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The United Arab Emirates (UAE) recently (Nov 7) announced what appears to be a significant revision of Islamic personal laws. President Sheikh Khalifa bin Zayed Al Nahyan and the new reform package, all immediately effective, are receiving considerable international praise.
The reforms cover a significant legal basis, from introducing greater legal flexibility on private real estate to removing cohabitation restrictions for unmarried couples. The latter was previously considered a punishable crime across the UAE and has been widely criticized by foreign residents. However, in recent years in Dubai, authorities have regularly looked the other way for coexistence with foreigners. Another reform removes penalties for the consumption, sale and possession of alcohol for those of legal drinking age (21). Until now, alcohol was available in some commercial areas, but all people needed a government-issued license to purchase, transport, or store alcohol in their residence. This change allows Muslims not to obtain licenses to legally consume alcohol in some cases.
Furthermore, suicide, prohibited by Islamic law, is now decriminalized. Previously, someone who attempted to take their own life but was unsuccessful could have been prosecuted, although such cases were extremely rare. However, anyone found assisting a person with a suicide attempt will still face an unspecified prison sentence.
However, by far the most popular reforms are those that have a specific impact on women. In an effort to demonstrate their commitment to women’s rights, the UAE repealed a law that allowed judges to pass lenient sentences for “honor killings”. The term refers to the murder of women who are believed to have dishonored themselves and their families. This widely criticized custom, until now, has allowed male relatives to avoid severe legal punishment for assault in cases of alleged religious and cultural promiscuity and disobedience. This custom is not as rare as you might think, how human rights groups value that honor killings result in the murder of thousands of women around the world every year. Saturday’s reform will treat these cases like any other type of aggression in the UAE.
Some theorize that this expansion of personal freedoms reflects the UAE’s desire to reinvent itself as a westernized tourist destination. Advocates of this view don’t have to look very far. The reforms come in the wake of a US-brokered political deal aimed at improving relations between the UAE and Israel, which is theorized to bring an influx of new Israeli tourism and investment to the country. This deal is somewhat unprecedented, as it happened there have been only two other Arab-Israeli peace agreements since Israel declared independence in 1948.
The reforms also coincide with Dubai’s hosting of the World Expo. The event, currently delayed due to COVID-19, typically causes a flurry of tourism and business. Others believe the changes reflect a “Rapidly changing company” with more progressive values. Director Abdallah Al Kaabi, known for his socially aware films, seems to take this position, to tell CTV that he “… couldn’t be happier with these new laws that are progressive and proactive.”
While these reforms certainly represent a significant and progressive step forward for the UAE, it is also important to consider what they are not. The reforms have not addressed any of the concerns frequently expressed by the LGBTQ + community and, as a result, acts of homosexuality and dragging can still lead to prison. Also excluded are amendments to the definition of discrimination, which, at present, does not include discrimination on the basis of sex and gender. Furthermore, in terms of women’s rights, these reforms are far from a gradual overhaul that makes the UAE a safe haven for all women. The repeal of laws that allow judges to be lenient in dishonor cases is only one step, albeit a powerful one, towards a solid commitment to women’s rights. There is a lack of legal protection from domestic abuse, especially considering that marital rape is not a crime. Indeed, seeking justice for sexual violence in its entirety is extremely difficult. Human Rights Watch stresses that women face formidable, often insurmountable barriers. This difficulty is due to the fact that reporting sexual violence while allegations of illicit sex remain at stake places a near-impossible burden of proof for survivors to prove that the sexual activity in question was non-consensual.
A short Google search for the recent sexual assault allegation against the UAE minister of tolerance, Sheikh Nahyan bin Mubarak al Nahyan, does little to counter this claim. The Foreign Ministry of the United Arab Emirates he answered to the prosecution stressing not to comment on personal matters, and Sheikh Nahyan bin Mubarak Al Nahyan maintains his position without any apparent investigation. This bankruptcy case, purely a recent casual example, provides evidence of the group’s claim for human rights and the problems facing women in the UAE.
These persistent issues are not only problematic and unfair, but they suggest that the UAE has a lot more work to do to demonstrate its commitment to women’s rights. So while the international community is right to praise these reforms, it is important to contextualize these changes and see them for what they are: a progressive step rather than an end point.
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