Understanding Dubai's Legal System: Insights From A Legal Consultant

By Author: Dr. Hassan Elhais
Total Articles: 64
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Dubai is a bustling metropolis that has emerged as a major player in the global economy. The city has attracted businesses and investors from around the world with its strategic location, business-friendly environment, and tax-free status. However, navigating the legal system in Dubai can be challenging for foreign businesses and investors. In this blog post, we will provide insights into the legal system in Dubai from the perspective of a legal consultant.

The legal system in Dubai is based on a combination of Islamic law (Sharia) and civil law. The Dubai legal system is divided into two main branches: the civil courts and the Sharia courts. The civil courts handle cases related to commercial law, criminal law, and civil law, while the Sharia courts handle family law cases such as marriage, divorce, and inheritance.

In the civil courts, the legal system is based on the principles of the Federal Law No. 5 of 1985 (the Civil Transactions Law). This law governs all aspects of civil transactions, including contract law, property law, and commercial law. The civil courts in Dubai also have jurisdiction over criminal ...
... cases, and the criminal law is based on the Federal Law No. 3 of 1987 (the Penal Code).

The Sharia courts, on the other hand, are based on Islamic law and handle family law cases such as marriage, divorce, and inheritance. The Sharia courts also have jurisdiction over cases related to personal status, such as those involving children, and disputes related to Islamic banking and finance.

When it comes to hiring legal representation, businesses and investors in Dubai have the option of hiring a legal consultant or an advocate. Legal consultants in Dubai are experts in their field and provide advice and guidance on legal matters. They can also assist clients in drafting legal documents and represent them in court. Legal consultants are not authorized to appear in court, however they can provide assistance in drafting legal documents, negotiation and representation in meetings with other parties.

Advocates, on the other hand, are licensed to appear in court and represent clients in legal proceedings. They are also known as legal advisors in UAE. Advocates in Dubai are members of the Dubai Advocates Association and are subject to the regulations of the association. They must have a law degree from a recognized university and pass a rigorous examination before being admitted to the association.

When it comes to hiring a legal representative, it's important to consider the specific needs of your case. For example, if you are involved in a criminal case, it may be in your best interest to hire an advocate who is licensed to appear in court. However, if you are seeking advice on a commercial law matter, a legal consultant may be a more appropriate choice.

In conclusion, the legal system in Dubai can be complex and challenging for foreign businesses and investors to navigate. It is important to understand the different branches of the legal system and the role of legal consultants and in Dubai. By working with a legal consultant or advocate who is familiar with the legal system in Dubai, businesses and investors can ensure that their legal matters are handled efficiently and effectively.

It's also important to note that hiring a legal consultant or an advocate in Dubai can help you avoid any legal disputes and can help you understand the legal process, so you can make informed decisions. Advocates and legal consultant in Dubai are well-versed in UAE laws and regulations and can provide valuable guidance and support to businesses and investors looking to operate or invest in the city.

After qualifying as a lawyer within the fields of Criminal and Public Law, Dr. Hassan Mohsen Elhais has been practicing as a Legal Consultant in Dubai since 2006. Working exclusively with Awatif Mohammad Shoqi Advocates & Legal Consultancy, Dr. Hassan has a strong ethical stance with regards to the place of the law firm, from clarity on the legal process through to the fee system.