Courts must communicate more clearly

With new courts being formed, the justice system must become more transparent

Inheritance issues are profoundly sensitive, as is evident from our story on wills registered at the Dubai International Financial Centre. Sarah Dea / The National

In just the past few months, a series of moves have been made to expand the way the courts deal with tourists, expatriates and nationals. If that, at first, sounds puzzling – the law, after all, should be the law – it is only in the execution of the law, rather than its provision, that the changes are being made.

First came the trial of a new one-day court in Ras Al Khaimah, seeking to expedite small civil and commercial cases. It proved a success – so much so that this newspaper advocated its expansion across the country.

Then came the news that a tourist court would be set up in Abu Dhabi; again, not a separate legal system, but a swifter way of dealing with common offences by visitors. Some, arriving in the UAE for the first time, were unaware that taking photographs of sensitive buildings or excessive displays of public affection could land them in court. Rather than clogging the system with such cases, the tourism court would allow them to be dispensed with swiftly.

This was followed by an announcement that another court would also be set up in the capital, which would hear inheritance and custody cases in the laws of the claimants’ own countries. Inheritance issues such as these are profoundly sensitive, as evidenced by a story The National ran on wills notarised at the Dubai International Financial Centre Courts, that found a huge amount of confusion over whether wills made in other countries would take precedence, and under what circumstances non-Muslims could have their cases deal with under Sharia.

Often such issues don’t become apparent until the worst possible moment – when a spouse dies and there are questions of custody, or when assests need to be divided up. Thus while it is a huge step forward for different courts to be set up for different purposes, there also needs to be significant outreach by government and the courts to clarify what the laws are and what people can expect.

In the past, courts in the UAE have tried to communicate with the wider population, especially expats, so that they don’t fear contact with the legal system. But they can do a better job. Most expats – indeed, most nationals too – know little what the courts are like, what the procedures are, what the timeframe for cases is. Courts should state these in simple terms, across the most commonly used languages. That one step would lead to a significant change in how the system is viewed – and would bring much certainty and peace of mind to many living here.