Legislation Details
- Full Title: Cabinet Resolution Regarding the Administrative Penalties Imposed on Violators of the Provisions of Cabinet Resolution Regarding the Establishment of the UAE Council for Fatwa, as Amended
- Law Type: Cabinet Resolution
- Law Number: No. (26) of 2023
- Issued Date: 27 Mar 2023
- Effective Date: 01 Apr 2023
- Official Gazette: No. 748
- Sector: Faith and Religion Affairs
- Status: Active
- Number of Articles: 18
- Chapters/Parts: 0
- Amendments: 1
Summary
This Cabinet Resolution establishes the administrative penalties for violations of the provisions of Cabinet Resolution No. (31) of 2017 regarding the establishment of the UAE Council for Fatwa, as amended. The law aims to regulate the issuance of Sharia opinions, known as fatwas, in the UAE to maintain political, economic, and social stability. It imposes fines and other penalties on individuals and entities that violate the Council's rules, with the Director General empowered to enforce the sanctions. The resolution is part of the UAE's broader efforts to ensure religious and social cohesion. (Cabinet Resolution Regarding the Administrative Penalties Imposed on Violators of the Provisions of Cabinet Resolution Regarding the Establishment of the UAE Council for Fatwa, as Amended, 2023, Art. 1-2)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to establish administrative penalties for violations of the provisions of Cabinet Resolution No. (31) of 2017 regarding the establishment of the UAE Council for Fatwa, as amended. The purpose is to regulate the issuance of Sharia opinions, known as fatwas, in the UAE in order to maintain political, economic, and social stability. The Resolution applies to all natural and legal persons within the UAE. (Cabinet Resolution Regarding the Administrative Penalties Imposed on Violators of the Provisions of Cabinet Resolution Regarding the Establishment of the UAE Council for Fatwa, as Amended, 2023, Art. 2)
What are the key definitions under this law?
The key definitions under this law are:
- The State: United Arab Emirates
- The Council: The UAE Council for Fatwa established pursuant to Cabinet Resolution No. (31) of 2017, as amended
- Director General: Director General of the Council
- Fatwa: The issuance of a Sharia opinion on any general or personal matter
- General Fatwas: The issuance of a Sharia opinion on matters affecting the political, economic, and social stability of the State, or potentially inciting strife, sectarianism, and division in society
- Personal Fatwas: The issuance of a Sharia opinion on the personal matters concerning individuals in society, such as worship or financial transactions, as well as jurisprudential matters related to the family or Sharia rulings related to the traditions and customs of society
(Cabinet Resolution Regarding the Administrative Penalties Imposed on Violators of the Provisions of Cabinet Resolution Regarding the Establishment of the UAE Council for Fatwa, as Amended, 2023, Art. 1)
What are the main obligations and requirements?
The main obligations and requirements under this law are: 1. Individuals and entities must comply with the provisions of Cabinet Resolution No. (31) of 2017 regarding the establishment of the UAE Council for Fatwa, as amended. (Cabinet Resolution Regarding the Administrative Penalties Imposed on Violators of the Provisions of Cabinet Resolution Regarding the Establishment of the UAE Council for Fatwa, as Amended, 2023, Art. 3) 2. The Director General or their delegate has the authority to impose the administrative fines set out in the annexed table for violations of the Council's provisions. (Cabinet Resolution Regarding the Administrative Penalties Imposed on Violators of the Provisions of Cabinet Resolution Regarding the Establishment of the UAE Council for Fatwa, as Amended, 2023, Art. 4) 3. The Council shall collect the administrative fines through methods determined by the Ministry of Finance, and the amounts shall be transferred to the Treasury Single Account (TSA) in the federal government. (Cabinet Resolution Regarding the Administrative Penalties Imposed on Violators of the Provisions of Cabinet Resolution Regarding the Establishment of the UAE Council for Fatwa, as Amended, 2023, Art. 5)
What are the penalties for non-compliance?
The penalties for non-compliance with the provisions of Cabinet Resolution No. (31) of 2017 regarding the establishment of the UAE Council for Fatwa, as amended, are: 1. Administrative fines as prescribed in the table annexed to the Resolution for each violation. (Cabinet Resolution Regarding the Administrative Penalties Imposed on Violators of the Provisions of Cabinet Resolution Regarding the Establishment of the UAE Council for Fatwa, as Amended, 2023, Art. 3) 2. For repeated violations: - First repetition: Double the administrative fine - Second repetition: Temporarily suspend the license or permit - Third repetition: Revoke the license or permit (Cabinet Resolution Regarding the Administrative Penalties Imposed on Violators of the Provisions of Cabinet Resolution Regarding the Establishment of the UAE Council for Fatwa, as Amended, 2023, Art. 3)
How are disputes resolved under this law?
The law provides a grievance mechanism for administrative penalties as follows: 1. The competent authority in the Council shall notify the violator of the administrative penalty decision within 15 days from the date of its issuance. (Cabinet Resolution Regarding the Administrative Penalties Imposed on Violators of the Provisions of Cabinet Resolution Regarding the Establishment of the UAE Council for Fatwa, as Amended, 2023, Art. 6) 2. The violator may file a grievance with the Council within 15 days from the date of notification of the decision, submitting a reasoned request with supporting documents. (Cabinet Resolution Regarding the Administrative Penalties Imposed on Violators of the Provisions of Cabinet Resolution Regarding the Establishment of the UAE Council for Fatwa, as Amended, 2023, Art. 6) 3. The Director General shall form a committee to decide on the grievance within 30 days, either by rejecting, amending, or cancelling the decision. Failure to respond within 30 days is deemed a rejection. (Cabinet Resolution Regarding the Administrative Penalties Imposed on Violators of the Provisions of Cabinet Resolution Regarding the Establishment of the UAE Council for Fatwa, as Amended, 2023, Art. 6) 4. The decision issued on the grievance shall be final. (Cabinet Resolution Regarding the Administrative Penalties Imposed on Violators of the Provisions of Cabinet Resolution Regarding the Establishment of the UAE Council for Fatwa, as Amended, 2023, Art. 6)
When did this law come into effect?
This Cabinet Resolution shall be published in the Official Gazette and shall enter into force from the day following the date of its publication, which was 31 March 2023. (Cabinet Resolution Regarding the Administrative Penalties Imposed on Violators of the Provisions of Cabinet Resolution Regarding the Establishment of the UAE Council for Fatwa, as Amended, 2023, Art. 9)
Source Documents
This article analyses Cabinet Resolution Regarding the Administrative Penalties Imposed on Violators of the Provisions of Cabinet Resolution Regarding the Establishment of the UAE Council for Fatwa, as Amended 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.