Department. Conduct thorough due diligence through government authorities like the Dubai Land Department or the Real Estate Regulatory Agency. Confirm the project's registration status, existence of an escrow account, and possession of all required permits. As per Article 7, the developers are restricted from charging fees for selling or reselling completed or off-plan units without approval, with approved administrative expenses exempt. Be careful of developers charging unauthorized fees for off-plan property transactions. Only approved administrative expenses should be levied, as regulated by the Land Department. According to Article 6, off-plan units registered in the Interim Real Estate Register can be legally sold, mortgaged, or subjected to other legal actions. Article 8 mandates that completed projects must be registered in the real estate register upon obtaining a completion certificate, with units registered in the purchaser's name upon fulfilment of contractual obligations. Article 12 stipulates that the area of a sold real estate unit is final upon delivery, with developers unable to demand additional payment for increases in area post-delivery but required to compensate purchasers if the area is smaller. Article 13 empowers the Director General of the Department to report and refer developers or brokers who violate the law to competent investigation authorities. Red Flags to Watch Out For: Unregistered Projects: Avoid investing in off-plan properties that have not been registered within the specified timeframe. Registration safeguards your ownership rights and ensures legal protection. Developer Defaults: Research the developer's reputation and track record. Instances of default on previous projects or financial instability could pose risks to your investment. Legal Non-Compliance: Any deviations from Dubai's regulatory framework, such as unauthorized fees or lack of proper approvals, should raise concerns about the project's legality. Incomplete Documentation: Inadequate or incomplete documentation from the developer regarding permits, approvals, or contractual terms should be thoroughly reviewed and clarified before proceeding. Size Inconsistencies: Be vigilant regarding the final area measurements of the property. Developers should adhere to agreed-upon sizes, with compensation required for any inconsistencies.  Conclusion: Investing in off-plan properties in Dubai offers promising returns, but it's essential to approach the process with caution and thorough research. By understanding and adhering to Dubai's legal framework outlined in Dubai Law No. 13/2008, investors can mitigate risks and secure their home or profitable investment property with confidence. Always seek professional advice and ensure all transactions comply with regulatory requirements to safeguard your interests in this dynamic real estate market.  

Introduction: The Federal Decree-Law No. 30/2021 on Combating Narcotics and Psychotropic Substances provides the legal framework for the control of narcotics and psychotropic substances in the UAE.

Introduction: In recent years, Dubai has established robust legal frameworks to accommodate the diverse population of non-Muslim residents in matters of inheritance and estate planning.

Introduction: In 2021, Abu Dhabi introduced a landmark legal reform with the issuance of Law No. 14 of 2021, which introduced the concept of civil marriage in the UAE.

Introduction: The UAE has taken a significant step forward in regulating space activities with Cabinet Decision No. 20/2023 on the Regulation for Ensuring Compensation of the Damage Caused to Third Parties While Practising Space Activities and Other Activities Related to the Space Sector.

Introduction: Data protection is paramount for preserving individual privacy and ensuring the responsible handling of personal information. In the UAE,

Introduction: The off-plan property market in Dubai has been a magnet for investors, promising profitable returns and a vibrant real estate landscape.

Introduction: In recent years, the UAE has continuously updated its legal framework to enhance regulatory oversight and adapt to global financial trends.

Introduction: The UAE has introduced a new maritime law, Federal Decree-Law No. 43 of 2023, which will take effect at the end of March 2024.

Introduction: Double taxation arises when the same income is taxed in two different jurisdictions, potentially leading to excessive tax burdens for individuals and businesses.

Introduction: The Ministry of Economy in the UAE has recently introduced a comprehensive list of violations under Cabinet Decision No. 66/2023 concerning the Executive Regulation of Federal Law No. 15/2020 on Consumer Protection.

Introduction: In the UAE, the protection of property and animals is enforced through Federal Decree-Law No. 31/2021 on the Issuance of the Crimes and Penalties Law.

Introduction: The UAE has established comprehensive regulations to determine tax residency for individuals and businesses operating within its borders.

Introduction: Investment is a cornerstone of corporate governance under Federal Decree-Law No. 32/2021 on Commercial Companies Law (Companies Law),

Introduction: The UAE has enacted Federal Decree-Law No. 38/2023, amending Federal Law No. 39/2006 on Mutual Judicial Cooperation in Criminal Matters.

Introduction: In a significant legislative move, the UAE has enacted Federal Decree-Law No. 34/2023 on Combating Discrimination, Hatred, and Extremism aimed at addressing discrimination, hatred, and extremism.

Introduction: The UAE is rapidly growing into a digital economy, making e-commerce an essential component of its economic framework.

Introduction: In recent years, the global economy has witnessed the popularity and adoption of cryptocurrencies, with Dubai emerging as a notable player in this digital financial landscape.

Introduction: In accordance with Federal Law No. 21/1995 concerning Traffic, specific procedures are outlined for drivers involved in traffic accidents within the UAE.

Introduction: The UAE's Federal Decree-Law No. 47/2022 introduces significant changes to corporate and business taxation, effective from June 1, 2023.

Introduction: In the UAE, adherence to traffic laws is essential to ensure road safety and orderly conduct.

Introduction: The UAE has been at the forefront of adopting technological advancements, especially in finance.

Introduction: Extradition, a fundamental aspect of international legal cooperation, plays an important role in bringing criminals to justice and maintaining the rule of law.

Introduction: In the realm of international commerce and dispute resolution, arbitration has become an increasingly preferred method for resolving disputes.

Introduction: Federal Decree-Law No. 47/2022 on the Taxation of Corporations and Businesses (Corporate Tax Law) was implemented on 3 October 2022.

Introduction: In Dubai's dynamic real estate market, tenants often contend with questions regarding regulations, contracts, and financial responsibilities.

In the UAE, the process for lawfully removing a manager from a company is governed by Federal Decree-Law No. 32/2021 on Commercial Companies.

Introduction: In the UAE, corporate taxation is governed by Federal Decree-Law No. 47/2022 on the Taxation of Corporations and Businesses,

Introduction: In Dubai, where a significant portion of the population comprises expatriate workers, sponsorship and health insurance for dependents are crucial considerations, especially for working couples.

Introduction: In accordance with Federal Decree-Law No. 13/2022, which establishes the Unemployment Insurance Scheme (UIS) in the UAE,

Introduction: In Dubai, the majority of residents living in rented apartments often face issues with their living spaces disrupted by malfunctions caused by building flaws.

Introduction: In the dynamic real estate landscape of Dubai, buying off-plan properties in Dubai can be a common investment strategy.

Introduction: In commercial transactions, the process of recovering debts owed by companies may sometimes necessitate legal intervention.

Forgery of academic degrees is a serious offence in the UAE, with severe consequences for individuals and employers.

Introduction: In the UAE, community living is a common lifestyle choice, encouraging a sense of togetherness and shared experiences.

Introduction: The UAE has recently strengthened its stance against cybercrimes with the introduction of Federal Decree-Law No. 34/2021, focusing on combating rumours and cyber offences.

Introduction: Air travel has become an indispensable part of modern-day life, offering convenience and efficiency for millions of passengers worldwide.

Introduction: Marriage, as a sacred union between two individuals, carries varied legal implications worldwide. With the UAE attracting a diverse expatriate population, many couples consider marrying in this vibrant nation.

Introduction: The UAE has recently implemented significant legal reforms regarding abortion, reproductive rights, and medical ethics, with the law of Federal Decree-Law No. 4/2016 on Medical Liability and its amendment with Federal Decree-Law No. 18/2023.

Introduction: The Federal Decree-Law No. 14/2018 on the Central Bank and the Organisation of Financial Institutions and Activities, along with its recent amendments outlined in Federal Decree-Law No. 54/2023,

Introduction: With the rapid advancement of technology and the increasing digitalization of financial transactions, the threat of bank fraud has become a significant concern globally,

Introduction: In a significant development aligning with Federal Decree-Law No.20/2018 on Combating Money Laundering Crimes, the Financing of Terrorism, and the Financing of Unlawful Organizations,

In recent years, the UAE has taken significant steps to enhance transparency and combat financial crimes within its business landscape.

Introduction: In a significant step aimed at strengthening the safety and transparency of government procurement processes, the UAE has implemented extensive legislative changes through Federal Law No. 11/2023 Concerning Procurement in the Federal Government.

Introduction: In recent years, the world has witnessed rapid growth in the popularity and adoption of virtual assets, including cryptocurrencies, non-fungible tokens (NFTs), and various other digital assets.

Introduction: The UAE has implemented measures to combat money laundering, terrorism financing, and the financing of unlawful organizations, with Federal Decree-Law No. 20/2018 serving as a pivotal legislation in this regard.

In a significant update to the regulation of labour relations, the Ministry of Human Resources and Emiratisation (MOHRE) has been authorized to make decisions in individual labour disputes.

Introduction: UAE introduces Federal Decree-Law No. 42/2023 to Combat Commercial Fraud, repealing Federal Law No. 19/2016, and emphasizing a comprehensive legal framework.

Introduction: In the age of the internet, where communication and interaction occur digitally, the frequency of online threats and cybercrimes has become a growing concern for governments worldwide.

Introduction: Extradition is a legal process through which one country surrenders an individual to another country for prosecution or punishment for crimes committed in the requesting country.

Introduction: Part-time employment is becoming increasingly common in the modern workforce, offering flexibility for both employers and workers.

During the economic uncertainties and global challenges, questions surrounding the rights and obligations of employers and employees have become increasingly pertinent.

Introduction: The UAE has recently introduced a significant regulatory framework with the issuance of Federal Decree-Law No. 55/2023, focusing on the regulation of media activities in the country.

Introduction: In a significant step, Federal Decree-Law No. 36/2023 has assumed control, replacing the previous competition regulation law (Federal Law No. 4/2012) in the UAE.

Maternity leave is an important aspect of employment, playing a crucial role in ensuring the well-being of female workers during and after pregnancy.

Introduction: The Federal Decree-Law No. 47/2022 on the Taxation of Corporations and Businesses (Corporate Tax Law),

Introduction: Medical negligence stands as a critical aspect of healthcare law in the UAE, significantly impacting both patients and healthcare practitioners.

In a world where remote work has become increasingly common, the UAE has taken a transformative step by introducing the one-year Remote Work Visa.

Introduction: The UAE has embarked on a significant initiative to ensure equitable treatment for Domestic Workers through the implementation of Federal Decree-Law No. 9/2022 Concerning Domestic Workers and Cabinet Resolution No. 106 of 2022,

“Hit-and-run”, as the name suggests, is used to refer to those cases of motor vehicle accidents where, after causing the accident, the offender abandons the scene without informing the relevant authorities or taking the appropriate measures. A hit-and-run accident is considered to be much graver because generally the person causing the accident is required to pay for the damages that he may have caused, whether to a person or property, whereas in a hit-and-run, the person may just drive away due to fear of getting caught.

As part of a new Ministerial Resolution, No. 663 of 2022, the UAE government has issued certain rules to regulate job postings in the country. The Resolution strictly warns those who post job offers which are misleading or which do not exist at all. Following Article 2 of the Resolution, establishments are prohibited from the following, when posting jobs for the purpose of Emiratisation:

Misuse of the internet is severely punished, with crimes such as hacking, breaching private or government data, spreading rumors or fake news, tampering with data of certain authorities, defaming individuals or religious beliefs being heavily penalized.

Tenancy laws in the UAE are separate for each emirate but incorporate similar provisions. The following article attempts to outline the reasons for eviction of tenants from rented properties, with respect to the tenancy laws of Dubai.

Companies, or brands, that offer services to the general public, can often become the subject of negative reviews from their customers, if their service has not been up to the mark. This is absolutely common, and people who are involved in this area of work know how to deal with such reviews from their clients. However, there may be instances where a person has just gone up and above with the review and really damaged the reputation of your business, when most of what he wrote was not even true. How do you deal with such a situation?

Businesses looking for growth opportunities in the UAE often seek the help of commercial agents since these are local persons equipped with the relevant expertise of business operations and networking in the country. Therefore, as part of the continuous effort to increase international business in the UAE, the government has put forward a new law regulating the commercial agencies in the country.  The new Federal Commercial Agency Code has seemingly incorporated extensive reforms when compared to its predecessor.

Arson means the act of deliberately setting fire to property and thereby causing widespread damage, including danger to people and animals. Although the offence of arson typically involves buildings, it could include any property, such as motor vehicles, trees and plantation, workshops etc. Arson is considered to be a felony, meaning that it is a serious offence, and therefore the penalties that an arsonist, i.e. a person committing arson, may be subject to are harsh.

Custody and guardianship are perhaps two of the most discussed concepts in the UAE family law. The present laws governing family matters have defined the scope of both to a certain extent, and parents are awarded their rights over the children accordingly.

To practice the medical profession in the UAE, it is imperative to obtain a license by the designated Health Authority. Under Article 4 of Federal Law No. 5 of 2019 On the Regulation of the Practice of the Human Medicine Profession, no one can practice the profession of human medicine, including dentistry, unless they are licensed by the Health Authority.

Marital rights of a woman refer to those entitlements that a wife can have over her husband, as a result of their marriage. Some of these rights can be exercised during the married life, while some can be claimed only after the spouses proceed for divorce.

The term “intellectual property” signifies any creation of the human intellect. It comprises of ideas, inventions, designs and discoveries, that can be used to earn recognition and financial gains. The most common examples of intellectual property are copyrights, patents and trademarks, among others.

Dissolution, or liquidation, of a company, is the process through which the company and its operations are brought to an end.

Offences related to drugs in the UAE are governed by Federal Decree-Law No. 30 of 2021, On Narcotics and Psychotropic Substances, and are severely punished. The country has a zero-tolerance policy when it comes to the use or possession of drugs, which includes buying and selling of drugs unless done for medical or scientific purposes under supervision and regulations. Regardless, people, especially from foreign countries, tend to bring and use drugs in the UAE, unaware of the consequences. As a result, several people have faced fines and jail time, including deportation from the UAE, as punishments for being involved in drug-related cases.

Parents are made to be the natural custodian of a child upon his birth, and in cases where parents are not fit to take custody, it may be given to the close relatives of the child, or a person competent to be a custodian in the eyes of law. But there may be cases when those entrusted to take care of a child are themselves the perpetrators of neglect towards the child. The UAE laws are very strict when it comes to the protection of children, and have laid down penalties if it is found that a child has been subject to neglect by his custodian.

As part of the legislative reforms initiated by the UAE government in the year 2023, several important laws have undergone an overhauling. As such, a new Civil Procedure Code has been enforced, namely, Federal Decree-Law No. 42 of 2022, Promulgating the Civil Procedures Law (“CPL”). It does not completely replace the provisions of the old one but has definitely introduced some changes that are noteworthy.

One of the oldest forms of taking evidence in a court of law is by way of producing witnesses. In the UAE, witnesses are governed according to:

February 1, 2023, marks the enforcement of a new personal law for non-Muslims in the UAE, namely, Federal Decree-Law No. 41 of 2022, on Civil Personal Status (Non-Muslim Personal Status Law). The federal law follows in the footsteps of Abu Dhabi’s Non-Muslim Personal Status Law which has proved to be efficient in dealing with personal matters of non-Muslim citizens and residents of Abu Dhabi. The federal personal status law seeks to cover the non-Muslim population of the entire country.

In recent years, alternate forms of dispute resolution, such as arbitration and mediation, have gained significant importance. Due to their advantages, these methods are being encouraged over litigation, especially in civil and commercial disputes. UAE, being a business hub, actively promotes alternate dispute resolution methods because they are time-efficient and provide a win-win solution for the parties to the dispute.

The year of 2023 is going to witness a sweep of legislative reforms in the UAE. A significant number of laws are coming into force with the new year, which will strengthen the socio-economic and political structure of the UAE and keep it at pace with the rest of the world.

In the UAE, all commercial activity, including that of construction, is regulated by the UAE Commercial Transactions Law. However, since these activities are based on contracts, in practice, the Federal Law No. 5 of 1985, known as the UAE Civil Code or the UAE Civil Transactions Law also comes into play.

On September 2nd, 2022, the UAE government issued the Cabinet Decision No. 85 of 2022, determining tax residency in the country. It lays down rules which determine as to when a person, whether natural or legal, may be considered as a tax resident in the UAE. The rules have been framed in consonance with internationally recognized standards and are set to come in force from March 1, 2023.

Bail is a provisional release of an accused if he is not charged of a major crime. The provisions regarding bail in the UAE are governed by Federal Decree-Law No. 38 of 2022, Concerning the Criminal Procedural Law. It lays down the procedure to be followed regarding the crimes made punishable by Federal Law No. 31 of 2021, On the Issuance of the Crimes and Penalties Law.

The UAE is a global destination for millions of expats, who come from all walks of life, with varying cultures, religions, beliefs and way of life.

The literal meaning of swindling is to take money or property from someone fraudulently, especially on a large scale. The term is often used interchangeably with fraud, in the commercial sphere, and the UAE being a hub of commerce, the probability of commission of fraud and fraud-related activities is very high.

The UAE Penal Code, the Federal Decree-Law No. 31 of 2021 On the Issuance of the Crimes and Penalties Law, is the law which regulates the criminal law in the UAE, along with the Criminal Procedure Code.

The introduction of a new personal status law for the non-Muslims is a landmark decision on part of the UAE government. To be enforced from February 1st, 2023, the Federal Decree-Law No. 41 of 2022 on Civil Personal Status brings with itself numerous changes in terms of marriage, divorce, custody, inheritance etc.

When a person dies intestate, it becomes very difficult for those left behind to gain access of his estate since they cannot be dealt with or transferred without court orders. This results in immense financial problems and unreasonable delays. Therefore, it is advised that a person should execute a will in his lifetime so that his family is freed from the distress it would otherwise experience.

The following article discusses the concept of contempt of court in relation to family law of the UAE.

A recruitment agency owner who was accused of recruiting domestic workers without a licence, was acquitted by a Dubai court based on discrepancies in charges.

The UAE Penal Code defines theft as taking of property belonging to a person other than the criminal and it shall be subject to the provisions of the UAE Penal Code.

Under the UAE laws, abortion is broadly regulated under two laws. These are the Federal Decree Law 31 of 2021 On the Issuance of Crimes and Penalties Law (UAE Penal Code) and the Federal Decree Law No. 4 of 2016 On Medical Liability (Medical Liability Law).

The child protection law in the United Arab Emirates is the Federal Law No 3 of 2016, also called the Wadeema’s Law. The Wadeema’s Law protects the overall rights of the child, including his fundamental rights of life, security and care, family rights, health rights, social rights, cultural and education rights.

An emerging branch of the legal profession, Alternate Dispute Resolution has witnessed significant progress over the past few years. It is being used in almost all kinds of disputes, and has been developed into codified laws in a number of countries, including the UAE. As a centre of commercial growth, ADR in the UAE is not only a want but a need, so that disputes can be resolved in the easiest of ways possible. A common area where ADR is often used is that of contractual disputes. Since they are mostly of civil nature, ADR is the most convenient method to resolve them.