UAE LAW

Whilst Sanad is an International Group, it is first a "local" UAE Law Firm and practises UAE Law.

UAE is a civil (codified) system of law, and unlike common law jurisdictions, there is no body of evolving case law and binding precedent.  Nevertheless, decisions in the UAE's highest court, the Court of Cassation are persuasive.

Underpinning the UAE Legal System is Sharia Law, based on the teachings of the Q'ran. 

Fundamental principles of Sharia Law include prohibitions on usury and an adherence to mutuality of obligations in commercial dealings.

 

SOURCES OF UAE LAW

The principle sources of UAE Law are the Constitution and the following oft recited and relied on Codes:

Civil Code (also known as Civil Transactions Code)

Commercial Code

Criminal Code

Employment Code

Cyber Law Code

Intellectual Law Code

Civil Procedure Code

Evidence Code

 

FEDERAL LAWS - DUBAI AND ABU DHABI

Dubai and Abu Dhabi have their own Legal Systems, whereas the other five Emirates, Sharjah, Ras Al Khaima, Ajman, Fujaira, and Umm al Quwain apply UAE Federal Law.

                                                                                           

AN A-Z OF UAE LEGAL WORDS AND BASIC ISLAMIC CONCEPTS

'Aqd:  A contract with six specific elements - offerer, offeree, offer, acceptance, subject matter and consideration.

A Sahih:  A valid contract.

Amana:  A trust deposit.

Ariyah:  A free of charge loan agreement.

Batil:  An Invalid or void contract.

Bay' al dayn:  The sale of debt to a third party - controversial in Sharia Law.

Bay' al-muajil:  A deferred payment sale through a bank which profits from the sale to the buyer who makes installment payments.

Bay bithaman ajil:  A deferred payment sale which includes a profit for the seller.

Fasid:  A voidable contract.

Fiqh-ul-muamalat:  Islamic business law.

Gharar:  Uncertainty or to cheat or delude - speculation.

Hadith:  The Prophet Muhammad's (peace be upon him) documented speec, actions and commands.

Hajj:  Pilgrimage to Mecca.

Hiba:  A gift.

Hijr:  Islamic Calendar.

Hiwala:  A bilateral contract to transfer debt from a debtor to a second debtor.

Ijab:  An offer.

Ijara:  A lease or rental contract over a period of time.

Ijma:  Consensus of jurists regarding an issue of Sharia Law.

Ijtihad:  The interpretation of Islamic Sharia Law.

Istihsan:  Juristic preference, a source of Islamic Law.

Istisab:  The legal presumption of continuity.

Istisna:  A Sharia compliant forward contract for the financing of a project under construction. 

Hiwala:  A transfer contract or remittance.

Kafala:  A guaranteed contract.

Maqasid al-sharia:  Objectives of Islamic Law.

Mawqoof:  A suspended contract.

Maysir:  The accumulation of wealth by chance - gambling.

Mudaraba:  A shared profit economic activity agreement between a financier/investor and an entrepreneur or fund manager where the financier bears the risk.

Mudaraba muqayyadah:  A restricted mudaraba, where the investor specifies the business or project where the investment funds are to be used.

Mudarib:  A fund manager who brings expertise to a mudaraba contract.

Muqawala:  A contract to make a thing or perform a tsk - typically  construction project.

Murabaha:  A cost-plus contract.

Musharaka:  A shared profit and risk contract between joint venturers.

Muwaada:  A bilateral promise.

Nafiz:  An enforceable contract.

Qabul:  Acceptance.

Qard hasan:  Interest-free loans given by Islamic financial institutions to people who need them.

Qimar:  In modern gambling, any game of chance.Sharia - Islamic Law derived from the Q'ran

Qiyas:  An analogical approach by Islamic scolars to determine Sharia compliance on emerging issues.

Q'ran:  The Islamic Holy Book, containing Allah's revelations to the Prophet Muhammad (peace be upon him).Riba:  Interest - to increase, grow or multiply into more than what is due.

Rab al mal:  An investor in mudaraba contracts.

Rahn:  A collateral or pledge contract.

Retakaful:  Reinsurance.

Riba al-fadl:  Excess arising during an exchange og commodities in unequal quantities or qualities.

Riba al-nasiah:  money loending term with a fixed sum as a reward for the money lent.

Sakk (plural Sukuk):  Cerificate or written document.

Salah:  Daily prayers.

Salam:  A Sharia compliant forward contract the sale of goods.

Sawm: Fasting - practised during the holy month of Ramadan.

Shahadah:  The basic statement of faith in Islam - "There is no god except Allah, and Muhammad (peace be upon him) is the messenger of Allah".

Shaih:  A valid contract.

Sharia or Shariah:  The Path or Way - used to refer to Islamic Law.

Sukuk:  Th eIslamic alternative to bonds, used to transfer money between an investor and a governemnt or company to fund projects or asset acquisition.

Sunnah:  Habit or usual practice - the Prophet Muhammad's (peace be upon him) every teaching, including his lifestyle and mannerisms.

Takaful:  Islamic form of insurance.

Tawarruq or tawruq:  A controversail reversable murabaha contract where a buyer buys through deferred payments but where the buyer immediately sells the item to make the payments.

Urf:  To know.  A source of Islamic Law.

Usufruct:  The right to profit from property owned by a third party.

W'ad:  A unilateral promise.

Wadia:  A safeguarding contract.

Wakala:  A contract in which one party acts as an agent for another.

Wakil:  An agent in a wakala contract.

Waqf:  An endowment.

Zakat:  Islamic property tax on the wealthy for distribution to people in need.