Justice and policing in United Arab Emirates - Research Paper Example

Justice System and Policing in the UAE The justice system in the UAE is governed primarily by the Shariah laws. A research conducted under Hauser Global Law School Program found out that, “although the core principles of law in the UAE are drawn from Sharia, most legislation is comprised of a mix of Islamic and European concepts of civil law, which have a common root in the Egyptian legal code established in the late 19th to 20th centuries.” (Khedr and Alnuimi) Thus, the justice system of the UAE is inspired by religious values as well as the phenomenal developments in legal frameworks around the world. Therefore, the proceedings of the courts in the UAE are either held under Federal laws and decrees that are applicable in all Emirates; or, Local laws that are developed and enacted by the individual emirates; or, Shariah laws that are purely governed by Islamic laws. The justice system of the UAE is straightforward and the security and integrity of this region is attributed to its strict laws and regulations that its citizens and visitors are bound to follow. The working of the justice system is different in the UAE from many other countries in a lot of ways. One of the unique aspects of the justice system in the UAE is that “unlike in some Western jurisdictions, there is no system of precedent in Dubai or the UAE. However, judgements of some higher courts are published...” (Tarbuck and Lester, 8) In general, the legal system of many countries is shaped by precedents but in the case of the UAE, each case is treated as a new case and analyzed according to its circumstances. Furthermore, it is noteworthy to mention here that the courts in the UAE conduct in Arabic language, so legal representation is required to be well versed in Arabic. Thus language barrier can be an issue for someone who is not familiar with Arabic and this can be particularly a problem for foreigners who may be involved in civil or financial-related disputes in the UAE. The criminal court of the UAE deals with all kinds of minor offenses and heinous crimes. As the UAE is constituted by seven emirates and each emirate has its own criminal courts, therefore, the justice system is strongly interconnected throughout the UAE. The independence of Federal judiciary “is guaranteed by the constitution” (UAE Interact) and it comprises of the Supreme Court and the courts of First Instance. Within the UAE, Law No.9 of 1976 is a federal law and applies in all criminal courts across the UAE. Each emirate in the UAE has its own criminal court and there are three stages of litigation which include the Courts of First instance, the Courts of Appeal and then the Federal Supreme Court. (Abiad and Mansoor, 305) If the justice system of Dubai is studied in relation to the Federal laws as well as local and shariah laws, the justice and policing system of the UAE would be comprehended in a better way. The federal codes of law that apply in Dubai and other emirates deal with fundamental principles of law such as: “civil, commercial, civil procedure, companies, intellectual property, immigration, maritime, industrial, banking and employment law.” (Tarbuck and Lester, 7) In this respect, it is clear that Dubai has developed a complete legal framework for dealing with disputes that may arise under all imaginable conditions. The courts of Dubai are divided into three types: Court of first Instance, Court of Appeal and court of Cassation; while civil and commercial disputes are looked over by the DIFC (Dubai International financial Centre) to aid people in resolving their issues. According to the official website of Dubai, “The Dubai Courts website has been designed to provide electronic services in such a way that enables the parties of legal cases to view the details of their cases and follow up their progress.” The enforcement of laws is strictly observed by the government of UAE and in this regard, the police force is vigilant and well equipped to undertake this task. “The UAE also has a zero tolerance policy on driving under the influence of alcohol. A person caught driving with even a small quantity of alcohol in their bloodstream may be fined, incarcerated or deported.” (Tarbuck and Lester, 15) Such stringent laws in Dubai and in other emirates stress upon the fact that shariah laws are complied with due diligence and everyone living in the UAE must respect Islamic laws. The Ministry of Interior of the UAE is responsible for policing and other emergency services. “Policing and emergency services in the UAE are the responsibility of the ministry of Interior. Each Emirate has its own police force although the uniforms and insignia, with the exception of local name badges, are the same across the country.” (IMF, legal department, 146) This way, the policing network efficiently handles all sorts of crime detecting, reporting and investigation. As in other countries, well coordinated policing and justice system help in curbing crime rate; similarly, the justice system and policing in the UAE work in collaboration to maintain writ of law. The police is directly involved in the process of crime reporting and investigation. According to the official website of US State Department, “Police stations take complaints from the public, make arrests, and forward most cases to the public prosecutor. These cases are then transferred to the court.” (Bureou of Democracy, Human rights and labour, 2006) The police force diligently plays its role against all kinds of illegal activities, crimes and offenses from breaking traffic laws to money-laundering, to possessing or selling drugs, to other serious crimes. The government of the UAE is taking all possible steps to curb the crime rate by introducing hotline services for the residents of the UAE. It is constantly upgrading its force by working with foreign experts, as posted on the website UAE Interact, “Dubai Polices Academy and New Scotland Yards Crime Academy have entered into a memorandum of understanding (MoU) for joint cooperation in training, expertise sharing and capacity building.” (24th July, 2011) Dubai police force is also the first Arabic Police force ”to apply, DNA testing in criminal investigations, the first to use electronic finger printing, and the first Arabic department to know and implement the paperless department concept.” (IPES) “The Dubai Police Force operates under a General Commander and his deputy, who in turn work under the Police Chief and his own deputy.” (DubaiCity.com) The Dubai police is armoured with cars and “the force also employs motorcycles, helicopters and boats.” The General Department of Criminal Investigation is the primary crime fighting department of Dubai police. However, the international media watch is wary of the way the justice and policing system of UAE works. “Many observers note that justice in UAE is selective... The UAE justice system has often come under criticism when expatriates are involved. Many reports indicated that arrests of expatriates and non-citizens increased during the 2008-2009 financial crisis, possibly out of citizen frustration that globalization and dramatic economic expansion have led to bursting of the economic “bubble” in UAE.” (Katzman, Congressional Research Service) The justice system and the policing of the UAE is efficient enough to maintain law and order across the emirates, even if it is sometimes being criticized for being biased. The country’s phenomenal growth can partially be attributed to its strict adherence to rules and regulations that all its citizens and visitors are bound to comply with. Work Cited Abiad, Nisrine and Farkhanda Mansoor. Criminal Law and the Rights of the Child in Dubai Police. Dubai City. Web. 29th Nov 2011. Dubai Police. IPES. Web. 29th Nov 2011. Dubai Police. Dubai. Web. 29th Nov 2011. Government. UAE Interact. Web. 29th Nov 2011. Katzman, Kenneth. The United Arab Emirates (UAE): Issues for U.S. Policy. October 3, 2011. Web. 29th Nov 2011. Muslim States: A Comparative and Analytical Perspective. London: BIICL, 2010. Khedr, ahmed and Bassam Alnuimi. A Guide to United Arab Emirates Legal System. Hauser Global Law School Program. Web. 29th Nov 2011. Tarbuck, Andrew and Chris Lester. Dubai’s Legal System: Creating A Legal And Regulatory Framework For A Modern Society. Motivate Publishing, UAE. 2009. United Arab Emirates: Detailed Assessment: Report on Anti Money Laundering and Combatting the Financing the Terrorism. International Monetary Fund. 19th Sept 2008. Web. 29th Nov 2011. Washington. United Arab Emirates. Bureau of Democracy, Human Rights, and Labour. March 6, 2007. Web. 29th Nov 2011. Read More