Legislation Details
- Full Title: Cabinet Resolution Regarding the System for the Care of Mosques
- Law Type: Cabinet Resolution
- Law Number: No. (39) of 2012
- Issued Date: 30 Dec 2012
- Effective Date: [The legislation does not specify]
- Official Gazette: No. 545
- Sector: Faith and Religion Affairs
- Status: Active
- Number of Articles: 28
- Chapters/Parts: 0
- Amendments: [The legislation does not specify]
Summary
This Cabinet Resolution regulates the care, preservation, and sanctity of mosques in the United Arab Emirates. It establishes the responsibilities of the Competent Authority, which is the General Authority of Islamic Affairs and Endowments or the local authority concerned with mosque affairs in each Emirate, in overseeing the management and activities within mosques. The Resolution aims to ensure the proper administration and protection of mosques as important religious and community spaces. It is relevant for mosque administrators, religious organizations, and individuals seeking to use or organize events in mosques across the UAE. (Cabinet Resolution Regarding the System for the Care of Mosques, 2012, Art. 1-2)
What is the scope and purpose of this law?
The purpose of this Cabinet Resolution is to ensure the care, preservation, and upholding of the sanctity of mosques in the UAE. It applies to all mosques established or to be established after the entry into force of the Resolution. The Resolution does not apply to prayer rooms designated in commercial centers, hotels, and similar facilities. (Cabinet Resolution Regarding the System for the Care of Mosques, 2012, Art. 2-4)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- State: The United Arab Emirates
- Competent Authority: The General Authority of Islamic Affairs and Endowments, or the local authority concerned with mosque affairs in each Emirate
- Chairman: The Chairman of the General Authority of Islamic Affairs and Endowments or the head of the local authority concerned with mosque affairs in each Emirate
- Mosque: Any place designated for the performance of prayer rituals, and the courtyards, entrances, gates, annexes, and facilities of the mosque shall be deemed to form a part thereof
(Cabinet Resolution Regarding the System for the Care of Mosques, 2012, Art. 1)
What are the main obligations and requirements?
The Resolution imposes the following key obligations: 1. Mosques and their affiliated endowments must be registered as an endowment (waqf) under the supervision of the Competent Authority. It is prohibited to dispose of them except for the benefit of the endowment and with the Competent Authority's approval. (Cabinet Resolution Regarding the System for the Care of Mosques, 2012, Art. 4) 2. It is prohibited to establish mosques, their facilities, or affiliated endowments, or make modifications to them, without the approval of the Competent Authority. (Cabinet Resolution Regarding the System for the Care of Mosques, 2012, Art. 5) 3. It is prohibited to perform certain activities in mosques, such as delivering lessons, organizing events, or collecting donations, without the Competent Authority's approval. (Cabinet Resolution Regarding the System for the Care of Mosques, 2012, Art. 6) 4. It is prohibited to appoint or recruit any person to work in mosques without the Competent Authority's approval. (Cabinet Resolution Regarding the System for the Care of Mosques, 2012, Art. 8)
Which authorities or bodies are responsible for enforcement?
The Competent Authority, which is the General Authority of Islamic Affairs and Endowments or the local authority concerned with mosque affairs in each Emirate, is responsible for the implementation and enforcement of this Resolution. The Competent Authority is empowered to issue the necessary decisions for the implementation of the Resolution's provisions. (Cabinet Resolution Regarding the System for the Care of Mosques, 2012, Art. 12-13)
What are the penalties for non-compliance?
According to Article 9 of the Resolution, whoever violates any of the provisions of Articles 5, 6, 7, and 8 shall be punished with imprisonment for a period not exceeding one month and a fine not exceeding five thousand dirhams, or with either of these two penalties. (Cabinet Resolution Regarding the System for the Care of Mosques, 2012, Art. 9)
How are disputes resolved under this law?
The Resolution does not specify any dispute resolution mechanisms. It states that no criminal case or investigation proceedings may be initiated for violations of the Resolution's provisions, except upon a written request from the Competent Authority submitted to the police or the competent Public Prosecution. The Competent Authority may also choose to issue a warning to the violator and obtain a written undertaking not to repeat the violation. (Cabinet Resolution Regarding the System for the Care of Mosques, 2012, Art. 10-11)
When did this law come into effect?
The Resolution states that it shall be published in the Official Gazette and shall enter into force from the date of its publication. However, the exact effective date is not specified in the text. (Cabinet Resolution Regarding the System for the Care of Mosques, 2012, Art. 14)
Source Documents
This article analyses Cabinet Resolution Regarding the System for the Care of Mosques 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.