Interpretation of Statutes at United Arab Emirates
Here’s an overview of Interpretation of Statutes in the United Arab Emirates (UAE), a civil law jurisdiction with influences from Islamic law and modern codification:
⚖️ Interpretation of Statutes in the UAE
The UAE’s legal system is a mixed system, combining civil law principles, Islamic Sharia law, and customary practices. Statutory interpretation involves applying codified laws enacted by federal and emirate-level authorities while respecting constitutional and Islamic law principles.
🔹 Legal Framework
The Federal Constitution of the UAE (1971) is the supreme law.
Federal laws enacted by the Federal National Council and the President.
Emirate-level laws may also apply, especially in Dubai and Ras Al Khaimah.
The judiciary interprets laws in light of federal and emirate legislation, Sharia, and international agreements.
The Federal Supreme Court is the highest judicial authority for constitutional matters and federal disputes.
🔹 Principles of Statutory Interpretation
Literal (Textual) Interpretation
Courts begin with the ordinary meaning of the statutory text.
Systematic Interpretation
Laws are interpreted in relation to the entire legal system, including related statutes.
Purposive (Teleological) Interpretation
The purpose and objectives of the legislation are considered to resolve ambiguity.
Constitutional Compliance
Statutes must conform to the Federal Constitution and principles of Sharia.
If conflict arises, Sharia principles may prevail, especially in personal status, family, and inheritance laws.
Use of Extrinsic Materials
Courts may consider legislative history and principles of Islamic jurisprudence to understand intent.
Precedent and Judicial Interpretation
Although the UAE is a civil law jurisdiction, court rulings, especially by higher courts, are influential in interpretation.
🔹 Judicial Institutions
Federal Supreme Court: Highest court for federal and constitutional matters.
Federal Courts of Appeal and Courts of First Instance: Apply statutory interpretation at different levels.
Sharia courts have jurisdiction over personal status and family law.
Summary:
In the UAE, statutory interpretation follows a civil law approach focusing on the literal meaning of laws, supported by purposive interpretation and systematic reading within the legal framework. Constitutional supremacy and Sharia principles play a crucial role, especially in personal and family law. Courts may consider legislative history and Islamic jurisprudence to clarify statutes.
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