An anti-abuse campaign poster from the Dubai Foundation for Women And Children.
An anti-abuse campaign poster from the Dubai Foundation for Women And Children.
An anti-abuse campaign poster from the Dubai Foundation for Women And Children.
An anti-abuse campaign poster from the Dubai Foundation for Women And Children.

UAE brings in new jail terms and restraining orders to tackle domestic violence


Salam Al Amir
  • English
  • Arabic

New jail terms and restraining orders have been introduced to tackle domestic violence and protect families from intimidation and threats.

Judges and prosecutors will have the power to prevent abusive spouses from going near their partners or children, or bombarding them with calls and messages.

Until now, a husband or wife could be convicted of harassing or assaulting his or her partner – but would not be prevented from approaching them on release from jail or payment of a fine.

"How can we protect the victim without such an order?" Afra Al Basti, director general of Dubai Foundation for Women and Children, a shelter for victims of domestic abuse and human trafficking, told The National.

How can we protect the victim without such an order?

“It will help prevent violence from escalating. Violence as a behaviour can develop from abusive words to abusive acts of physical assault and even murder.

“This order will also provide an opportunity for all to step back and reconcile.”

The measure is part of a series of legal changes passed by the Cabinet and part of the Family Protection Policy announced by Sheikh Mohammed bin Rashid, Prime Minister and Ruler of Dubai, last month.

The changes are seen as a long-awaited update of domestic violence laws, which are controversial, complex and have foundations in Sharia.

In 2010, the UAE Federal Supreme Court ruled that a man had the right to discipline his wife and children provided he did not leave physical marks. The ruling led to criticism by human rights groups and local politicians.

Specific punishments have also been implemented for domestic violence, including a maximum six-month jail term and Dh5,000 fine. The punishment for a second offence is twice that.

Until now, an abuser would have been prosecuted for assault or making offensive comments, for example.

The UAE does not regularly publish crime statistics, including for domestic violence, making it difficult to assess the scale of the issue. But this year, the foundation said it dealt with 1,027 cases in 2018. That included 526 reported cases of domestic violence and 52 instances of reported child abuse.

Afra Al Basti speaks about child abuse at the Federal National Council in 2015. Mona Al Marzooqi / The National
Afra Al Basti speaks about child abuse at the Federal National Council in 2015. Mona Al Marzooqi / The National

The law now recognises the ‘physical, emotional and sexual’ abuse of a relative in a domestic context, along with ‘economic abuse’.

Dubai Foundation for Women and Children said ‘financial abuse’ was cited in 58 per cent of cases.

The charges are not restricted to male relatives, though they are commonly the perpetrators.

"The law does not only provide protection to couples and their children, but also to any of the partner's children from previous marriages, the couple's parents, fourth-degree relatives and fostered members of the family," said Hassan Elhais, a legal consultant from Al Rowaad Advocates and legal columnist for The National.

“It’s important to clarify that this law added one more layer of child protection, as it has been already provided as part of the country’s child protection law,” he said.

Restraining orders are used in Europe and North America, among other places.

“I’ve seen cases of women who were pestered by their ex-husbands,” Dr Elhais said.

“They either called them repeatedly or called them at late hours, or showed up for kids’ visitation outside court-decided schedules,” he said.

“In one case, a man stalked his former wife by sitting at a cafe in the building where she lived, monitoring all her movements.”

The domestic violence laws can be used to tackle bad behaviour that could be overlooked or dealt with as a minor misdemeanour.

“Filing a criminal case against an ex-partner for disturbing them via phone calls could lead to a fine, but with the stiffened punishment for violating a restraining order, this means the order will act as a stronger deterrent,” he said.

Breaching the restraining order carries a three-month jail sentence and/or a fine of between Dh1,000 and Dh10,000. The penalty can be doubled if violence is involved.

A prosecutor can, at the victim’s behest on on their own accord, issue a 30-day order that can be extended twice. A third extension must be obtained from court and would last for six months. Either party, victim or offender, can petition against the restraining order within seven days of its issuance date.

Speaking last week, Hessa Buhumaid, Minister of Community Development, said a series of measures will be put in place to protect families.

“We in the UAE do not tolerate any kind of violence towards children, elderly people or women," she said.

Dubai’s courts have dealt with a series of domestic violence cases in which perpetrators were prosecuted under existing assault and violence laws.

Most recently, an Emirati soldier was handed a suspended prison sentence in July for setting fire to his ex-wife's Mirdif apartment and threatening her with a knife following an argument.

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What the law says

Micro-retirement is not a recognised concept or employment status under Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations (as amended) (UAE Labour Law). As such, it reflects a voluntary work-life balance practice, rather than a recognised legal employment category, according to Dilini Loku, senior associate for law firm Gateley Middle East.

“Some companies may offer formal sabbatical policies or career break programmes; however, beyond such arrangements, there is no automatic right or statutory entitlement to extended breaks,” she explains.

“Any leave taken beyond statutory entitlements, such as annual leave, is typically regarded as unpaid leave in accordance with Article 33 of the UAE Labour Law. While employees may legally take unpaid leave, such requests are subject to the employer’s discretion and require approval.”

If an employee resigns to pursue micro-retirement, the employment contract is terminated, and the employer is under no legal obligation to rehire the employee in the future unless specific contractual agreements are in place (such as return-to-work arrangements), which are generally uncommon, Ms Loku adds.

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The National's picks

4.35pm: Tilal Al Khalediah
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German intelligence warnings
  • 2002: "Hezbollah supporters feared becoming a target of security services because of the effects of [9/11] ... discussions on Hezbollah policy moved from mosques into smaller circles in private homes." Supporters in Germany: 800
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Source: Federal Office for the Protection of the Constitution

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Light Flyweight (49kg): Mirzakhmedov Nodirjon (UZB) beat Daniyal Sabit (KAZ) by points 5-0.

Flyweight (52kg): Zoirov Shakhobidin (UZB) beat Amit Panghol (IND) 3-2.

Bantamweight (56kg): Kharkhuu Enkh-Amar (MGL) beat Mirazizbek Mirzahalilov (UZB) 3-2.

Lightweight (60kg): Erdenebat Tsendbaatar (MGL) beat Daniyal Shahbakhsh (IRI) 5-0.

Light Welterweight (64kg): Baatarsukh Chinzorig (MGL) beat Shiva Thapa (IND) 3-2.

Welterweight (69kg): Bobo-Usmon Baturov (UZB) beat Ablaikhan Zhussupov (KAZ) RSC round-1.

Middleweight (75kg): Jafarov Saidjamshid (UZB) beat Abilkhan Amankul (KAZ) 4-1.

Light Heavyweight (81kg): Ruzmetov Dilshodbek (UZB) beat Meysam Gheshlaghi (IRI) 3-2.

Heavyweight (91kg): Sanjeet (IND) beat Vassiliy Levit (KAZ) 4-1.

Super Heavyweight ( 91kg): Jalolov Bakhodir (UZB) beat Kamshibek Kunkabayev (KAZ) 5-0.

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hall of shame

SUNDERLAND 2002-03

No one has ended a Premier League season quite like Sunderland. They lost each of their final 15 games, taking no points after January. They ended up with 19 in total, sacking managers Peter Reid and Howard Wilkinson and losing 3-1 to Charlton when they scored three own goals in eight minutes.

SUNDERLAND 2005-06

Until Derby came along, Sunderland’s total of 15 points was the Premier League’s record low. They made it until May and their final home game before winning at the Stadium of Light while they lost a joint record 29 of their 38 league games.

HUDDERSFIELD 2018-19

Joined Derby as the only team to be relegated in March. No striker scored until January, while only two players got more assists than goalkeeper Jonas Lossl. The mid-season appointment Jan Siewert was to end his time as Huddersfield manager with a 5.3 per cent win rate.

ASTON VILLA 2015-16

Perhaps the most inexplicably bad season, considering they signed Idrissa Gueye and Adama Traore and still only got 17 points. Villa won their first league game, but none of the next 19. They ended an abominable campaign by taking one point from the last 39 available.

FULHAM 2018-19

Terrible in different ways. Fulham’s total of 26 points is not among the lowest ever but they contrived to get relegated after spending over £100 million (Dh457m) in the transfer market. Much of it went on defenders but they only kept two clean sheets in their first 33 games.

LA LIGA: Sporting Gijon, 13 points in 1997-98.

BUNDESLIGA: Tasmania Berlin, 10 points in 1965-66

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“One mistake people always make is adding extra wasabi. There is no need for this, because it should already be there between the rice and the fish.
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