Legislation Details
- Full Title: Cabinet Resolution Regarding the Hajj and Umrah Law
- Law Type: Cabinet Resolution
- Law Number: 32 of 2018
- Issued Date: 05 Jun 2018
- Effective Date: 29 Jun 2018
- Official Gazette: No. 631
- Sector: Faith and Religion Affairs
- Status: Active
- Number of Articles: 63
- Chapters/Parts: 0
- Amendments: 1
Summary
This Cabinet Resolution regulates the Hajj and Umrah contracting activities in the United Arab Emirates. It establishes the legal framework for licensing, obligations, and oversight of companies and individuals organizing pilgrimages to the Holy Land. The Resolution aims to ensure the proper conduct of Hajj and Umrah services and protect the rights of pilgrims and Umrah performers. It is an important law for businesses and individuals involved in the religious tourism sector in the UAE. (Cabinet Resolution Regarding the Hajj and Umrah Law, 2018, Art. 1-2)
What is the scope and purpose of this law?
The provisions of this Resolution apply to the "campaign" (licensed companies and individuals organizing Hajj or Umrah trips), their employees, and to pilgrims and Umrah performers within the UAE. The law regulates the licensing, obligations, and oversight of Hajj and Umrah contracting activities in the country. Its purpose is to ensure the proper conduct of these religious services and protect the rights of pilgrims and Umrah performers. (Cabinet Resolution Regarding the Hajj and Umrah Law, 2018, Art. 2)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- State: United Arab Emirates (UAE)
- The Authority: General Authority of Islamic Affairs & Endowments (GAIAE)
- Chairman: Chairman of the Authority
- Board: Authority Board of Directors
- Administration: The Department concerning Hajj and Umrah Affairs at the Authority
- Sacred Sites: Mina, Arafat, and Muzdalifah
- Holy Land: The Holy Places in the Kingdom of Saudi Arabia including Mecca, Madinah, and the Sacred Sites
- Office: State Hajj Affairs Office in the Holy Lands
- Contracting: The activity licensed under the provisions of this Resolution to practice the organization of Hajj or Umrah trips, or both
- Licensing Committee: Hajj and Umrah Contracting Licensing Committee
- Campaign: Every company or individual institution licensed under the provisions of this Resolution to practice contracting activity
- Campaign License: The permit issued to the campaign by the administration based on the approval of the Licensing Committee
- Service Contracts Audit Committee: Hajj Contracts Audit Committee and Housing, Transportation and Subsistence Inspection Committee
- The Agent: The person authorized by the license holder, from among the citizens of the state
- Electronic System: The system utilized for Hajj and Umrah services within the Authority
- Online Registration: Electronic system for Hajj permits
- Permit: The permit granted by the Authority to perform the Hajj Rituals
- Contract: The contract concluded between the pilgrim or Umrah performer and the campaign within the electronic system, and approved by the Authority
- Merger Contract: The contract concluded between the campaigns during the Hajj season, as approved by the Authority
- Electronic Path: An electronic system for tracking requests and services provided to campaigns, pilgrims, and Umrah performers by the Kingdom of Saudi Arabia
(Cabinet Resolution Regarding the Hajj and Umrah Law, 2018, Art. 1)
What are the main obligations and requirements?
The key obligations and requirements under this law include: 1. Obtaining a license from the Authority to practice brokerage, organize Hajj 'on behalf of others', receive Hajj or Umra applications, or collect donations for Hajj or Umra. (Cabinet Resolution Regarding the Hajj and Umrah Law, 2018, Art. 3) 2. Refraining from exploiting the services and facilities allocated to the pilgrims' affairs office in the Holy Lands or during the rituals' performance, unless a permit is obtained from the Authority. (Cabinet Resolution Regarding the Hajj and Umrah Law, 2018, Art. 3) 3. Complying with the controls and conditions set by the Licensing Committee, such as submitting applications, obtaining approvals, and fulfilling financial guarantees. (Cabinet Resolution Regarding the Hajj and Umrah Law, 2018, Art. 4, 16) 4. Fulfilling campaign obligations within the UAE and during the Hajj season, including advertising, transportation, and merging with other campaigns. (Cabinet Resolution Regarding the Hajj and Umrah Law, 2018, Art. 14-15, 18)
What licensing, registration, or approval requirements exist?
The law establishes a Licensing Committee within the Authority that is responsible for: 1. Deciding on applications to obtain a license to practice Hajj and Umrah contracting activities, including waivers and related requests. 2. Approving the controls and conditions for licensing, contracts, mergers, and electronic registration. 3. Determining the number of pilgrims registered in campaigns and distributing percentages among them. 4. Approving the mechanism, controls, and conditions for electronic registration. 5. Determining the number of campaigns authorized to perform Hajj Rituals. 6. Imposing administrative penalties for violations. (Cabinet Resolution Regarding the Hajj and Umrah Law, 2018, Art. 4) The law also specifies the application documents and conditions for obtaining a contracting license, including citizenship, age, good conduct, administrative and financial capacity, education, health fitness, and passing a personal interview. (Cabinet Resolution Regarding the Hajj and Umrah Law, 2018, Art. 7-8)
What are the penalties for non-compliance?
The law does not specify any penalties for non-compliance. The Licensing Committee is empowered to "impose the administrative penalties stipulated herein on any campaign that violates any of the provisions hereof", but the text does not provide details on what those penalties are. (Cabinet Resolution Regarding the Hajj and Umrah Law, 2018, Art. 4)
When did this law come into effect?
This Cabinet Resolution came into effect on 29 June 2018, as stated in the "Effective Date" field. It was published in the Official Gazette No. 631 on 28 June 2018. (Cabinet Resolution Regarding the Hajj and Umrah Law, 2018)
Source Documents
This article analyses Cabinet Resolution Regarding the Hajj and Umrah Law 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.