UAE Laws and Islamic Finance

Laws of the UAE and Islamic Finance

Archive for March 18, 2010

Cheating In Commercial Transactions in the UAE

 

Federal Law No. 3 of 1987 on the Penal Code for the United Arab Emirates (the “Penal Procedure”)

Article 423 of the Penal Procedure:

Without prejudice to any more serious penalty, detention and a fine or one of these two penalties shall be imposed upon any one who cheats a party contracting with him in the genuiness, nature, or substantial qualities of goods, the elements of their composition, or the quality or origin of goods in cases where such things are considered basic causes of contracting, or in the quantity, number, measurement, scale, weight, capacity or in the goods themselves, if the items delivered are different from those contracted upon.

The same penalty shall apply to any one who imports, buys or circulates such goods for trading purposes, knowing their reality.

Crimes Affecting Religious Doctrines and Rites in the UAE

 

Federal Law No. 3 of 1987 on the Penal Code for the United Arab Emirates (the “Penal Procedure”)

Article 312 of the Penal Procedure:

Detention and a fine or one of these two penalties shall be imposed upon anyone who commits any of the following crimes:

  1. Abuse of any sacred or holy Islamic rites.
  2. Blaspheming any of the divine recognized religions.
  3. Condoning or encouraging sin, publicizing it, or acting in a manner that tempts others to commit such sins.
  4. Knowingly eating pork by Muslims.  If any of such crimes is committed publicly, the penalty shall be detention for at least one year or a fine.

Article 313 of the Penal Procedure:

Detention for a period not exceeding one month or a fine not exceeding one thousand dirhams shall be inflicted upon whoever:

  1. Consumes food, beverages or other breakfast items publicly during the daytime of the fasting month (RAMADAN).
  2. Compels, incites or assists in such publicity.  Moreover, the public place where such acts are practiced may be closed for a period not exceeding one month.

Article 314 of the Penal Procedure:

The Minister of Interior, in coordination with the competent Municipalities, shall order the closure of any such public places during the day time to the Fasting Month (Ramadan) to ensure prevention of publicity referred to in the preceding Article.

The person in charge of the public place shall be punished by the penalty provided for in the preceding Article if he acts in violation of the closure order.

Article 315 of the Penal Procedure:

Whoever profanes any of the sacred beliefs or rites in the other religions, so far as such sacred beliefs and rites are respected according to the teachings of Islamic Law, shall be punished by detention and by a fine or by either of these two penalties.

Article 316 of the Penal Procedure:

Whoever profanes or desecrates places for burial of the dead or for preserving their corpses or whoever knowingly profanes or desecrates a dead body or the remains of a human corpse, shall be punished by detention for a period not exceeding one year or by a fine not exceeding ten thousand dirhams.

Article 317 of the Penal Procedure:

Whoever establishes, organizes, or administers a corporation, association, organization or a branch thereof with a view to resist or vilify the fundamentals or doctrines of the Islamic Religion or its essentially known teachings, practicing missionary activity in favor of other religions, advocating any sect or ideology which embraces any of the aforesaid matters, or commending such thoughts or circulating them, shall be punished by imprisonment for a minimum period of five years and a maximum period of ten years.

Article 318 of the Penal Procedure:

Whoever joins, assists or participates in a society or any of the organizations mentioned in the preceding Article knowing of their objective shall be punished by imprisonment for a period not exceeding seven years.

Article 319 of the Penal Procedure:

Whoever resists or defames the fundamental principles or teachings of the Islamic Religion or what is essentially known of its doctrines or vilifies such a religion, practices missionary work in favor of another religion, preaches for a sect or ideology which envisages any of the said matters, or tempts others to accept such ideologies or circulates such beliefs shall be punished by imprisonment for a period not exceeding five years.

Article 320 of the Penal Procedure:

It shall be prohibited for any group of people, corporation or organization to hold any conference or meeting in any place in the country if such a group of people, corporation, or organization aims, whether directly or indirectly, at opposing or vilifying the fundamental principles or teachings of the Islamic Religion or what is essentially known of its doctrines, or at practicing missionary activity in favor of another religion.

The public authority shall have the right to disperse such a conference or meeting with the use of force if necessary.

Whoever takes part in preparation for such a meeting or conference or participates in their activities shall be punished by imprisonment for a period of not less than five years and not more than ten years.

Article 321 of the Penal Procedure:

If any of the crimes cited in Article 318, 320 of this law has been committed with force or threat  or if the use of force or threat was noticeable in commission of such crimes, the culprit shall be punished by imprisonment for a period of at least seven years.

Article 322 of the Penal Procedure:

Whoever possesses written instruments, printed matters or taped records, which contain sedition or which circulates things mentioned in Article 320, provided that such instruments, printed matter or taped records are prepared for distribution or to be read by others, shall be punished by detention for a minimum period of one year and by a minimum fine of one thousand dirhams or by either of such two penalties.

The same penalty provided for in the preceding Article shall apply to any person who possesses any means which has been used in printing, recording, or announcing appeals, anthems or propaganda for any faith, association, corporation, or organization aiming at one of the objectives provided for in Article 320.

Article 323 of the Penal Procedure:

The same penalty provided for in the preceding Article shall apply to any one who obtains or receives funds directly or indirectly from a person or a corporation, whether inside or outside the state, with the aim of committing any of the acts mentioned in Article 320.

Article 324 of the Penal Procedure:

The penalty for attempting the crimes provided for in this chapter shall range from half the maximum and minimum penalty prescribed for each crime.

Article 325 of the Penal Procedure:

Without prejudice to the penalties provided in the preceding Articles, the court shall, in all cases shown in Article 318, dissolve said associations, organizations, corporations or branches and close their places of operation.

The court may also order the closure of the places where such crimes provided for in Articles 320 and 323 have been committed.

The court shall, in all cases indicated in the preceding two paragraphs, confiscate funds, effects and other things which might have been used or have been prepared to be used in commission of the crime or might be found in such places where the meetings of such associations, organizations, corporations or branches are held.

The court may order the deportation of a convict who is not a national of the country after the penalty inflicted upon him has been executed.

Article 323 of the Penal Procedure:

The same penalty provided for in the preceding Article shall apply to any one who obtains or receives funds directly or indirectly from a person or a corporation whether inside or outside the state with the aim of committing any of the acts mentioned in Article 320.

Article 324 of the Penal Procedure Law:

The penalty for attempting the crimes provided for in this chapter shall range from half the maximum and minimum penalty prescribed for each crime.

Article 325 of the Penal Procedure Law:

Without prejudice to the penalties provided for in the preceding Articles, the court shall, in all cases shown in Article 318, dissolve said associations, organizations, corporations, or branches and close their places of operation.

The court may also order the closure of the places where such crimes provided for in Article 320 and 323 have been committed.
The court shall, in all cases indicated in the preceding two paragraphs, confiscate funds, effects and other things which might have been used or have been prepared to be used in commission of the crime or might be found in such places where the meetings of such associations, organizations, corporations, or branches are held.

The court may order the deportation of a convict who is not a national of the country after the penalty inflicted upon him has been executed.

Article 326 of the Penal Procedure Law:

Pardon shall be granted to any felon involved in the crimes indicated in Articles 317 to 324 if he informs the judicial or administrative authorities of the crime before it is disclosed; if the information is made known after detection of the crime, the court may exempt him from the penalty if the notification leads to the arrest of other culprits.

Indecent Acts Under UAE Criminal Law

 

Federal Law No. 3 of 1987 on the Penal Code for the United Arab Emirates (the “Penal Procedure”)

Article 354 of the Penal Procedure:

Without prejudice to the provisions of the Juvenile Delinquents and Homeless Law, whoever resorts to coercion in sexual intercourse with a female or homosexuality with a male, shall be punished by the death penalty.  A case of coercion shall arise if the victim at the time of the crime was under fourteen years of age.

Article 355 of the Penal Procedure:

Attempt to commit any of the crimes provided for in the preceding Article shall be punishable by life imprisonment.

UAE Laws and Islamic Finance

Laws of the UAE and Islamic Finance