A man and a woman convicted of having sex outside of wedlock by a Sharjah court successfully appealed the verdict, in an important ruling for the UAE's legal system.
The pair, both from Palestine, were arrested by police in the emirate in October.
They were sentenced to six months in prison, to be followed by deportation, by Sharjah Criminal Court on November 2.
Just days later, however, the Emirates overhauled many of its laws, including those that relate to divorce and separation, how wills and assets are divided, alcohol, suicide the protection of women and consensual sex.
The sweeping changes included the removal of an article of the penal code that considered consensual sexual relationships outside of marriage a crime.
Their Emirati lawyer, Salem bin Sahoo, successfully argued in court that the pair could no longer be deemed to have committed an offence punishable under UAE law.
On January 10, Sharjah's appeal court acquitted both defendants on this basis.
"Since the charge against the defendants has been amended... and based on the facts of the case and the investigations carried out in it, and working according to the law that is best for the defendants, we overturn the initial verdict and hereby clear the defendants from the charge against them," read the case verdict, obtained by the National.
The amended laws also allow for the legal cohabitation of unmarried couples. It was previously illegal for an unmarried couple, or even unrelated flatmates, to share a home in the Emirates.
In recent years, the authorities have rarely targeted or prosecuted anyone found in breach of this. But it will ensure people feel they are on the right side of the law when they move to the country.
Ghassan El Daye, partner and head of litigation Middle East with the UK-based law firm Charles Russell Speechlys (CRS), said lawmakers had sought to reflect the views of modern society in implementing the changes.
“Legislators are always observing and assessing rapid changes locally and globally in order to introduce new laws or change existing ones that would boost the efforts put into creating a more open and transparent environment for all members of the community, especially given that the UAE is home to more than 200 nationalities,” said Mr El Daye.
“Once a law change has been made and is effective, a court of law is obliged to follow the new rule and issue its verdicts based in it.”
UAE brings in major legal reforms:
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Alcohol consumption is no longer criminalised and licences are no longer required. Previously, prosecutions for drinking were rare but an individual could be charged for consuming alcohol without a licence if they were arrested for another offence. Getty Images -
If a couple were married in their home country, but were divorced in the UAE, they can expect the process to be similar in a UAE court. The laws of the country where the marriage took place would be applied. Getty Images -
The law will ensure ‘Good Samaritans’ who intervene in situations where people are in need cannot be held liable for the outcome of those they help. Under a long-standing, but rarely used clause, it had been possible for someone who went to the aid of someone, to give CPR or other first aid, to be help accountable for their injury or death. Getty Images -
There are a number of amendments seeking to protect the rights of women. There will be no longer a distinction of crimes known as ‘honour crimes’, where a male relative can get a lighter sentence for assaulting a female relative under the guise of ‘protecting honour’. Getty Images -
For the first time the law will allow for the legal cohabitation of unmarried couples. Until now, it is has been illegal for an unmarried couple, or even unrelated flatmates, to share a home in the Emirates. Getty Images -
The new law mandates the translators are provided for defendants and witnesses in court, if they do not speak Arabic. The court must ensure legal translators are available. Getty Images
