Legislation Details
- Full Title: Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures
- Law Type: Federal Law
- Law Number: No. (113) of 2021
- Issued Date: 30 Dec 2021
- Effective Date: 01 Feb 2022
- Official Gazette: No. 720
- Sector: Healthcare
- Status: Active
- Number of Articles: 89
- Chapters/Parts: 6
- Amendments: 0
Summary
This Cabinet Resolution establishes the executive regulation for Federal Law No. (10) of 2021 Regulating Cemeteries and Burial Procedures in the United Arab Emirates. The law sets out detailed requirements and procedures for the establishment, management, and operation of cemeteries, as well as the transfer, washing, and burial of deceased individuals in the UAE. It aims to ensure the proper and respectful handling of the deceased, maintain the sanctity of cemeteries, and uphold public health and safety standards. The law is of practical importance for businesses, individuals, and government authorities involved in the funeral and burial services industry in the UAE. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures, 2021)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to provide the executive regulation for implementing the provisions of Federal Law No. (10) of 2021 Regulating Cemeteries and Burial Procedures. The purpose is to establish the terms, conditions, and procedures for the regulation of cemeteries, the transfer and washing of deceased individuals, and the burial of both Muslim and non-Muslim deceased in the UAE. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures, 2021, Art. 2)
What are the key definitions under this law?
The law provides the following key definitions:
- Sharia Authority: The Federal or local authority competent with Islamic affairs and Sharia Fatwa in the UAE, as the case may be. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures, 2021, Art. 1)
- Gravesides of the Cemetery: The outer strip surrounding the cemetery from all sides. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures, 2021, Art. 1)
- Headstone: The elevated built component that is fixed at the rims of the grave to determine the place of the head and the feet. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures, 2021, Art. 1)
What are the main obligations and requirements?
The law imposes the following key obligations and requirements: 1. Cemeteries must be established as allocated endowments with restricted ownership, away from built-up areas and industrial pollution, and with suitable land conditions. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures, 2021, Art. 4) 2. Cemeteries must be fenced with a minimum height of 2.5 meters and equipped with lighting and security cameras. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures, 2021, Art. 5) 3. Cemeteries must be planned with designated areas for different types of graves, green spaces, and supporting facilities. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures, 2021, Art. 6) 4. Graves must meet minimum size requirements based on the type (big, small, newborn/embryo). (Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures, 2021, Art. 7) 5. Headstones must be placed on graves according to specific dimensions and material requirements. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures, 2021, Art. 9)
What licensing, registration, or approval requirements exist?
The law does not specify any licensing, registration, or approval requirements for individuals or companies. However, it does state that approvals from the competent authorities in the Emirate must be obtained when establishing a new cemetery to ensure compliance with the stipulated terms and conditions. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures, 2021, Art. 4)
What rights and protections does this law provide?
The law does not explicitly mention any specific rights or protections granted to individuals or businesses. However, it does aim to maintain the sanctity and security of cemeteries, as well as ensure the proper and respectful handling of the deceased, which can be seen as implicit protections. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures, 2021)
Which authorities or bodies are responsible for enforcement?
The law designates the following authorities and bodies as responsible for enforcement and implementation: 1. The competent authority in each Emirate, which is responsible for the regulation, planning, and management of cemeteries, as well as the transfer and burial of deceased individuals. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures, 2021, Arts. 2, 4-16) 2. The Sharia Authority, which coordinates with the competent authority on matters related to Islamic affairs and Sharia Fatwa. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures, 2021, Arts. 1, 9, 11, 13) 3. The Ministry of Foreign Affairs and International Cooperation, which is responsible for the procedures related to the transfer of deceased citizens from outside the UAE. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures, 2021, Art. 17)
What are the penalties for non-compliance?
The law does not specify any penalties for non-compliance. It focuses on the regulatory and procedural aspects of cemeteries and burial procedures, without mentioning any penalty provisions.
What fees, charges, or financial provisions are specified?
The law does not mention any fees, charges, or financial provisions related to cemeteries, burials, or the implementation of this legislation.
What exemptions or exceptions apply?
The law does not provide any explicit exemptions or exceptions. It applies to the regulation of all cemeteries and burial procedures in the UAE, regardless of the deceased's nationality or religion.
How are disputes resolved under this law?
The law does not specify any dispute resolution mechanisms or procedures. It focuses on the administrative and operational aspects of cemeteries and burial procedures, without addressing how any potential disputes would be handled.
What are the key deadlines and time limits?
The law does not mention any specific deadlines or time limits, except for the effective date of 1 February 2022. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures, 2021, Art. 43)
How does this law interact with other UAE legislation?
This Cabinet Resolution is issued in relation to and for the implementation of Federal Law No. (10) of 2021 Regulating Cemeteries and Burial Procedures. It also references the following related legislation: 1. Federal Law No. (14) of 2014 Concerning Combating Communicable Diseases and its Executive Regulation. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures, 2021, Arts. 7, 19, 20) 2. Federal Decree-Law No. (29) of 2021 Concerning the Entry and Residence of Foreigners. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures, 2021) 3. Federal Law No. (11) of 2017 Concerning Antiquities. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures, 2021, Art. 12)
When did this law come into effect?
This Cabinet Resolution came into effect on 1 February 2022, as stated in Article 43. It was published in the Official Gazette No. 720 on 31 January 2022. (Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures, 2021, Art. 43)
Source Documents
This article analyses Cabinet Resolution Concerning the Executive Regulation of Federal Law Regulating Cemeteries and Burial Procedures for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.