Legislation Details
- Full Title: Federal Law Regulating the Cemeteries and Burial Procedures
- Law Type: Federal Law
- Law Number: 10 of 2021
- Issued Date: 19 May 2021
- Effective Date: 31 Aug 2021
- Official Gazette: No. 703
- Sector: Healthcare
- Status: Active
- Number of Articles: 58
- Chapters/Parts: 6
- Amendments: 0
Summary
The Federal Law Regulating the Cemeteries and Burial Procedures establishes a comprehensive legal framework for the management and operation of cemeteries in the United Arab Emirates. The law covers a wide range of issues, including the regulation of cemeteries, the procedures for transferring and washing deceased persons, the burial of corpses and human organs, and the penalties for non-compliance. This legislation aims to ensure the proper handling and dignified treatment of the deceased, while also maintaining public health and safety standards. It is of significant importance for businesses and individuals involved in the funeral and burial services industry, as well as for the general public who may need to utilize cemetery facilities in the UAE. (Federal Law Regulating the Cemeteries and Burial Procedures, 2021)
What is the scope and purpose of this law?
The scope of this law is to regulate cemeteries and burial procedures in the United Arab Emirates. It applies to all individuals and entities involved in the management, operation, and use of cemeteries, as well as the transfer, washing, and burial of deceased persons, human organs, and human remains. The law's purpose is to ensure the proper and dignified handling of the deceased, maintain public health and safety standards, and establish a comprehensive regulatory framework for cemeteries and burial practices in the UAE. (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 1-2)
What are the key definitions under this law?
- State: The United Arab Emirates
- Health Authority: The federal or local governmental authority concerned with health affairs in the State
- Competent Authority: The local authority responsible for regulating cemeteries and burial procedures in each Emirate of the State
- Foreigner: A person who does not hold the nationality of the State
- Cemetery: A place designated by the Competent Authority for the burial of the deceased, human organs, and human remains
- Communicable Diseases: Diseases that are identified according to the legislation in force in the State
- Health Facility: A facility that provides health care services, and is licensed by the Health Authority
(Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 1)
What are the main obligations and requirements?
The law imposes several key obligations and requirements, including:
- The Competent Authority must regulate cemeteries, including specifying areas for cemeteries, allocating spaces for martyrs, designating areas for burial of those with communicable diseases or contamination, and establishing burial conditions and procedures (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 2)
- The Competent Authority must comply with certain conditions and regulations when establishing a new cemetery, such as keeping the cemetery away from built-up areas and ensuring soil suitability (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 3)
- Individuals are prohibited from desecrating or defiling cemeteries, violating the sanctity of the deceased, or misusing cemeteries for purposes other than their intended use (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 4)
- The Competent Authority must establish an electronic database of deaths, human organs, and human remains buried in cemeteries (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 5)
What licensing, registration, or approval requirements exist?
The law does not specify any licensing, registration, or approval requirements for individuals or entities. However, it does require certain permits and approvals for specific activities, such as:
- A permit from the Public Prosecution Office and coordination with the police is required to transfer a deceased person's body, human organ, or human remains (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 6)
- A permit from the Health Authority is required to bury a human organ that has been removed or amputated for medical reasons (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 12)
- A permit from the Public Prosecution Office and coordination with the police is required to bury the corpse of a foreign deceased person who is not a resident of the UAE (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 13)
What rights and protections does this law provide?
The law does not explicitly outline any specific rights or protections granted to individuals or entities. However, it does establish certain requirements and procedures aimed at ensuring the proper and dignified handling of the deceased, such as:
- The Competent Authority is responsible for washing, shrouding, and preparing the deceased, though relatives may also perform these tasks in accordance with Islamic law (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 8)
- Relatives of non-Muslim deceased persons are responsible for preparing the deceased, under the supervision of the Competent Authority and the Health Authority (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 9)
- The law specifies the terms and conditions for places designated for washing the deceased (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 10)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for the enforcement of this law include:
- The Competent Authority: The local authority responsible for regulating cemeteries and burial procedures in each Emirate (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 2)
- The Health Authority: The federal or local governmental authority concerned with health affairs in the UAE (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 1)
- The Public Prosecution Office: Responsible for issuing permits for the transfer of deceased persons, human organs, and human remains (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 6, 13)
- The Police: Responsible for coordinating with the Public Prosecution Office on the transfer of deceased persons, human organs, and human remains (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 6, 13)
What are the penalties for non-compliance?
The law outlines several penalties for non-compliance, including:
- A fine ranging from AED 10,000 to AED 50,000 for offenses such as transferring a corpse without a permit, making additions or erecting buildings inside a cemetery, and exploiting cemeteries for unauthorized purposes (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 17)
- Imprisonment for up to 1 year and a fine ranging from AED 10,000 to AED 100,000 for burying a corpse, human organ, or human remains in a cemetery other than those designated by the Competent Authority (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 18)
- Imprisonment for up to 1 year and a fine ranging from AED 20,000 to AED 100,000 for preparing a burial place or disposing of corpses, organs, or remains in circumstances other than those stipulated in the law (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 19)
- Imprisonment for up to 1 year and a fine ranging from AED 50,000 to AED 100,000 for importing or exporting a corpse, organ, or remains of a dead person without a permit (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 20)
What fees, charges, or financial provisions are specified?
The law does not specify any fees, charges, or other financial provisions, except for the following:
- The applicant for transferring the corpse of a foreign deceased or any of their organs or remains to a foreign country must bear the cost of the transfer and deportation (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 7)
What exemptions or exceptions apply?
The law does not outline any explicit exemptions or exceptions. It applies broadly to the regulation of cemeteries and burial procedures in the UAE, without any specified exclusions.
How are disputes resolved under this law?
The law does not specify any dispute resolution mechanisms or procedures. It focuses primarily on the regulatory and operational aspects of cemeteries and burial practices, without addressing how any potential disputes would be handled.
What are the key deadlines and time limits?
The law outlines the following key deadlines and time limits:
- Relatives of a Muslim deceased person must wash, shroud, and prepare the deceased within 3 days of obtaining the burial permit (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 8)
- Relatives of a non-Muslim deceased person must prepare the deceased within 7 days of obtaining the burial permit (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Art. 9)
How does this law interact with other UAE legislation?
The law references several other UAE federal laws and decrees, including:
- Federal Law No. (1) of 1972 Concerning the Competencies of Ministries and Powers of Ministers
- Federal Law No. (3) of 1987 Issuing the Penal Code
- Federal Law No. (35) of 1992 Promulgating the Criminal Procedure Code
- Federal Law No. (24) of 1999 Concerning the Protection and Development of the Environment
- Federal Law No. (37) of 2006 Concerning the Private Security Companies
- Federal Decree Law No. (11) of 2008 Concerning Human Resources in the Federal Government
- Federal Law No. (18) of 2009 Concerning the Regulation of the Registration of Births and Deaths
- Federal Law No. (14) of 2014 Concerning Combating Communicable Diseases
- Federal Decree Law No. (2) of 2015 Concerning Combating Discrimination and Hatred
- Federal Law No. (4) of 2015 Concerning Private Health Facilities
- Federal Decree Law No. (4) of 2016 Concerning Medical Liability
- Federal Law by Decree No. (5) of 2016 Concerning Regulating The Transfer and Transplantation of Human Organs and Tissues
- Federal Law No. (10) of 2017 Concerning Domestic Workers
- Federal Law No. (11) of 2017 Concerning Antiquities
- Federal Law No. (5) of 2018 Concerning Endowments
- Federal Decree Law No. (26) of 2019 Concerning Public Finance
- Federal Law No. (13) of 2020 Concerning Public Health
(Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Preamble)
When did this law come into effect?
The Federal Law Regulating the Cemeteries and Burial Procedures was issued on 19 May 2021 and came into effect on 31 August 2021, as per the publication in the Official Gazette No. 703. (Federal Law Regulating the Cemeteries and Burial Procedures, 2021, Issued Date, Effective Date)
Source Documents
This article analyses Federal Law Regulating the 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.