United Arab Emirates
Section II. Status of Government Respect for Religious Freedom
The constitution designates Islam as the official religion. It guarantees freedom of religious worship “in accordance with established customs,” provided this “does not conflict with public policy or violate public morals.” The constitution states all citizens are equal before the law, and prohibits discrimination on grounds of religious belief.
The law prohibits black magic, sorcery, and incantations, which are punishable by a prison term ranging from six months to three years, and deportation for noncitizens.
The law does not directly prohibit Muslims from converting to other religions; however, the penal code defers to sharia on matters defined as crimes in Islamic doctrine, which in many interpretations prohibits apostasy.
The law provides for imprisonment of up to five years for preaching against Islam or proselytizing to Muslims. The law also prohibits “abusing” a holy shrine or ritual of any religion, insulting any religion, inciting someone to commit sin or contravene national values, labeling someone an infidel or unbeliever, and forming groups or holding meetings with the purpose of provoking religious hatred. Offenders are subject to fines up to two million dirhams ($545,000) and imprisonment generally ranging from five to 10 or more years.
The law prohibits blasphemy, defined as any act insulting God, religions, prophets, messengers, holy books, or houses of worship. Offenders are subject to imprisonment for five or more years and fines from 250,000 dirhams ($68,100) to two million dirhams ($545,000); noncitizens may be deported.
The law does not require religious organizations to register; however, the formation of a legal entity, which requires some form of registration, is necessary for operational functions such as opening a bank account or renting space. Each emirate oversees registration of non-Muslim religious organizations and the process differs by emirate, organization, and circumstance. Currently, there is no consistent legal framework across the seven emirates for registering non-Muslim religious organizations and, as a result, different religious organizations register under different ministries. In Dubai, religious organizations are required to obtain a license from the Community Development Authority (CDA). The government has also granted some religious organizations land in free trade zones, where they legally registered by applying for a trade license, which allows them some operational functions.
The law requires Muslims and non-Muslims to refrain from eating, drinking, and smoking in public during fasting hours during the month of Ramadan.
The law prohibits churches from erecting bell towers or displaying crosses or other religious symbols on the outside of their premises, although they may place signs on their properties indicating they are churches.
Islamic studies are mandatory for all students in public schools and for Muslim students in private schools. The government does not provide instruction in any religion other than Islam in public schools. In private schools, non-Muslim students are not required to attend Islamic study classes. All students, however, are required to take national social studies classes, which include some teaching on Islam. The government permits Christian-affiliated schools to provide instruction tailored to the religious background of the student, for example, Islamic studies for Muslim students, Christian instruction for Christian students, and ethics or comparative religions for others.
Private schools deemed to be teaching material offensive to Islam, defamatory of any religion, or contravening the country’s ethics and beliefs face potential penalties, including closure. All private schools, regardless of religious affiliation, must register with the government. Private schools are required to have a license from the federal Ministry of Education and their curriculum must be consistent with a plan of operation submitted to and approved by the ministry. Administrative oversight of the schools is a responsibility of each emirate’s government.
The law prohibits the distribution of religious literature the government determines is contradictory to Islam, as well as literature it deems blasphemous or offensive towards religions.
Land ownership by non-citizens is restricted to designated freehold areas. Outside of special economic zones and designated freehold areas, the law restricts the majority company ownership to citizens. This restriction is an impediment to most minority religious communities (which consist of noncitizens) from purchasing property to build houses of worship.
The law prohibits multiple forms of discrimination, including religious discrimination, and criminalizes acts the government interprets as provoking religious hatred or insulting religion through any form of expression. It also criminalizes the broadcasting, publication, and transmission of such material by any means, including audio/visual or print media, or via the internet, and prohibits conferences or meetings the government deems promote discrimination, discord, or hatred.
According to the constitution, sharia is the principal source of legislation, although the judicial system applies two types of law, depending on the case. Sharia forms the basis for judicial decisions in most family law matters for Muslims, such as marriage and divorce, and inheritance for both Muslims and non-Muslims; however, in the case of noncitizens, the parties may petition the court to have the laws of their home country apply, rather than sharia. Sharia also applies in some criminal matters. Civil law provides the basis for decisions on all other matters. Shia Muslims in Dubai may pursue Shia family law cases through a special Shia council rather than through the regular judicial system. When sharia courts try non-Muslims for criminal offenses, judges have the discretion to impose civil or sharia penalties. Higher courts may overturn or modify sharia penalties.
Under the law, Muslim men may marry non-Muslim women who are “people of the book” (Christian or Jewish). Muslim women may not marry non-Muslim men. Non-Muslim men and Muslim women who marry are subject to arrest, trial, and imprisonment on grounds of engaging in extramarital sex, which carries a minimum sentence of one year in jail, as the marriage is considered invalid; any extramarital sex between persons of any religion is subject to the same penalties.
In the event of a divorce between a Muslim father and non-Muslim mother, sharia law will usually apply. Strict interpretation of sharia – which oftentimes favors the father – does not apply to child custody cases. The father, deemed the guardian, provides for the child financially, while the mother, the custodian, provides day-to-day care of the child. Non-Muslim wives of citizens are ineligible for naturalization. There is no automatic spousal inheritance provision for wives under the law if the husband is Muslim and the wife is non-Muslim. Such wives may not inherit their husband’s property unless named as a beneficiary in their husband’s will.
Abu Dhabi’s judicial department permits Christian leaders to legally mediate divorces for Christians and agnostics if the bride and groom are both residents of the emirate. The government permits church officials to officiate at weddings for non-Muslims, but the couple must also obtain the marriage certificate from the Abu Dhabi Justice Department. In both cases of marriage and divorce, the church official must be registered with the Ministry of Justice as officially recognized to perform these acts.
Noncitizens may register wills in the emirate in which they live. In the absence of a will filed with the government, the assets of foreigners who die are subject to sharia. Non-Muslims are able to register their wills with the Abu Dhabi judicial system as a way to safeguard their assets and preserve their children’s inheritance rights. In Dubai, foreigners may file wills at the Dubai International Financial Center (DIFC) Court Wills and Probate Registry and include their own choice of law clause. The DIFC Wills Service Center allows non-Muslim business owners and shareholders to designate an heir. Dubai wills not filed in the DIFC Court are subject to sharia. The DIFC’s jurisdiction extends to the Emirate of Ras al Khaimah. There are courts for Personal Status and for Inheritance for non-Muslims in the Abu Dhabi Court of First Instance.
The law prohibits activities the government deems supportive of political or extremist interpretations of Islam. These include the use of the internet or any other electronic means to promote views the government believes insult religions, promote sectarianism, damage national unity or the reputation of the state, or harm public order and public morals. Punishments include imprisonment and fines from 500,000 dirhams ($136,000) to one million dirhams ($272,000). In August the government increased the penalties for electronic violations of the law, including raising the maximum fine to four million dirhams ($1.09 million). The law prohibits membership in groups the government designates as terrorist organizations, with penalties up to life imprisonment and capital punishment.
In May the president issued a federal law declaring that local authorities concerned with mosque affairs are responsible for naming mosques, providing and supervising the needs of mosques and prayer spaces, determining the timing of the second call to prayer, organizing religious lectures, and preparing sermons. The law also defined acts prohibited in mosques, prayer spaces, and Eid Musallas (open prayer spaces outside of mosques or prayer halls smaller than mosques) without a license, such as giving lectures or sermons, holding Quran memorization circles, fundraising, and distributing written and visual material. The law further stipulates that citizen applicants must be given first consideration for vacant positions at mosques. The law prohibits those working in mosques from belonging to any illegal group or from carrying out any political or organizational activities.
The law restricts charitable fundraising activities, including by religious organizations, by prohibiting the collection of donations or advertising fundraising campaigns without prior approval from authorities.
In May the president approved a federal law on charitable endowments, clarifying circumstances under which fundraising was permissible. The law classifies charitable endowments into three categories: where proceeds are designated for the founder’s offspring; where proceeds are designated for charitable endeavors supporting the underprivileged; and where the proceeds are designed for both offspring and the general public.
The Dubai CDA is the official body mandated to oversee all civil institutions and nonprofits in the emirate, including non-Muslim religious groups. The CDA issues operating licenses and permits for events, and monitors fundraising activities. The law also states that civil institutions may only collect donations or launch fundraising campaigns after obtaining the CDA’s written approval. Fines for noncompliance range from 500 dirhams ($140) to 100,000 dirhams ($27,200).
The country is not a party to the International Covenant on Civil and Political Rights.