United Arab Emirates

Last Updated 18 March 2024

The United Arab Emirates (UAE) is a federation of seven states formed in 1971. It is governed by a Supreme Council of Rulers made up of the seven emirs, who appoint the prime minister and the cabinet. Islam is the country’s official religion. The UAE is a member of the League of Arab States (LAS), as well as the Organization of Islamic Cooperation (OIC). An estimated 88 percent of residents are noncitizens, largely consisting of migrant workers from India or the Philippines. More than 85% of UAE citizens are Sunni Muslims and an estimated 15% or fewer are Shia Muslims.1”United Arab Emirates” in 2022 International Religious Freedom Report, Office on International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/united-arab-emirates/ According to Boston University’s 2020 World Religions Database, the population includes approximately 125,000 atheists or agnostics.2

From March 2015 to February 2020, the UAE, along with Saudi Arabia, led an armed intervention against Houthi forces in Yemen. The armed conflict has created one of the world’s most devastating humanitarian crises, with 80% of the Yemeni population (more than 24 million people) now dependent on aid.2”Yemen Crisis”, UNICEF, last updated 16 February 2024, https://www.unicef.org/emergencies/yemen-crisis Thousands of Yemeni citizens have been killed in unlawful airstrikes, which have hit homes, markets, hospitals, schools, and mosques.3”Yemen” in World Report 2019, Human Rights Watch, https://www.hrw.org/world-report/2019/country-chapters/yemen#c43786

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
 
Grave Violations
Severe Discrimination

Constitution and government

The preamble to the Constitution4”Constitution of the United Arab Emirates”, WiPO, https://www.wipo.int/edocs/lexdocs/laws/en/ae/ae030en.pdf establishes that the document is as an announcement “to Allah, the Supreme and Almighty, and to all the people”. Article 7 of the Constitution designates Islam as the official religion, and Sharia as the main source of legislation.

The Constitution establishes that: “Freedom to exercise religious worship is guaranteed”, but not non-religious views, and only “in accordance with the generally-accepted traditions provided that such freedom is consistent with the public policy or does not violate the public morals” — broad qualifications.

Citizens have limited rights under the constitution to participate in elections. The political system grants the emirates’ hereditary rulers a monopoly on power and excludes the possibility of a change in government through elections.

Amendment to the Penal Code

In January 2022, changes to the Penal Code brought forth through the Crimes and Penalties Law 20215Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law, UAE Legislation, https://uaelegislation.gov.ae/en/legislations/1529 came into effect. The amendments to the Penal Code have been criticized for failing to address the long-standing and systematic restrictions on citizens’ and residents’ civil and political rights.6”UAE: Sweeping Legal ‘Reforms’ Deepen Repression”, Human Rights Watch, 5 June 2022, https://www.hrw.org/news/2022/06/05/uae-sweeping-legal-reforms-deepen-repression; “New UAE penal code: increased restrictions on fundamental freedoms”, MENA Rights, 18 May 2022, https://menarights.org/en/articles/new-uae-penal-code-increased-restrictions-fundamental-freedoms

Under Article 1 of the new law, “The provisions of the Islamic Sharia shall apply to the crimes punishable by retribution (Qisas) and crimes punishable by blood money (Diya). The other crimes and their prescribed penalties shall be defined in accordance with the provisions of this Law and the other penal codes in force.”

Article 183 prescribes insult and ridicule of the President, while Article 183 criminalizes “whoever mocks at or insults or damages the reputation or dignity or position of the State, any of its authorities or establishments or founding leaders, its flag or national emblem or anthem, or any of its national idols.” Penalties include prison and a fine.

Article 188 of the revised Penal Code states:

“The death penalty or life imprisonment shall be imposed on whoever establishes, founds, organizes, administers, leads or joins any association, entity, organization, formation, group, gang or any branch thereof, whatever is the name or form thereof, aiming at or calling for overthrowing or seizing the regime, disrupting the application of the provisions of the Constitution or the laws, contradicting the basic principles on which the regime is based, preventing any of the State institutions or public authorities from conducting their business, violating the personal freedom of citizens or any other public rights and freedoms granted by the Constitution or the law, or harming the national unity or social peace.

The same penalty shall be imposed on whoever cooperates with any of the associations, corporations, organizations or formations stated in the first paragraph of this Article or participates therein in any manner or provides them with financial or material support knowing their purposes.”

As a result it would appear to prohibit the formation and running of a humanist organization that questions the tenets of Islam and/or advocates secularism.

Article 193 criminalizes establishing, managing or organizing a religious worship venue without a license. Penalties include imprisonment and a fine.

Article 196 of the Penal Code imposes “A penalty of imprisonment for a period not less than (10) ten years and a fine not exceeding (500,000) five hundred thousand AED […] on anyone who exploits religion to propagate verbally, by writing or any other means such ideas that may incite commotion or harm the national unity or social peace.”

Education and children’s rights

Islamic studies are mandatory in all public schools and for Muslim students in private schools. The government does not permit instruction in any religion other than Islam in public schools; however, religious groups may conduct religious instruction for their members at their dedicated religious facilities. Private schools found to be teaching subjects that offend Islam, defame any religion, or contravene the country’s morals and beliefs face potential penalties including closure.7”United Arab Emirates” in 2022 International Religious Freedom Report, Office on International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/united-arab-emirates/

Family, community and society

The government regulates activities and messaging of most Sunni mosques with the stated purpose of combating violent extremism and requires all religious groups to adhere to general restrictions on freedom of assembly and association, including for religious purposes.

Sharia for everyone

The judicial system applies two types of law, depending on the case. Courts apply Sharia (Islamic law) for most family law matters, e.g., marriage, divorce, and inheritance, and on rare occasions for criminal matters. Courts apply civil law, based on the French and Egyptian legal systems, for all other matters. Shia Muslims in Dubai may pursue Shia family law cases through a special Shia council rather than the regular judicial system. When Islamic law courts try non-Muslims for criminal offenses, crimes are generally not punishable by Islamic law penalties. In cases punishable by an Islamic law penalty, non-Muslims generally receive civil penalties at the discretion of the judge. Higher courts may overturn or modify Islamic law penalties imposed on non-Muslims.8refworld.org/docid/53d906f53.html

Under Islamic law, Muslim men may marry non-Muslim women who are “people of the book,” generally meaning those who are either Christian or Jewish. Muslim women are not permitted to marry non-Muslim men, however. Because Islam does not consider marriage between a non-Muslim man and a Muslim woman valid, both parties to such a union are subject to arrest, trial, and imprisonment on grounds such as fornication outside of marriage, which carries a minimum of one year in jail. The law grants custody of children of non-Muslim women who do not convert to Islam to the Muslim father in the event of a divorce. By law, a non-Muslim woman who fails to convert is also ineligible for naturalization as a citizen and cannot inherit her husband’s property unless named as a beneficiary in his will.

Personal status laws

A Federal Personal Status Law9”Personal Affairs law for UAE Citizens”, last updated 2 March 2023, https://u.ae/en/information-and-services/social-affairs/law-for-personal-affairs applies to all UAE nationals and foreign nationals except for non-Muslims, who can have their own religious laws apply to them. Between 2019 and 2020, the UAE authorities have made some small amendments that improve certain aspects of the rights of women. For example, women are no longer obliged under Article 56 to “obey” their husbands, however, they are still obliged to maintain the home.10”United Arab Emirates” chapter in World Report 2024, Human Rights Watch, https://www.hrw.org/world-report/2024/country-chapters/united-arab-emirates

Witchcraft

Under Article 366,

“1. A penalty of incarceration and a fine not less than (50,000) fifty thousand AED shall be imposed on whoever commits an act of magic and jugglery, whether it is true or by trickery, paid or free of charge. Such acts include:
A. Committing acts, uttering words or using methods or means that are not logically accepted to affect a person’s body, heart, mind or will, whether directly or indirectly, truly or illusionary.
B. Misleading people’s vision or controlling their senses or hearts, by any means, to make them see the thing contrary to its reality for the purpose of exploiting them or affecting their beliefs or minds.
2. The court shall order the deportation of the foreigner convict.
In all cases, the court shall order the confiscation of the things seized.”

Further, under Article 367,

“A penalty of incarceration and/or a fine shall be imposed on whoever:
1. Seeks the help of another person in the acts of trickery, magic or jugglery stated in the preceding Article with the intention of affecting a third party’s body, heart, mind or will.
2. Brings or imports to the State or acquires or possesses or disposes by any means of disposition of books, spells, materials or tools designated for the acts of trickery, magic or jugglery stated in the preceding Article.
3. Promotes, by any means whatsoever, any of the acts of trickery, magic or jugglery stated in the preceding Article.”

Media reports would suggest that these laws are enforced with regular arrests.11Tala Michel Issa, “Two arrested in UAE for practicing ‘witchcraft’ for money”, Al Arabiya English, 2 May 2022, https://english.alarabiya.net/News/world/2022/05/04/Two-arrested-in-UAE-for-practicing-witchcraft-for-money; “UAE: 7 jailed, fined Dh50,000 for practising sorcery”, Khaleej Times, 26 July 2023, https://www.khaleejtimes.com/uae/crime/uae-7-jailed-fined-dh50000-for-practising-sorcery;
Ali Al Shouk, “Man caught attempting to smuggle ‘black magic’ items into Dubai”, The National, 25 July 2022, https://www.thenationalnews.com/uae/2022/07/25/man-caught-attempting-to-smuggle-black-magic-items-into-dubai/
In November 2022, it was reported that the authorities published an advisory through official social media channels reiterating the illegality of perceived “witchcraft”.12”UAE laws: Dh50,000 fine, jail term for those engaging in witchcraft and sorcery”, Khaleej Times, 17 October 2022, https://www.khaleejtimes.com/crime/uae-laws-dh50000-fine-jail-term-for-those-engaging-in-witchcraft-and-sorcery

Discrimination against women and minorities

Amendments to the Penal Code reintroduce the criminalization of consensual extramarital sex, carrying a penalty of no less than six months in prison for both parties. However, The law disproportionately affects women as pregnancy can serve as evidence of the so-called crime and it only allows male relatives to complain about and forgive sex outside marriage. Sodomy with an adult male is also criminalized under the law. In both cases, the offenses can only be prosecuted on the basis of a complaint by a husband or male guardian.

According to Human Rights Watch,13”UAE: Sweeping Legal ‘Reforms’ Deepen Repression”, Human Rights Watch, 5 June 2022, https://www.hrw.org/news/2022/06/05/uae-sweeping-legal-reforms-deepen-repression

“It continues to criminalize vague and overbroad acts that can be considered “scandalous,” that “offend modesty and public morals,” that “incite to a life of sin, or that “tempt another openly to sinfulness by any means.” This would allow the authorities to arrest people for a wide range of behaviors, including public displays of affection, gender nonconforming expressions, and campaigns promoting the rights of lesbian, gay, bisexual and transgender (LGBT) people.”

In November 2021, Abu Dhabi passed Law No. 14/2021 On Personal Status for Non-Muslim Foreigners in the Emirate of Abu Dhabi14Law No. 14/2021 On Personal Status for Non-Muslim Foreigners in the Emirate of Abu Dhabi, https://www.adjd.gov.ae/AR/Documents/non-muslims/Abu%20Dhabi%20Law%20No.%20142021%20On%20Personal%20Status%20for%20Non-Muslim%20Foreigners%20in%20the%20Emirate%20of%20Abu%20Dhabi.pdf The law provides for civil marriage with improved protections for women and mostly equal rights between spouses relating to marriage, divorce, and decisions relating to children. However, it only applies to non-Muslim foreign national couples residing in Abu Dhabi; as such, it has created a different set of rights, discriminating against women based on their religion, nationality, and where they reside.15”United Arab Emirates” chapter in World Report 2024, Human Rights Watch, https://www.hrw.org/world-report/2024/country-chapters/united-arab-emirates

Women students attending some state universities face restrictions, including needing parental or male guardian permission for off-campus activities such as joining field trips or leaving campus accommodations.16”United Arab Emirates” chapter in World Report 2024, Human Rights Watch, https://www.hrw.org/world-report/2024/country-chapters/united-arab-emirates

Illegality of operating a humanist organisation

Under Article 368 of the revised Penal Code,

“Anyone who founds, establishes, organizes or administers an association, entity, organization or any subsidiary thereof, aiming to challenge or raise doubts in the basic principles and instructions of the Islamic Religion, any of its necessarily well-known mandates and precepts, or to preach any religion other than Islam, or to propagate any doctrine or idea which includes, recommends or promotes any of the foregoing, shall be punished by temporary imprisonment for a period not less than (5) five years and not exceeding (10) ten years.”

Further, Article 369 criminalizes those who “while being fully aware of its objectives, joins, participates in or provide assistance of any kind to an association or any of the other entities stated in the preceding Article, Shall be punished by temporary imprisonment for a period not exceeding (7) seven years.”

Under Article 371,

“It is prohibited to any group, entity or organization to hold any conference or meeting, in any place in the State, if they aim from such meeting, directly or indirectly, to challenge or raise doubts in the basic principles and instructions of the Islamic Religion or any of its necessarily well-known mandates and precepts, or to preach any religion other than Islam.
The Public Authority may to terminate such conference or meeting with the use of force, if necessary.
Anyone who participates in the preparation of such conference or meeting, or who takes part therein, shall be punished with temporary imprisonment for a period not less than (5) five years and not exceeding (10) ten years.”

The Penal Code renders it illegal to acquire any materials or recordings that challenge the basic principles of Islam, and those who receive funds whether from inside or outside the country in order to promote acts prohibited in Articles 370 and 371.

Further, under Article 13 of Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism17Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism, UAE legislation, https://uaelegislation.gov.ae/en/legislations/2131:

“Whoever establishes, institutes, organises, or manages an association, centre, body, organisation, organisation, group, shall be punished by imprisonment for a period no less than (10) ten years or violation of one of them, or uses any means to do so, for blasphemy, discrimination, or provoking, encouraging or promoting hate speech.”

Freedom of expression, advocacy of humanist values

In its 2024 World Report, Human Rights Watch stated:18”United Arab Emirates” chapter in World Report 2024, Human Rights Watch, https://www.hrw.org/world-report/2024/country-chapters/united-arab-emirates

“The United Arab Emirates (UAE) invests in a strategy to paint the country as progressive, tolerant, and rights-respecting while carrying out its zero-tolerance policy toward dissent. […] Scores of activists, academics, and lawyers are serving lengthy sentences in UAE prisons following unfair trials on vague and broad charges that violate their rights to free expression and association. […] The UAE deploys some of the world’s most advanced surveillance technologies to pervasively monitor public spaces, internet activity, and even individuals’ phones and computers, in violation of their right to privacy, freedom of expression, freedom of association, and other rights.”

‘Blasphemy’

Section five of the revised Penal Code pertains specifically to “Crimes Against Religions Creeds And Rites”. Article 362 imposes a prison sentence and or a fine for those who commit the following “crimes”:

1. Offending any of the Islamic sacred beliefs or rites.
2. Insulting any of the recognized divine religions.
3. Approving, instigating or promoting sin or doing any act that would tempt people to commit sin.
If any of such crimes is committed in public, the penalty shall be incarceration for a period not less than one year and/or a fine not less than (100,000) one hundred thousand AED.

Under Article 365, “A penalty of incarceration and/or a fine shall be imposed on anyone who offends any of the sacred beliefs or rites dictated in other religions, whenever they are protected under the provisions of Islamic Sharia.”

Under Article 370,

“Anyone who challenges or raises doubts in the basic principles and instructions of the Islamic Religion, or any of its necessarily well-known mandates and precepts, or who offends it or who preaches another religion or propagates any doctrine or idea which includes, recommends or promotes any of the foregoing shall be punished by temporary imprisonment for a period not exceeding (5) five years.”

Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism19Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism, UAE legislation, https://uaelegislation.gov.ae/en/legislations/2131 provides for prison sentences of not less than one year for those who commit ‘blasphemy’, defined as follows (Article 4):

“Anyone who commits any of the following acts shall be deemed to have committed the crime of blasphemy:
2. Slander, challenge, or insult the Divine Essence.
3. Insult, defame, slander, mock or curse any of the religions or any of their rituals or sanctities, or disrupting the holding of licensed religious rituals or celebrations or disrupting them with violence or threats.
4. Infringe on any of the divine books by distort, destroy, desecrate, or insult in any way.
5. Insult, mock, defame, or curse one of the prophets, messengers, their wives, family, or companions.
6. Destroy, damage, abuse houses of worship, cemeteries, graves or their annexes or any of their contents.”

Further, Article 11 states:

“Whoever produces, manufactures, promotes, sells, or offers for sale or trading of products, goods, publications, recordings, films, tapes, CDs, computer programme s, smart applications, data in the electronic field, or any industrial materials or other things that include a method of expression, and that are likely to express blasphemy, discriminate, or incite hate speech, shall be punished by imprisonment for a period of not less than (2) two years and a fine of not less than (AED 500,000) five hundred thousand UAE Dirhams and not exceeding (AED 2,000,000) two million UAE Dirhams, or by one of these two penalties.”

Under Article 12:

“Anyone who obtains or possesses documents, publications, recordings, films, tapes, or CDs or computer programmes, smart applications, data in the electronic field, any industrial materials, or any other things that include a method of expression if they are prepared for distribution or information to others, with the intention of contempt of religions, discrimination, or inciting hate speech shall be punished by imprisonment for a period of not less than one year and a fine of not less than (AED 50,000) fifty thousand UAE Dirhams and not exceeding (AED 200,000) two hundred thousand UAE Dirhams, or one of these two penalties.”

Prosecutions for ‘blasphemy’ are fairly common. In 2020, three Sri Lankan workers were fined 500,000 Dirham (136,121 USD) and were deported after being found guilty of offending religion in social media posts. In 2019, a man was fined the same amount for insulting God in a workplace.20https://www.gulftoday.ae/news/2019/09/16/man-fined-dhs500000-for-blasphemy

In amending the Penal Code to remove reference to the imposition of Sharia penalties for Hudud crimes, ‘apostasy’ appears to have been decriminalized.

Testimonies

“The believers around me never allowed themselves to think about their God’s negative points and  deficiencies… they quietly believe they are going to Paradise and the rest are infidels. This is widespread, among every group. The society where all blindly say we are believers of the only God, whom they fear, and make efforts to bless the younger generations by entrapping them in the same belief, is idiotic to me.

“Now I have released myself from the bonds of this belief, it seems to me like I was an object not human, the reason why I became an unbeliever was that if I knew there is a God, he doesn’t need what the clergymen are recommending us to do for him, the holy books and prophets coming one by one with new rules all supposedly from the same God yet with a distinctly human slant on them! We see most rules in a religious society do not have any relation to God.

“Yet I can’t express my view freely because it contradicts their faith and they will not permit damage to their beliefs, or to tell them that in my view their thoughts are false. I tried to express my free thought and I was abused, I was treated as inhuman, and some others said I was neurotic and stricken with mental disorder…

“The first time, I was with some other guys, we were talking about a religious matter, upon saying the name of Mohammad I was cursed, because I had said only “Mohammad”, they were saying to say “Mohammad” you must include “Peace Be Upon him”, and moreover you must send salute while saying his name, and for a long time they did not talk to me.

“Another time I was watching a clip of satire, in this clip a person was complaining from God about some unpleasant thing in this world, upon reaching this point all who were hearing the voice rushed to me and broke the laptop and even told me not to be seen here again. Most who knew me were disconnecting the relationship with me, calling me an Atheist, saying that Jew is better than you, you are not human, you will be in hell forever…

“After that I feel this world is only for religious people and every time I was humiliated because I was not accepting what you are telling, that was my sin. The issue is, if I keep soundless it really hurts me, and there remains all this wrong in world. It is everyone’s right to live a life free of any pious, ethnic and color prejudice. I want to see the world with love, passion, fraternity and affection only, and instead of fighting assist each other to have a future without any abomination and condemnation.”
— Anonymous

References

References
1 ”United Arab Emirates” in 2022 International Religious Freedom Report, Office on International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/united-arab-emirates/
2 ”Yemen Crisis”, UNICEF, last updated 16 February 2024, https://www.unicef.org/emergencies/yemen-crisis
3 ”Yemen” in World Report 2019, Human Rights Watch, https://www.hrw.org/world-report/2019/country-chapters/yemen#c43786
4 ”Constitution of the United Arab Emirates”, WiPO, https://www.wipo.int/edocs/lexdocs/laws/en/ae/ae030en.pdf
5 Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law, UAE Legislation, https://uaelegislation.gov.ae/en/legislations/1529
6 ”UAE: Sweeping Legal ‘Reforms’ Deepen Repression”, Human Rights Watch, 5 June 2022, https://www.hrw.org/news/2022/06/05/uae-sweeping-legal-reforms-deepen-repression; “New UAE penal code: increased restrictions on fundamental freedoms”, MENA Rights, 18 May 2022, https://menarights.org/en/articles/new-uae-penal-code-increased-restrictions-fundamental-freedoms
7 ”United Arab Emirates” in 2022 International Religious Freedom Report, Office on International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/united-arab-emirates/
8 refworld.org/docid/53d906f53.html
9 ”Personal Affairs law for UAE Citizens”, last updated 2 March 2023, https://u.ae/en/information-and-services/social-affairs/law-for-personal-affairs
10, 15, 16, 18 ”United Arab Emirates” chapter in World Report 2024, Human Rights Watch, https://www.hrw.org/world-report/2024/country-chapters/united-arab-emirates
11 Tala Michel Issa, “Two arrested in UAE for practicing ‘witchcraft’ for money”, Al Arabiya English, 2 May 2022, https://english.alarabiya.net/News/world/2022/05/04/Two-arrested-in-UAE-for-practicing-witchcraft-for-money; “UAE: 7 jailed, fined Dh50,000 for practising sorcery”, Khaleej Times, 26 July 2023, https://www.khaleejtimes.com/uae/crime/uae-7-jailed-fined-dh50000-for-practising-sorcery;
Ali Al Shouk, “Man caught attempting to smuggle ‘black magic’ items into Dubai”, The National, 25 July 2022, https://www.thenationalnews.com/uae/2022/07/25/man-caught-attempting-to-smuggle-black-magic-items-into-dubai/
12 ”UAE laws: Dh50,000 fine, jail term for those engaging in witchcraft and sorcery”, Khaleej Times, 17 October 2022, https://www.khaleejtimes.com/crime/uae-laws-dh50000-fine-jail-term-for-those-engaging-in-witchcraft-and-sorcery
13 ”UAE: Sweeping Legal ‘Reforms’ Deepen Repression”, Human Rights Watch, 5 June 2022, https://www.hrw.org/news/2022/06/05/uae-sweeping-legal-reforms-deepen-repression
14 Law No. 14/2021 On Personal Status for Non-Muslim Foreigners in the Emirate of Abu Dhabi, https://www.adjd.gov.ae/AR/Documents/non-muslims/Abu%20Dhabi%20Law%20No.%20142021%20On%20Personal%20Status%20for%20Non-Muslim%20Foreigners%20in%20the%20Emirate%20of%20Abu%20Dhabi.pdf
17, 19 Federal Law by Decree No (34) of 2023 Concerning Combating Discrimination, Hatred and Extremism, UAE legislation, https://uaelegislation.gov.ae/en/legislations/2131
20 https://www.gulftoday.ae/news/2019/09/16/man-fined-dhs500000-for-blasphemy

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