The UAE Federal Legislator's Contemporary Criminal Policy Against Adultery Crimes
An Analytical Study
DOI:
https://doi.org/10.35246/jols.v37i2.552Keywords:
Satisfied Intercourse, Adultery, Sodomy, Complaint, WaiverAbstract
In this research, we addressed the modern criminal policy of the UAE legislator in the face of adultery, in accordance with the most recent amendments under Decree No. 31 of 2021 on crimes and penalties, in which the federal legislator adopted a modern criminal policy in an attempt to balance the protection of the public freedom of individuals, including sexual freedom, with the protection of family ties, by criminalizing the adultery of the husband or wife or those under the mandate to describe the position of the female with her consent under the text of article 409 of the aforementioned law. The male, and what confirms to us this is the adoption of the narrow concept of the position, so that the site is limited to the natural penetration of the penis of the man in the female vagina, in addition to that in article 409/1 of the Crimes and Penalties Act has specified to us the sex of the perpetrator in this crime, so that it is male to female, which assures us that the federal legislator adopts the narrow concept achieved by the crime of adultery, as stipulated by the federal legislator for the crimes of female or sodomy to mention a presumed element For the conduct of the crime, which is consent to unlawful sexual intercourse by the female or male, and in the absence of it, we are a crime signed under duress, in addition to the element of consent, the federal legislator has set the age of 18 to express consent unlike some other legislation that raised the age of expression of consent at the age of 21.
The federal legislator also went to the primacy of the private interest over the public interest in society to punish the crime of female positioning with consent, by suspending the movement of criminal proceedings against the complaint of the husband or the guardian, as well as the UAE legislator in criminalizing between the husband or wife, where the crime, which is the position of the female with her consent, whether the husband is caught in the position of a female with her consent in the matrimonial home or outside, and therefore the federal legislator came out of the criticism that was directed to legislation that required the establishment of a crime that required the establishment of a crime The husband adultered the woman and her husband in adultery in the matrimonial home, and well the federal legislator did what he went to.
Downloads
References
First: Books
i. Dr. Al-Jundi, Ahmed Nasr, 2007, Personal Status in United Arab Emirates Law, House of Legal Books - Dar Shatat for Publishing and Software, Egypt.
ii. Dr. Al-Dhahabi, Edward Ghaly, 1997, Sexual Offenses, Al-Raee for Printing and Publishing, second edition, Cairo.
iii. Dr. Al-Hamd, Muhammad Bin Ibrahim, 1994, The Work of Lot’s People, Damage, Ways of Prevention and Treatment, Dar Bin Khuzaimah, first edition.
iv. Dr. Abu Amer, Muhammad Zaki, 2011, Criminal Protection of Presentation in Egyptian Legislation, New University House, Alexandria, First Edition.
v. Dr. Al-Ani, Muhammad Shallal, 2018, Islamic Criminal Legislation, University of Sharjah Publications, Sharjah, first edition.
vi. Dr. Al-Ani, Muhammad Shallal, 2015, The Origins of Criminal Procedures in Legislation, Jurisprudence and the Judiciary, University Library, Sharjah, first edition.
vii. Dr. Al-Ani, Muhammad Shallal, d. Al-Nawaisah, Abdulelah, 2020, Explanation of the UAE Criminal Procedure Law, according to the latest amendments, Dar Sharjah.
viii. Dr. Abdul-Aal, Muhammad Abdullatif, 2015, The General Theory of Crime and Criminal Responsibility in the Kuwaiti Penal Code, Publications of the Scientific Publication Council, Kuwait University, first edition, Kuwait.
ix. Dr. Hosni, Mahmoud Naguib, 1992, Explanation of the Penal Code, Special Section, Dar Al-Nahda Al-Arabiya, Cairo.
- Second: Research
i. Moussa, Saba Muhammad, 2011, the complaint about the crime of marital adultery in Iraqi legislation, a comparative study of Islamic jurisprudence, Al-Rafidain Journal of Law, a refereed scientific journal issued by the College of Law, University of Mosul, No. 47, Volume12.
ii. D- Elephant, Ali Adnan, Al-Safwa Nofal Ali Abdullah, 2006, a crime of adultery in man-made laws, a comparative study with Islamic law, Journal of Security and Law, a refereed scientific journal issued by Dubai Police Academy, Volume 14, Issue 1, p. 28
iii. Dr. Faisal, Al-Kander, 1993, The Criminalization of Adultery in the Kuwaiti Penal Code, Journal of Law, Kuwait University, a refereed scientific journal issued by the College of Law, Kuwait University, Number Four, Volume Seventeen.
iv. Dr. Awad, Muhammad Awad, 1973, the offender and the victim in the crime of intercourse, "a comparative study of the Egyptian and Libyan legislation" Journal of Legal Studies, a refereed scientific journal issued by the Faculty of Law, University of Benghazi, Volume One - Issue Three.
- Third: Court Rulings
i. Judgments of the Federal Supreme Court of the United Arab Emirates.
ii. Judgments of the Egyptian Court of Cassation
iii. The rulings of the Kuwaiti Court of Cassation
iv. Judgments of the Supreme Court - State of Libya.
Fourth, The laws
i. Egyptian Penal Code No. 58 of 1937 and its amendments.
ii. Egyptian Criminal Procedure Law No. 150 of 1950 and its amendments.
iii. Libyan Penal Code No. 23 of 1956 and its amendments.
iv. Kuwaiti Penal Code No. 16 of 1960 and its amendments.
v. Iraqi Penal Code No. 111 of 1969 and its amendments.
vi. Law No. 70 of 1973 regarding the establishment of the punishment for adultery, and the amendment of some provisions of the Libyan Penal Code.
vii. Federal Criminal Procedure Law No. 35 of 1992 and its amendments.
viii. Federal Decree-Law No. 31 of 2021 regarding crimes and penalties.
Downloads
Published
Versions
- 2023-01-04 (2)
- 2022-12-24 (1)
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright and Licensing:
For all articles published in Journal of Legal Sciences, copyright is retained by the authors. Articles are licensed under an open access Creative Commons CC BY 4.0 license, meaning that anyone may download and read the paper for free. In addition, the article may be reused and quoted provided that the original published version is cited. These conditions allow for maximum use and exposure of the work.
Reproducing Published Material from other Publishers: It is absolutely essential that authors obtain permission to reproduce any published material (figures, schemes, tables or any extract of a text) which does not fall into the public domain, or for which they do not hold the copyright. Permission should be requested by the authors from the copyrightholder (usually the Publisher, please refer to the imprint of the individual publications to identify the copyrightholder).
Permission is required for: Your own works published by other Publishers and for which you did not retain copyright.
Substantial extracts from anyones' works or a series of works.
Use of Tables, Graphs, Charts, Schemes and Artworks if they are unaltered or slightly modified.
Photographs for which you do not hold copyright.
Permission is not required for: Reconstruction of your own table with data already published elsewhere. Please notice that in this case you must cite the source of the data in the form of either "Data from..." or "Adapted from...".
Reasonably short quotes are considered fair use and therefore do not require permission.
Graphs, Charts, Schemes and Artworks that are completely redrawn by the authors and significantly changed beyond recognition do not require permission.
Obtaining Permission
In order to avoid unnecessary delays in the publication process, you should start obtaining permissions as early as possible. If in any doubt about the copyright, apply for permission. Journal of Legal Sciences cannot publish material from other publications without permission.
The copyright holder may give you instructions on the form of acknowledgement to be followed; otherwise follow the style: "Reproduced with permission from [author], [book/journal title]; published by [publisher], [year].' at the end of the caption of the Table, Figure or Scheme.
