Legislation Details
- Full Title: Federal Law Regarding the UAE Council for Fatwa
- Law Type: Federal Law
- Law Number: [number] of 2024
- Issued Date: 04 Apr 2024
- Effective Date: 15 Jul 2024
- Official Gazette: No. 773
- Sector: Government Affairs
- Status: Active
- Number of Articles: 46
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Law establishes the UAE Council for Fatwa, which is tasked with consolidating the status of Fatwa (Islamic legal rulings) in accordance with the national identity of the UAE, both locally and globally. The law aims to develop directives, policies, and legislation related to Fatwa, and to regulate its affairs in the UAE. It empowers the Council to issue public, contemporary, urgent, and proactive Fatwas that are suitable to the reality of Emirati society, in pursuit of societal stability. (Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 2) The law is significant for businesses and individuals in the UAE, as it provides a centralized authority for issuing Fatwas that are binding on government entities, companies, and the public. It also regulates the issuance of Fatwas, prohibiting certain practices, and establishes a mechanism for reconsidering public Fatwas issued by the Council. This ensures consistency and reliability in the Fatwa process, which is crucial for legal compliance and decision-making in the UAE. (Federal Law Regarding the UAE Council for Fatwa, 2024, Arts. 13-14)
What is the scope and purpose of this law?
The scope of this Federal Law is to establish the UAE Council for Fatwa and define its competences and powers. The law applies to all "Concerned Entities" (federal and local entities empowered to issue Fatwas) and to natural or legal persons in the UAE. (Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 3) The purpose of the law is to: (1) consolidate the status of Fatwa in accordance with the national identity of the UAE, both locally and globally; (2) develop directives, policies, and legislation related to Fatwa, and regulate its affairs in the UAE; (3) empower the Emirati society through proactive Fatwas to enhance its standing in global competitiveness indicators; and (4) establish a civilized model for Fatwa that responds to emerging developments and strengthens the global reputation of the UAE and its humanitarian vision. (Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 2)
What are the key definitions under this law?
The law provides the following key definitions:
- State: The United Arab Emirates
- Court: The Presidential Court
- Council: The UAE Council for Fatwa
- Chairman: The Chairman of the UAE Council for Fatwa
- General Secretariat: The General Secretariat of the UAE Council for Fatwa
- Secretary General: The Secretary General of the UAE Council for Fatwa
- Fatwas: The expression of a Shari'ah opinion on any matter of public or private concern
- Public Fatwas: The expression of a Shari'ah opinion on contemporary issues that affect the political, economic, and social stability of the State, or that stir sedition, sectarianism, and division in society
- Private Fatwas: The expression of a Shari'ah opinion on matters related to acts of worship and transactions of individuals, which are not considered Public Fatwas
- Concerned Authorities: The federal and local entities empowered to issue Fatwas in the State in accordance with the applicable legislation
- Means: The information networks, communication networks, websites, digital platforms, social media sites, information technology means, or any other print, audio, or visual means
- License: The granting of permission to issue Private Fatwas, or in one of their fields, at the Concerned Authorities or through the Means for a period of 3 years, renewable
- Permit: The granting of permission to issue Private Fatwas, or in one of their fields, at the Concerned Authorities or beneficiary entities or through the Means, for a short, specified period not exceeding 30 days, which may be renewed
(Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 1)
What are the main obligations and requirements?
The main obligations and requirements under this law include: 1. The Council is required to issue public, contemporary, urgent, and proactive Fatwas that are suitable to the reality of the Emirati society, in pursuit of societal stability. (Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 7(1)) 2. The Council must issue policies and resolutions regulating Fatwa affairs in coordination with the Concerned Authorities in the UAE. (Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 7(3)) 3. The Council is required to ascertain the crescents in the UAE, including the sighting and verification of the crescent of the holy month of Ramadan, Shawwal, and Dhul-Hijjah, in coordination with the competent authorities. (Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 7(6)) 4. The Council must qualify, train, and develop the skills of Fatwa specialists, upon the request of the Concerned Entities, and attract and nurture distinguished Fatwa talents. (Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 7(7)) 5. The Council is required to provide Fatwa services to respond to Shari'ah inquiries and develop a digital services system. (Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 7(9))
What licensing, registration, or approval requirements exist?
The law states that the Concerned Authorities may issue Private Fatwas and grant Licenses and Permits to their Fatwa personnel within their scope of competence, in accordance with their applicable legislation and systems. (Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 13(2)) A License is defined as the granting of permission to issue Private Fatwas, or in one of their fields, at the Concerned Authorities or through the Means for a period of 3 years, renewable upon the request of the Concerned Entities. (Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 1) A Permit is defined as the granting of permission to issue Private Fatwas, or in one of their fields, at the Concerned Authorities or beneficiary entities or through the Means, for a short, specified period not exceeding 30 days, which may be renewed for similar periods. (Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 1)
What rights and protections does this law provide?
The law does not explicitly mention any specific rights or protections granted to individuals, workers, businesses, or other parties. The focus of the law is on establishing the UAE Council for Fatwa and defining its competences and powers. (Federal Law Regarding the UAE Council for Fatwa, 2024)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for the enforcement of this law are: 1. The UAE Council for Fatwa, which is established by this law and is responsible for issuing Fatwas, developing policies and regulations, and managing Fatwa affairs in the UAE. (Federal Law Regarding the UAE Council for Fatwa, 2024, Arts. 4-7) 2. The Chairman of the Council, who is appointed by a Federal Decree and is responsible for supervising the work of the Council, approving its policies and regulations, and representing the UAE in Fatwa-related matters. (Federal Law Regarding the UAE Council for Fatwa, 2024, Arts. 8-9) 3. The General Secretariat of the Council, which is responsible for managing the Council's affairs and conducting its daily operations under the supervision of the Secretary General. (Federal Law Regarding the UAE Council for Fatwa, 2024, Arts. 10-12) 4. The Concerned Authorities, which are the federal and local entities empowered to issue Fatwas in the UAE in accordance with applicable legislation. (Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 1)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance with the provisions of this law. (Federal Law Regarding the UAE Council for Fatwa, 2024)
What fees, charges, or financial provisions are specified?
The law outlines the following financial provisions for the UAE Council for Fatwa: 1. The Council shall have an independent budget attached to the budget of the Presidential Court. (Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 15(1)) 2. The Council's revenues shall consist of: (a) the annual appropriations allocated to the Council from the budget of the Presidential Court; (b) gifts, grants, bequests, donations, and endowments approved by the Chairman of the Presidential Court; and (c) revenues obtained by the Council from the services provided, which shall be determined by a decision of the Chairman of the Presidential Court. (Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 15(2)) 3. The fiscal year of the Council shall begin on January 1 and end on December 31 of each year, with the exception of the first fiscal year, which shall begin from the date the law enters into force and end on December 31 of the following year. (Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 16) 4. The Council shall appoint one or more auditors for a renewable term of one year, with their remuneration determined by the resolution of appointment. The auditor(s) shall submit quarterly reports to the Chairman of the Presidential Court. (Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 17)
What exemptions or exceptions apply?
The law does not specify any exemptions or exceptions to its provisions. (Federal Law Regarding the UAE Council for Fatwa, 2024)
How are disputes resolved under this law?
The law does not provide any details on dispute resolution mechanisms under this legislation. (Federal Law Regarding the UAE Council for Fatwa, 2024)
What are the key deadlines and time limits?
The law specifies the following key deadlines and time limits: 1. The term of membership of the Council is 4 years, automatically renewed for similar periods, unless a Federal Decree is issued to restructure the Council. (Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 6(2)) 2. The Permit for issuing Private Fatwas is granted for a short, specified period not exceeding 30 days, which may be renewed for similar periods. (Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 1) 3. The License for issuing Private Fatwas is granted for a period of 3 years, renewable upon the request of the Concerned Entities. (Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 1)
How does this law interact with other UAE legislation?
The law references the following related UAE legislation: 1. The Constitution of the United Arab Emirates. (Federal Law Regarding the UAE Council for Fatwa, 2024, Preamble) 2. Federal Law No. (1) of 1972 Regarding the Competences of Ministries and the Powers of Ministers, as amended. (Federal Law Regarding the UAE Council for Fatwa, 2024, Preamble) 3. Cabinet Resolution No. (31) of 2017 Regarding the Establishment of the UAE Council for Fatwa, as amended. (Federal Law Regarding the UAE Council for Fatwa, 2024, Preamble) The law states that the Council established under this law shall supersede the "UAE Council for Fatwa" established pursuant to the aforementioned Cabinet Resolution No. (31) of 2017. (Federal Law Regarding the UAE Council for Fatwa, 2024, Art. 4(2))
When did this law come into effect?
This Federal Law Regarding the UAE Council for Fatwa was issued on April 4, 2024 and came into effect on July 15, 2024. (Federal Law Regarding the UAE Council for Fatwa, 2024, Issued Date and Effective Date)
Source Documents
This article analyses Federal Law Regarding the UAE Council for Fatwa 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.