Indecent Assault Case in the UAE

Indecent Assault Case in the UAE

Indecent Assault Case in the UAE, We can define an indecent assault case in the UAE as a crime committed by a perpetrator as a result of engaging in physical acts that violate modesty and decency.

These acts are performed directly on the victim’s body and involve touching their private or sensitive parts that people are keen to cover and protect.

Indecent Assault Case in the UAE

An indecent assault case in the UAE is considered valid whether it was committed with the victim’s consent or without it if the victim is under 18 years of age.

The UAE legislator, in Article 407 of Federal Decree-Law No. 31 of 2021 (the UAE Penal Code), has penalized indecent assault with imprisonment and a fine of not less than AED 10,000, or one of these two penalties, if the act was committed with the victim’s consent.

The penalty for indecent assault against a minor, whether male or female, is aggravated to imprisonment from ten to twenty-five years, or if the crime was committed with physical or moral coercion.

The penalty can reach death if the act of indecent assault leads to the victim’s death. With the assistance of a specialized firm like Samaha Legal Consultancy, you can understand all the aspects of an indecent assault case in the UAE and how to deal with it.

Read also: Best and Most Skilled Cassation Lawyer in the UAE

What Are the Grounds for Acquittal in an Indecent Assault Case in the UAE?

The grounds for acquittal in an indecent assault case in the UAE relate to how the assault is proven and the absence of the crime’s elements. The absence of the physical or moral element of the crime can lead to acquittal.

The physical element is absent in an indecent assault case in the UAE when the act was not committed by the defendant or if the causal link between the act and the outcome is not established, such as someone who trips on a sidewalk while crossing the street, tries to prevent a fall, and their hand accidentally lands on the victim’s private parts.

The moral element is absent in an indecent assault case in the UAE with the absence of criminal intent on the part of the defendant, for example, if they are insane, a non-discriminating child, or if the perpetrator mistakes the identity of the victim, believing her to be their wife and then realizing otherwise.

With the help of Samaha Legal Consultancy, you can understand the grounds for acquittal in an indecent assault case in the UAE in the correct legal manner.

What Are the Types of Indecent Assault Cases in the UAE?

Indecent assault cases in the UAE are divided into two types:

1. Indecent Assault by Coercion in the UAE: The crime of indecent assault by coercion occurs in the UAE if the act is committed against the victim as a result of physical or moral coercion exercised by the perpetrator.
The Penal Code considers indecent assault by coercion in the UAE to have occurred definitively if the victim is a minor under the age of 18.

2. Indecent Assault with Consent in the UAE: The crime of indecent assault with consent occurs in the UAE when it is committed by the perpetrator with the victim’s consent.
The crime is considered to have occurred whether it was with or without the victim’s consent.
However, this crime is considered a public right offense punishable by the UAE legislator, as it affects public order.
The judgment for an indecent assault case in the UAE with consent requires imprisonment for a term of no less than one year.
Therefore, it is best to submit a defense memorandum in an indecent assault case in the UAE with consent, which includes the defense and proof of the victim’s consent.
This is a service provided by a specialized law firm like Samaha Legal Consultancy.

Is Reconciliation Allowed in an Indecent Assault Case in the UAE?

Reconciliation is not allowed in an indecent assault case in the UAE because it is a public right offense, as it is a crime that affects public order and public morals in the UAE. Samaha Legal Consultancy can help you with these procedures in a legal manner.

Is an Indecent Assault Case in the UAE a Misdemeanor or a Felony?

The Penal Code considers an indecent assault case in the UAE a misdemeanor and punishes it with at least one year of imprisonment.

However, the penalty can be intensified to the point of execution if the indecent assault leads to the victim’s death, at which point it becomes a felony.

By working with Samaha Legal Consultancy, you can ensure the highest possible penalty for the perpetrator in the appropriate legal situation.

What Is the Crime of Indecent Assault in the UAE?

The meaning of indecent assault in the UAE is the perpetrator’s assault on the victim’s body in sensitive areas, represented by their private parts or any place that a person is keen to cover and protect from being touched.

The crime necessitates the punishment of the perpetrator and compensation for the victim’s indecent assault.

What Is the Role of a Specialized Lawyer, like Samaha Legal Consultancy, in an Indecent Assault Case in the UAE?

  • Providing Legal Consultations: A specialized lawyer from Samaha Legal Consultancy provides advice and guidance to the client regarding their legal status and the rights and duties resulting from the indecent assault case in the UAE. The specialized lawyer can assist you in understanding the available evidence and determining the most appropriate legal strategy for the case.
  • Analyzing Evidence and Determining Defenses: The specialized lawyer analyzes the evidence presented by the Public Prosecution or the other party in the indecent assault case in the UAE.
    They study the legal elements of the crime and argue for the absence of any of the elements, such as the physical or moral element, if they are not proven.

With the help of Samaha Legal Consultancy, you can understand the grounds for acquittal in an indecent assault case in the UAE in the correct legal manner.Contact Us.

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Appealing Commercial Cases in the UAE

Appealing Commercial Cases in the UAE

Appealing Commercial Cases in the UAE Many people wonder about the possibility of appealing commercial cases in the UAE. The Ministry of Justice has established specialized commercial courts to resolve disputes between merchants, companies, and partners, as well as to monitor violations and punish their perpetrators. Commercial cases are among the clearest in terms of causes and outcomes, making a decision on them relatively straightforward and uncomplicated.

Appealing Commercial Cases in the UAE

The UAE Ministry of Justice has established specialized courts for commercial appeals. These courts are a second-degree level and handle appeals of commercial judgments issued by the Commercial Courts of First Instance.

An appeal in a commercial case is filed with the Commercial Court of Appeals, where the dispute is reviewed and debated again, just like in other appeal courts.

The court then issues a new judgment, either rejecting the appeal and upholding the original ruling, or reversing it, or it may simply modify it.

If you need a consultation regarding appealing commercial cases in the UAE, you should contact Samaha Legal Consultancy.

The Commercial Court System for Appeals

The executive regulation of the commercial courts system aims to keep pace with the latest developments in international commercial laws, simplify procedures, and improve their quality.

Additionally, the system seeks to shorten the time spent on litigation, enhance the quality of commercial judicial outcomes, activate alternative dispute resolution methods, and leverage the role of the private sector and the concept of case management to avoid the need for appealing commercial cases.

The UAE commercial courts system has identified nine types of lawsuits, and electronic evidence is considered a valid form of proof, provided its authenticity and method of submission can be verified.

The courts are also specialized in applying intellectual property regulations, in addition to all claims for damages resulting from cases previously heard by the court. They also have jurisdiction over violations stemming from other commercial regulations and all requests related to court-appointed trustees, custodians, experts, and liquidators when the dispute is related to a case under the court’s jurisdiction.

The Commercial Courts of First Instance include a set of partial and general divisions, in addition to a Court of Appeals and a conciliation and mediation committee that works to provide amicable solutions to disputes.

The Commercial Appeal Lawsuit in the UAE

A lawsuit for appealing a commercial case can be filed by the party who is dissatisfied with the judgment of the Commercial Court of First Instance.

The role of the appeal is to bring the case to the state it was in before the appealed judgment, and this applies only to the specific parts that were appealed.

The Commercial Court of Appeals will review the appeal based on the new evidence, proofs, and defense arguments submitted to it, as well as those previously presented before the Court of First Instance.

It is important to note that only the party against whom the judgment was issued has the right to challenge the ruling and file an appeal.

Therefore, an appeal will not be accepted from any person who implicitly or explicitly accepts the judgment of the Court of First Instance.

The period for challenging first-instance judgments before the Court of Appeals begins the day after they are issued, unless the law stipulates otherwise. The UAE law sets the appeal period at 30 days, unless otherwise specified, and 10 days for urgent cases.

Failure to adhere to the designated deadlines for appealing the judgment results in the forfeiture of the right to appeal.

Objecting to an Appeal Ruling in Commercial Cases in the UAE

Article 173 of the Civil Procedures Law states that an objection can be filed against a ruling issued by the Court of Appeals if the case value exceeds AED 200,000 or if its value is not estimated, in one of these cases:

  • If the appealed judgment is based on a violation or misinterpretation of the law.
  • If there is an invalidity in the judgment or one of its procedures that affects its outcome.
  • If the challenged judgment violates the rules of jurisdiction.
  • If the judgment lacks reasoning or its reasoning is insufficient.
  • If the judgment orders something not requested by the opponent or exceeds their request.
  • If the judgment on the dispute contradicts another final judgment previously issued in the same matter between the same opponents.

What Are the Reasons for Appealing Commercial Cases in the UAE?

  • The appeal lawsuit was not filed within the specified deadline.
  • The plaintiff has no legitimate interest in challenging the ruling.
  • The plaintiff or the defendant in the appeal lack legal capacity.
  • The appellant has explicitly or implicitly accepted the original judgment.
  • The appealed judgment is not a first-degree ruling or one that is eligible for appeal.

When is an Appeal Filed in Commercial Cases in the UAE?

A lawsuit for appealing a commercial case is filed by submitting a statement of appeal starting from the day after the judgment of the Court of First Instance is issued.

The designated period for filing the appeal is 30 days.

We have clarified all matters concerning appealing commercial cases in the UAE. If you need legal advice, Samaha Legal Consultancy is your best choice. Contact us

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Appeals in UAE Law

Appeals in UAE Law

 

Appeals in UAE Law, If a lawsuit has been filed before a court of first instance and a judgment has been issued, the litigants can appeal the judgment in accordance with UAE law.

Appeals in UAE Law

An appeal in UAE law exists for cases that have been heard before courts of first instance, whether they are criminal, civil, commercial, or financial.

The provisions for appeals in UAE law are found in both the UAE Civil Procedures Law and the UAE Criminal Procedures Law. The rules for appeals in both laws can be considered the applicable rules for any criminal or civil lawsuits.

Definition of an Appeal in UAE Law

An appeal in UAE law is a challenge filed by one of the litigants—either the one who won or lost the case—against a judgment issued by a court of first instance. The appeal is filed before a Court of Appeals, which is classified as a second-degree court, within the specific legal timeframe.

The term “court of first instance” refers to the court where a lawsuit is initially filed. Primary courts are considered to have general jurisdiction and hear all types of lawsuits, except for those specifically exempted by a special law.

Within any judicial circuit, there is a court of first instance and a Court of Appeals. This also applies to personal status courts, labor courts, criminal courts, commercial courts, and other types of courts affiliated with the UAE Ministry of Justice.

When Is It Permissible to File an Appeal in UAE Law?

Many litigants wonder whether they have the right to appeal and when they can do so.

This question can be answered by referring to Federal Decree-Law No. 42 of 2022, which issued the UAE Civil Procedures Law. The required conditions for an appeal in UAE law are as follows:

  • The appeal must be filed against a final judgment. It is not permissible to appeal judgments issued during the course of a lawsuit, except for temporary and urgent judgments.
  • The judgment must be legally appealable. Some judgments cannot be appealed if the value of the lawsuit or dispute is negligible.
  • The appeal must be filed within the legal timeframe, which is 30 days from the day after the judgment is notified to the losing party.
  • The appeal is only accepted from the winning or losing party, or their authorized representative.
  • There must be a substantive reason for the appeal.

 Types of Appeals in UAE Law

The type of appeal varies depending on the type of court of first instance that issued the judgment, whether it is criminal, labor, civil, commercial, administrative, or personal status.

  • Appeals in Criminal Cases The method for appealing judgments issued by criminal courts is explained in the UAE Criminal Procedures Law. This is done within 15 days from the date the judgment is pronounced in the defendant’s presence, or from the date of the opposition judgment, or from the date the judgment is notified to the absent litigant.
  • Appeals in Labor Cases The UAE Labor Law specifies how to resolve individual disputes arising from the application or non-application of the law. This includes outlining how to file labor disputes and complaints and how to handle all the details of appeals in labor cases.
  • Appeals in Personal Status Cases The personal status courts in the UAE have jurisdiction from the beginning of lawsuits arising from the application of the UAE Personal Status Law. Consequently, the rules for appeals in personal status cases are the same as those in the UAE Civil Procedures Law and its amendments. Litigants must file the appeal within 30 days from the date the judgment is notified, before the appellate Personal Status division of the Court of Appeals.
  • Appeals in Drug-related Cases According to Federal Decree-Law No. 30 of 2021 concerning the combatting of narcotics and psychotropic substances, drug-related cases are classified as felonies and misdemeanors based on the prescribed penalty.
  • The UAE Anti-Narcotics Law grants the federal courts in Abu Dhabi jurisdiction to hear cases related to drug trafficking and promotion, which are considered felonies. Appeals are filed according to the rules of this law, within 15 days from the date the judgment is pronounced in the defendant’s presence, or from the date of the opposition judgment, or from the date it is notified to the absent convicted party.
  • Appeals in Civil Cases Civil lawsuits filed by litigants against each other, whether related to contractual obligations or personal liability for actions causing harm to others, are heard before courts of first instance (primary and reconciliation courts) according to the rules of local and subject-matter jurisdiction. The judgments issued in these cases are appealable before the competent Civil Court of Appeals within 30 days from the date the judgment is notified to the losing party.
  • Appeals in Compensation Cases Appeals in compensation cases fall under the category of civil lawsuits. This is because most compensation lawsuits arise either from a wrongful act that causes harm to others, in accordance with the provisions of tort liability, or from a crime heard before a criminal court. A judgment issued in a compensation case is appealable according to the rules of the UAE Civil Procedures Law.
  • Appeals in Administrative Judiciary Appeals in administrative judiciary in UAE law refer to all cases related to administrative disputes where a state department is a party. The courts that hear these lawsuits can change depending on the type of lawsuit filed.
  • Appeals in Commercial Cases A lawsuit or case can be classified under appeals in commercial cases if it arises between merchants or companies and involves commercial activities. We have presented everything related to appeals in UAE law. If you need a legal consultation in the UAE, you should contact us at Samaha Legal Consultancy.contact us
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Marriage in the UAE

Marriage in the UAE

Marriage in the UAE is a legal process that provides a formal framework for the relationship between spouses, outlining all mutual rights and obligations. It also incorporates a set of cultural and religious concepts that play a crucial role in shaping relationships. Spouses are entitled to legal rights such as inheritance and financial rights, as well as mutual obligations like family support and child care.

Types of Marriage in the UAE

Marriage in the UAE can be divided into two types:

  • Sharia Marriage: The provisions of a Sharia marriage contract apply to Muslims, whether they are Emirati citizens or residents, regardless of their nationality. Under the law, a Muslim man is permitted to marry a non-Muslim woman, but the reverse is not allowed, as a Muslim woman is not permitted to marry a non-Muslim man unless there is proof of his conversion to Islam. The law in the UAE also permits polygyny, allowing a Muslim man to marry up to four wives, provided he treats them all justly in terms of financial support and good conduct. Samaha Legal Consultancy can help you finalize marriage contracts with all their legal details, ensuring the rights of all parties in the marriage in the UAE are protected.
  • Civil Marriage: In 2021, the UAE introduced civil marriage services under Law No. 14 of 2021, which includes the provisions and amendments related to civil marriage. This type of marriage is regulated according to Articles 4 and 5 based on secular rules without the need for the spouses to undergo a pre-marital medical examination. Civil marriage in the UAE also does not require permission from the wife’s father or guardian. By contacting Samaha Legal Consultancy, you can finalize all legal details related to civil marriage in the UAE in a fully legal manner.

Conditions for Marriage in the UAE

The conditions for a Sharia marriage in the UAE include the following:

  1. The marriage contract must be registered with the Sharia Court.
  2. Both parties must have reached the legal age for marriage, which is 18 years. If they are younger than this, a judge’s consent is required.
  3. The groom’s age must not be twice the bride’s age or more. If this condition is not met, a judge’s consent is required.
  4. A medical fitness certificate must be submitted, confirming both spouses’ ability to marry.
  5. Both spouses must be personally present.
  6. The bride’s guardian or their representative must be present, along with two male Muslim witnesses.
  7. The bride’s guardian must consent to the marriage.
  8. If the bride’s father has passed away, the nearest guardian, such as the eldest brother, takes on the role of the guardian.
  9. If the bride is divorced or widowed, she must provide an official document proving her status.
  10. A girl whose father is a non-Muslim must provide a marriage consent certificate issued by her home country or by its diplomatic mission in the UAE.

As for the legal conditions for civil marriage in the UAE, they are as follows:

  1. In cases of civil marriage, neither spouse must be an Emirati national or a Muslim by religion.
  2. Both parties must consent to the marriage contract, and each must be at least 21 years old, which is the age of marriage in the UAE’s civil marriage law.
  3. There must be no first or second-degree kinship between the spouses, and neither of them should be married to another person.

Samaha Legal Consultancy can help you understand all the conditions and regulations related to marriage in the UAE in its various forms.

Marriage Procedures in the UAE

The marriage procedures in the UAE include clear steps for both Muslims and non-Muslims:

  1. Access the UAE Ministry of Justice Website: The couple must visit the official website to use the available online services for applying for marriage.
  2. Submit the Application: After logging in with their digital IDs, the couple submits the required marriage application. The system allows for the seamless submission of the required documents.
  3. Pay the Prescribed Fees: It is necessary to pay the specified fees to complete the marriage procedures. The couple can pay through the website.
  4. For Muslims: A Sharia official (Mādhūn) is contacted to conduct the marriage contract according to Sharia. The couple must set an appointment with the Mādhūn and bring the required witnesses to finalize the contract.
  5. For Non-Muslims: A notary judge meets with the couple to register and issue the marriage contract after reviewing the required documents.
  6. Receive the Contract: After completing all the previous steps and procedures, the marriage contract is received.

By contacting Samaha Legal Consultancy, you can understand all the conditions and complete all legal procedures in the appropriate manner.

Required Documents

For Muslims, the required documents are:

  1. Proof of identity for the applicant.
  2. Proof of identity for the two witnesses.
  3. Supporting documents for the application, such as divorce certificates or death certificates if one of the parties is a widow.

For non-Muslims, the required documents are:

  1. Proof of identity for both spouses.
  2. A no-objection letter from their embassy.
  3. A medical examination certificate to confirm the health of both parties.

Samaha Legal Consultancy can help you understand all the conditions and regulations related to marriage in the UAE in its various forms. contact us

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Legal Consultations in the UAE

Legal Consultations in the UAE

Legal Consultations in the UAE, In the UAE, legal consultations are as important as other services provided by a law firm like Samaha, such as litigation, representation in court, or legal drafting.

In this article, we will help you understand how to obtain legal consultations in the UAE through our firm, Samaha.

Legal Consultations in the UAE

Federal Decree-Law No. 34 of 2022, which regulates the professions of lawyers and legal consultants in the UAE, introduced several key points:

  1. Regulating practicing, non-practicing, and trainee lawyers.
  2. Regulating legal assistants, who include legal researchers and legal consultants.

Services of a Legal Consultant through Legal Consultations in the UAE

According to the new law on the legal profession, a legal consultant provides the following services:

  • Providing all legal services, with the exception of pleading and representing others before courts and judicial committees.
  • A legal consultant must provide legal opinions and legal studies within the office they work for.
  • The legal consultant must record their work on special papers belonging to the law firm, after being signed by a registered practicing lawyer from the same firm.
  • The legal consultant can provide legal consultations on all cases handled by the office, whether they are commercial, civil, real estate, criminal, administrative, labor, or personal status cases.

What are the Prohibitions for a Legal Consultant?

A legal consultant is prohibited from:

  • Signing claim memoranda or memoranda submitted to courts of different levels, whether they are defense or appeal memoranda.
  • Signing agreements regarding office fees with clients, whether in their own name or as a representative of the office they belong to.
  • Providing legal consultations for their personal benefit or on behalf of another office.
  • Receiving a share of any disputed right from a client.
  • Performing work requested by a client that violates the state’s laws and regulations or is contrary to the ethics and traditions of the profession.

In this context, providing legal consultations has become more regulated in the UAE, which is considered a legislative advancement. Therefore, anyone who wishes to practice legal consulting must abide by the provisions of the law regulating the legal profession.

The profession of a legal consultant is a liberal, salaried profession. A legal consultant receives a salary commensurate with the intellectual effort they put into providing these legal consultations in the UAE.

The best firm for providing legal consultations in the UAE is Samaha. We are a specialized and committed firm that provides legal consultations in a manner that complies with all applicable laws and regulations.

If you are in need of assistance with any legal matter, do not hesitate to contact us to request a legal consultation.

A Law Firm for Legal Consultations in the UAE

Every person, at some point, needs to request a legal consultation, whether they are an Emirati citizen or a resident expatriate.

Therefore, they will search for a legal consultant to assist them, looking for the best consultants in the UAE or in the specific emirate where they reside.

We advise anyone looking for the best legal consultant to obtain legal consultations to go to Samaha Law Firm, as it is a specialized firm in the UAE.

A law firm like Samaha can be considered the best by applying the following criteria:

  • It must be proficient in all UAE laws and their minute details, including federal and local laws.
  • It must be proficient in all litigation procedures to assist the lawyers in the firm with filing lawsuits.
  • It must have broad knowledge of all judicial precedents issued by the higher courts, which can be relied upon when providing legal consultations.
  • The legal consultant must be continuously updated on all newly issued laws, whether they are amendments to previous laws, repeals, or completely new laws.
  • The legal consultant must have an exceptional ability and legal acumen to analyze the issues and cases presented to them to provide the best possible legal consultations.

Who is the best lawyer for legal consultations in the UAE? The best lawyer for legal consultations in the UAE is at Samaha Legal Consultancy. Our excellence comes from our proficiency in all federal and local UAE laws and legislations, as well as our commitment to all applicable laws and regulations during our work.

In conclusion, through our article on legal consultations in the UAE, we hope we have provided you with sufficient information on what legal consultations are, how they are provided, and who is the best legal consultant in the UAE.contact us

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Family Cases in the UAE

Family Cases in the UAE

Family cases in the UAE are among the most important types of lawsuits, as they are related to the family, from marriage to custody, divorce, and other matters.

For this reason, if you need to obtain legal consultation regarding family cases in the UAE, you should contact Samaha Legal Consultancy.

When Do You Need Legal Consultations Regarding Family Cases in the UAE?

Some family cases in the UAE attract the attention of society and the court, and they require legal consultations from a specialized law firm like Samaha Legal Consultancy. The most prominent of these family cases are:

  • Divorce and Child Custody Cases: This includes divorce, determining child custody, the division of marital property, and spousal support.
  • Domestic Violence: Domestic violence cases are among the most important social issues that require consultation with a specialized law firm for family cases in the UAE, such as Samaha Legal Consultancy.
  • Family Inheritance: These are inheritance cases and the legal and Sharia-compliant division of property among all family members, in accordance with applicable UAE law.
  • Marriage and Divorce Cases: This includes the procedures for marriage and divorce and their related judgments.

Family cases in the UAE require legal and social intervention to ensure the protection of individuals’ rights and the building of sound and stable family relationships.

How to Choose a Suitable Legal Consultant for Family Cases in the UAE

A family legal consultant is a lawyer specializing in family law who provides legal consultations on family matters. Their job includes providing legal advice and guidance.

While searching for a legal consultant for family cases in the UAE, you should follow these steps to choose a suitable one:

  • Search for accredited family consultants in the UAE and seek out others’ opinions and recommendations to identify suitable options.
  • Verify the credentials and licenses of the family consultant’s office, and check their professional and educational background.
  • Contact potential consultants, ask fundamental questions, and gauge their responsiveness and style.
  • Verify personal compatibility with the family consultant and make sure you are comfortable dealing with them and understand their work approach.
  • Ask for details about the cost and timeline for sessions and consultations with the family consultant.
  • Rely on recommendations from people who have previously used the family consultant’s services to get relevant evaluations and suggestions.
  • Ensure that the family consultant has integrity and maintains confidentiality when dealing with family problems and challenges.

Ultimately, if you need a specialized law firm for family cases in the UAE, Samaha Legal Consultancy is your best choice.

Steps to Obtain a Legal Consultation on Family Cases in the UAE

To obtain a legal consultation on family cases in the UAE, you can follow these steps:

  • Search for a family lawyer in the UAE who specializes in family law and family cases, and check their focus and experience in this field.
  • Verify the lawyer’s accreditation and license to practice in the UAE.
  • Contact the lawyer and arrange an initial consultation to discuss the case and receive preliminary advice.
  • Provide details about the family case that requires legal consultation and clearly explain your concerns.
  • Consult with the lawyer about a potential plan of action for the case and get the necessary guidance.
  • Be sure to understand the potential cost of legal services and the fees associated with the case to determine if it is suitable for you.
  • Agree with the lawyer on the terms and expected duration for handling the case and define the required tasks.
  • Confirm your commitment to confidentiality with the lawyer and build a collaborative relationship based on trust.

The Role of Our Firm in Providing Family Consultations in the UAE

Samaha Law Firm is a specialized law firm that provides legal consultations in the UAE, which includes family cases. The firm provides its services to clients seeking legal advice on family matters.

The role of Samaha Law Firm in family cases in the UAE is as follows:

  • The firm provides legal guidance and direction related to family cases, such as divorce, child custody, and spouses’ rights.
  • The firm’s lawyers represent their clients in courts and pleadings in family cases, and work to protect their interests in accordance with the new Personal Status Law.
  • The firm assists you in preparing the necessary legal documents and agreements in family cases.
  • The lawyers at Samaha Law Firm provide consultations and services in the field of civil marriage and civil divorce for non-Muslims, in accordance with the civil Personal Status Law.
  • Resolving family disputes through legal means and working to reach agreements that provide acceptable solutions for all parties.

What is the Importance of Seeking Help from a Consultant in Family Cases in the UAE?

The importance of seeking help from a family consultant comes from obtaining legal consultations and services for pleading and defending the client’s rights, in addition to understanding rights and duties.

This concludes our article on family cases in the UAE, in which we provided information on what family cases in the UAE are, how to obtain a consultation from Samaha Legal Consultancy, and highlighted the role of our firm in this field.

Therefore, when you need any consultation regarding family cases in the UAE, you should contact us at Samaha Law Firm.

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Foreigner Marriage in the UAE

Foreigner Marriage in the UAE

Foreigner Marriage in the UAE, UAE law has made all the necessary arrangements to facilitate foreigner marriage in the UAE, establishing a legal and organized process that accommodates all foreigners, regardless of their cultural backgrounds or religions.

Conditions for Foreigner Marriage in the UAE

The law sets specific conditions for a foreigner marriage contract, which are as follows:

For Muslim Foreigners

  1. Both spouses must have reached the legal age of 18, which qualifies them to marry in the UAE.
  2. Both spouses must be physically present to sign the marriage contract, and the bride’s father and witnesses must also be present.
  3. The guardian’s consent for the bride is required.
  4. The marriage contract must be officially registered in a Sharia court.
  5. The financial rights of the wife must be protected to ensure she is not subjected to any future harm.

You can meet all these conditions and learn all the legal details for this type of marriage by contacting Samaha Legal Consultancy.

For Non-Muslim Foreigners

  1. Both spouses must have reached the legal age of 21. Their age is verified by documents issued by their home countries.
  2. In this case, civil marriage law is applied.
  3. The spouses must sign a disclosure form confirming that they are not previously married to each other or anyone else.

You can meet all these conditions and learn all the legal details for this type of marriage by contacting Samaha Legal Consultancy.

Conditions for an Emirati Man Marrying a Foreign Woman

  1. If the husband is a Muslim, the provisions of the Personal Status Law issued by Federal Decree No. (41) of 2024 apply.
  2. If the husband is a member of the armed forces, he must obtain prior permission from the Chief of Staff.
  3. There must be compatibility (Kafaa) between the Emirati husband and the foreign wife.

You can meet all these conditions and learn all the legal details for this type of marriage by contacting Samaha Legal Consultancy.

Conditions for an Emirati Woman Marrying a Foreign Man

  1. The wife must obtain the consent of her legal guardian.
  2. The husband must have a legal residency permit in the UAE.
  3. The husband must provide a certificate of good conduct issued in the UAE.
  4. The Emirati woman must not have obtained citizenship through naturalization.

You can meet all these conditions and learn all the legal details for this type of marriage by contacting Samaha Legal Consultancy.

What Are the Procedures for Expatriate Marriage in the UAE?

To begin the process, expatriates must secure the required documents, which include:

  1. Valid passports for both spouses.
  2. A copy of their residency permit if they are residents in the UAE.
  3. A comprehensive pre-marital medical examination to ensure they are free of any hereditary or infectious diseases.

You can meet all these conditions and learn all the legal details for this type of marriage by contacting Samaha Legal Consultancy.

After obtaining these documents, the marriage registration procedures can begin as follows:

  1. Foreign documents must be translated and legalized by the competent authorities.
  2. Once the documents are complete, the marriage application is prepared and submitted to the competent court.
  3. If the marriage contract is held in a Sharia court, it must be conducted in the presence of witnesses to the marriage.
  4. All fees associated with the marriage contract must be paid.
  5. The marriage contract is documented by official authorities and then by the embassy of the country to which one or both spouses belong.

By contacting Samaha Legal Consultancy, you can complete and legalize the marriage contract in a legally sound manner.

What is the Role of a Foreigner Marriage Lawyer at Samaha Law Firm?

The role of a foreigner marriage lawyer at Samaha Legal Consultancy is very important in assisting with the completion and documentation of marriage procedures. Our legal team has extensive experience with personal status laws and the rights of foreigners. We can assist you with matters such as:

  1. Preparing, translating, and legalizing the required documents for the marriage contract.
  2. Drafting the marriage application in a legally sound format.
  3. Filing a lawsuit to formalize the marriage contract before the competent court.

Why is a Special Medical Test Required for Foreigner Marriage in the UAE?

The purpose of a special pre-marital medical test is to confirm that neither spouse has any infectious or hereditary diseases. This medical examination is one of the most essential conditions for both Sharia and civil marriage.

What Documents Are Required for a Foreigner Marriage Contract in the UAE?

The required documents for a foreigner marriage contract are numerous, including:

  1. Copies of the spouses’ valid passports.
  2. A copy of their residency permit if they are residents in the UAE.
  3. A comprehensive medical examination report confirming they are free of diseases.

By contacting Samaha Legal Consultancy, you can ensure all required documents are in order to complete the foreigner marriage procedures in the appropriate legal manner. Contact Us.

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Khula Law in the UAE

Khula Law in the UAE

The Khula law in the UAE provides a solution for a married couple to end their marriage contract when it is impossible to continue, according to specific conditions and procedures.

Provisions of the Khula Law in the UAE

The Khula law in the UAE affirms the wife’s right to request khula. It is defined as a separation between spouses at the wife’s request and with the husband’s consent in exchange for a consideration (iwad) paid by the wife or someone else. A khula results in an irrevocable minor divorce (talaq bain baynouna sughra).

According to Article 66 of the UAE Personal Status Law No. 41 of 2024, the consideration for khula can be as follows:

  1. Anything that can be considered property can be a consideration for khula.
  2. If the consideration is the dowry (mahr), it is limited to the return of what was received of the dowry, and the rest is forfeited, even if it was deferred.
  3. The agreement cannot stipulate that the consideration for khula is any of the children’s rights, financial support, or custody.
  4. If the husband intentionally refuses the offered consideration, the court will grant the khula in exchange for an appropriate consideration determined by the court.

 types of khula

1. Consensual Khula

  • It is a contract based on the mutual consent of the spouses to end their marriage.
  • The spouses agree on the financial consideration to be paid by the wife in exchange for the divorce.
  • Consensual khula is carried out based on an amicable agreement between the spouses.

2. Judicial Khula

  • It is based on a judgment issued by the competent court if the husband refuses the khula amicably.
  • The court determines the financial consideration based on the specific circumstances of each case.
  • The wife must file a lawsuit in court to request the khula.

Conditions for Khula under the Khula Law in the UAE

To ensure the validity of the khula presented before the competent court, certain conditions must be met, as stipulated by the Khula law in the UAE. These include:

  1. Both spouses must have reached the legal age of maturity and have full legal capacity.
  2. The marriage contract must be valid, legal, and Sharia-compliant.
  3. There must be genuine, convincing, and legitimate reasons for the request.
  4. The wife must pay a sum of money to the husband in exchange for the khula. If the wife lacks legal capacity or is not of legal age, her guardian can offer the appropriate consideration on her behalf.
  5. The value of the consideration must be based on a prior agreement between the spouses. If the husband intentionally refuses the amount, the court will determine an appropriate financial consideration.
  6. The agreement cannot be that the khula is in exchange for the woman waiving her right to child custody or their financial support.
  7. The funds agreed upon as consideration for khula must not be illegitimate or legally prohibited.

You can learn all the conditions for khula and their legality according to the Khula law in the UAE easily by contacting Samaha Legal Consultancy.

Procedures for Filing a Khula Lawsuit

In cases of consensual khula, certain procedures must be followed:

  1. A khula contract must be created with the consent of both parties, including their personal details.
  2. The contract must include the genuine, logical, and legitimate reasons that led to the khula request.
  3. After verifying that the contract meets the legal conditions, a specialized divorce lawyer, such as from Samaha Legal Consultancy, will have the contract signed by both spouses.
  4. The khula decision must be documented before the Sharia court within 15 days of its issuance.

In cases of judicial khula, the following must be followed:

  1. The wife must file a judicial khula lawsuit with the competent court to request the khula, as stipulated by the Khula law in the UAE.
  2. She must prove the genuine and legitimate reasons for her request to the judge.
  3. When the judge is convinced of the necessity of separation between the spouses, they will issue a decision and grant the khula according to the provisions of the Khula law in the UAE.

By contacting a specialized lawyer in such cases, like Samaha Legal Consultancy, you can complete these procedures in an effective and legal manner.

What is the Difference Between Talaq (Divorce) and Khula Law in the UAE?

There are some key differences between a separation through a Khula law in the UAE and a conventional Talaq (divorce):

  • Khula:
    • It is based on an agreement between the husband and wife.
    • A financial consideration is an essential pillar of khula.
    • The wife often cannot get all or some of her rights.
    • It is considered an irrevocable minor divorce.
  • Talaq:
    • It is initiated by the husband’s will, either explicitly or implicitly.
    • It does not require a financial consideration.
    • The wife receives all her legal rights, such as financial support and dowry.
    • It can be revocable after the first or second time and becomes an irrevocable major divorce on the third occasion.

How Can a Specialized Lawyer at Samaha Legal Consultancy Assist with Khula Cases?

Khula cases are sensitive and presented before Sharia courts due to the conditions required by the Khula law in the UAE.

Samaha Legal Consultancy has a team of highly experienced lawyers in personal status laws related to divorce and khula. They can help you with the following:

  1. Providing Consultations: They offer all necessary legal consultations on how a woman should act if she wishes to obtain khula as quickly as possible.
  2. Preparing the Khula Contract: They help you prepare the khula contract in a legally sound format, mentioning the genuine, logical, and convincing reasons that led the wife to request khula.
  3. Court Representation: If the wife is forced to file a judicial lawsuit, a specialized lawyer can represent her before the competent court and present all legal defenses.
  4. Preparing Legal Memoranda: They can prepare legal memoranda to respond to the opponent’s requests in the lawsuit.
  5. Enforcing the Judgment: They can enforce the judgment issued in the khula lawsuit and officially document it.

You can consult Samaha Legal Consultancy to understand these provisions and their proper legal application.Contact Us.

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The UAE Execution Law

The UAE Execution Law

The UAE Execution Law If a judgment has been issued in your favor by a UAE court, and you wish to have that judgment enforced through the competent Execution Court, this article clarifies all the provisions of the UAE Execution Law. This information is provided by Samaha Law Firm in the UAE, a firm specializing in the UAE Execution Law.

The UAE Execution Law

The provisions of the UAE Execution Law are contained within the text of the new UAE Civil Procedures Law, issued by Federal Decree-Law No. 42 of 2022.

The UAE Execution Law addresses execution matters through an official known as the Execution Judge, who is appointed in the headquarters of every Court of First Instance, Execution Department, or Execution Court. The same mandatory procedures applicable before the Court of First Instance are followed before the Execution Judge.

Among the most important decisions that the Execution Judge issues to enforce a judgment or an executive instrument are:

  • Postponing the execution of the judgment.
  • Granting a grace period to the debtor.
  • Installment of amounts due.
  • Accepting a surety (bail/guarantee).
  • Travel ban.
  • The ability to detain the debtor if necessary.

What are Executive Instruments?

The following documents are considered Executive Instruments that the Execution Judge must take the necessary measures to enforce under the UAE Execution Law:

  • Judgments and orders, including criminal judgments that involve compensation, fines, or other civil rights.
  • Authenticated instruments (documents attested to) in accordance with the law regulating authentication and notarization.
  • Settlement reports endorsed by the courts.
  • Documents that the law grants the status of an executive instrument.

No executive instrument can be enforced except through a copy of that instrument bearing the following Execution Formula (صيغة التنفيذ) as per the UAE Execution Law:

“The authorities and entities specialized in the UAE Execution Law must immediately proceed to enforce this instrument and implement its requirements, and they must assist in its enforcement, even forcibly, whenever requested to do so.”

The required period for the statute of limitations for an execution request is specified as one full year. If the execution applicant does not take any action for a period not exceeding one year, the Execution Judge shall order the temporary closure of the file.

If you require legal consultation regarding the UAE Execution Law, you should contact Samaha Law Firm in the UAE, as they are a firm specializing in this field.

Execution Procedures

The UAE Execution Law also includes several procedures to compel the judgment debtor (the party against whom execution is sought) to comply, the most important of which are:

  • Enforcement attachment and precautionary (or conservative) attachment.
  • Imposing a travel ban on the debtor and their detention if necessary.
  • Attaching what the debtor owns in the possession of a third party.
  • Selling the debtor’s real estate and movable property through a public auction.

FAQs on UAE Execution Law

Can the amount be paid in installments to the Execution Judge?

Yes, the Execution Judge has the right to allow the installment payment of the due amount agreed upon according to the executive instrument, provided the debtor submits a request explaining their inability to pay the full amount.

How long does the execution period take?

The execution period can last for the time required for the debtor to be officially notified to pay, which is seven days from the date they are formally notified of the execution by the Execution Judge. If they fail to comply with the executive instrument, the court will take executive measures against them according to the provisions of the UAE Civil Procedures Law, as issued by the Execution Judge.

The execution period can typically range from 15 days to several months, especially if there is no precautionary attachment, enforcement attachment, public auction, and so on.

Does the Execution Judge have the right to reject an execution request?

Yes, the Execution Judge has the right to reject an execution request if the request pertains to a document that is not one of the executive instruments stipulated in the UAE Execution Law, such as judgments, authenticated instruments, or court-endorsed settlement reports, or if the judgment has not acquired its final or conclusive degree and is still subject to appeal.

We have provided you with a comprehensive overview of the UAE Execution Law, clarifying the procedure for execution, what constitutes an executive instrument, and its required formula.

Any person can submit an execution request before the Execution Departments in the UAE Courts by appointing a specialized lawyer, such as Samaha Law Firm, which specializes in the UAE Execution Law. Samaha Law Firm in the UAE is your best choice for matters concerning the UAE Execution Law. Contact Us.

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Legal Rehabilitation under UAE Law

Legal Rehabilitation under UAE Law

Legal Rehabilitation (رد الاعتبار القانوني) under UAE Law occurs when a person’s violations have legal consequences related to their criminal record, deprivation of certain rights, and loss of eligibility to perform certain legal procedures. Removing these consequences and naturally reintegrating into society is an essential and necessary need that various individuals can achieve through Legal Rehabilitation under UAE Law. For legal consultation on applying for legal rehabilitation, you may contact a top specialized lawyer in the UAE, such as Samaha Law Firm.

Legal Rehabilitation under UAE Law

Legal rehabilitation under UAE Law is granted if an accused person in a minor offense has received a conviction judgment, provided that the Public Prosecution issues a decision to that effect after a pardon is granted to the convicted person, or after the execution of the imposed sentence is completed. This is pursuant to Article 4 of Federal Law No. 5 of 2022 concerning Legal Rehabilitation under UAE Law.

Furthermore, legal rehabilitation under UAE Law is granted if the convicted person is considered a recidivist by the judgment, or if their sentence has lapsed due to the passage of time, after the expiration of six months calculated from the completion of the sentence, its remission, or its lapse due to prescription.

Conditions for Legal Rehabilitation under UAE Law

Legal rehabilitation under UAE Law requires the fulfillment of a set of conditions, which can be summarized as follows:

  1. The application for legal rehabilitation under UAE Law must be submitted after the convicted person has settled all their financial obligations to the state and to individuals, except in cases where these obligations have lapsed or where the applicant can prove their inability to fulfill them.
  2. If the convicted person has received multiple judgments, the application for legal rehabilitation under UAE Law must treat each judgment separately in terms of procedures and compliance with the legal period.
  3. To submit an application for legal rehabilitation under UAE Law, the applicant must be a resident in the UAE at the time of application.
  4. In cases where the convicted person was held jointly liable for a debt by the judgment, it is sufficient for them to personally pay the amount assigned to them without being bound by others, as the share they must pay is determined by the court.

Procedures for Submitting a Legal Rehabilitation Application under UAE Law

If an individual wishes to apply for legal rehabilitation under UAE Law for a misdemeanor, they must follow the legal steps determined by Article 8 of Federal Law No. 5 of 2022 regarding Legal Rehabilitation under UAE Law, which are as follows:

The application for legal rehabilitation under UAE Law is submitted to the Public Prosecution office in the area where the applicant resides. This application must include the following information:

  1. The applicant’s personal details that identify their identity.
  2. A record of the places where the applicant has resided since the judgment was issued or since their release.
  3. A copy of the judicial judgment issued against the applicant, in addition to another document proving the execution of the sentence, a pardon, or its lapse due to prescription.
  4. The Public Prosecution undertakes the task of contacting the UAE Ministry of Interior to obtain the following data:
    • A report detailing the applicant’s criminal status since the judgment was issued or since their release.
    • A report on the applicant’s behavior during the period of sentence execution.
    • A report on the applicant’s behavior and circumstances in the places where they resided after the sentence was executed.

The Public Prosecution is responsible for verifying the application for legal rehabilitation under UAE Law and investigating all necessary information related to the applicant and their conduct. If there is nothing contrary to the law and the investigations confirm the applicant’s eligibility for acceptance, the Public Prosecution issues a decision granting Legal Rehabilitation under UAE Law.

Application for Legal Rehabilitation under UAE Law Submitted

The application is submitted to the Public Prosecution office in the area where the applicant resides after including the necessary information about the applicant’s identity and their places of residence after release or judgment. The Public Prosecution then follows up on the necessary procedures. Samaha Law Firm can assist you in finalizing the procedures for submitting a legal rehabilitation application under UAE Law.

How Long Does Legal Rehabilitation under UAE Law Take?

The application for legal rehabilitation under UAE Law cannot be submitted before the expiration of a six-month period, which is calculated from the completion of the sentence, its remission, or its lapse due to prescription. By contacting a specialized lawyer like Samaha Law Firm, you can find out all the legal details you may need regarding the timing of the application for legal rehabilitation under UAE Law.

In conclusion of our discussion on the application for legal rehabilitation under UAE Law, we have covered the conditions for accepting the application and the correct legal procedures for submission. We also emphasize the importance of contacting a specialized lawyer like Samaha Law Firm to obtain all the necessary legal details and required documents for applying for legal rehabilitation under UAE Law. Contact Us.

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