International coverage of UAE law: ignorance is no excuse



One of several widely quoted but wrong assertions in the international coverage of Marte Dalelv is that in the UAE a man can only be convicted of rape if the act is observed by four male witnesses.

It is a claim carried by otherwise reputable news organisations, including the BBC, that adds to the general level of criticism about the country's legal system abroad in recent days.

"Saying that the criminal law in Dubai is from Sharia law and needs witnesses, this is not true," says Hassan Elhias, a leading lawyer with Al Rowaad advocates and legal consultants in Dubai. "The information is totally false and misleading."

The UAE penal code is not based strictly on Islamic Sharia, but derives elements from it.

Sharia law does exist in the UAE but is only used in specific circumstances, such as in the payment of blood money. Individual emirates have also suspended some Sharia punishments such as flogging, replacing them with jail terms.

In the case of rape, the accused is charged under the Rape and Ravishment section of chapter 5, which relates to Crimes Against Honour.

Article 354 in its entirety states: "Without prejudice to the provision of the Law of Delinquents and Neglected Juveniles, shall be sentenced to death any individual who forcibly compels a female to carnal copulation or a man to sodomy. Coercion shall exist if at the moment of commission of crime the victim is under 14 years of age."

Although this makes execution the ultimate penalty for rape, this requires the consent of three judges and is very rarely carried out.

If the accused is acquitted of rape but there is evidence of sexual relations, accused and accuser could face charges of consensual sex. This is what happened with Ms Dalelv.

The UAE's penal code states it is legally correct that Ms Dalelv be jailed after admitting unmarried consensual sex, regardless of her motivation for doing so.

Article 356 of the Crimes Against Honour chapter, which deals with this, makes it "punishable by confinement for a minimum period of one year any individual who commits an act of disgrace and dishonour with the consent of the victim".

While parts of the law seem confusing and the lack of detail in some articles makes them more vulnerable to different interpretations, experts say that does not make the law wrong.

Some news reports have suggested Ms Dalelv was charged with having sex outside of marriage after telling police she had been raped.

While the sequence is true, the reports did not make it clear she had asked police to drop the rape charge and had admitted to consensual sex outside marriage.

"If she was raped she would not face this charge, she is a victim," says Mr Elhias, who has handled 3,000 criminal cases in Dubai. "She is well protected in law. That is a misconception.

"But if there was no rape the judge has to punish her by sending her to jail. That's her mistake [in this case]. The second part will be considered, that she had a relationship without force so she has to be punished."

It is the risk of going to prison if a rapist is cleared that critics of the system say makes women wary of reporting rape. She may also have to admit to sexual activity outside marriage before the rape.

Melca Perez, who set up the women's rights group Gabriela in early 2011, says she had plenty of experience of rape claims being dismissed by the police.

One of the most distressing cases, Ms Perez recalls, was a domestic worker who had been raped several times by her employer and on the final occasion removed her own underwear after he threatened her. After complaining to the police, she was charged with consensual sex because of this.

Cases like this can scare other women into silence, Ms Perez says, or worse in her opinion, agree to settle for money, allowing an abuser to get away with the crime.

"Sometimes women are given money to stay quiet," she says. "They do not think they have other options. They do not have anyone who will give them proper advice. They are told to 'take the money and go home', and this is done without the police."

Legal consultant Magdy Al Wakil, of Al Khazraji advocacy and legal consultants, says there are several factors that the court considers before charging a suspect with rape.

"If a women is under the influence of alcohol and there has been fondling and she has agreed to go with the suspect to a private place, then the court might consider this as consensual sex.

"There is also a huge difference between rape, attempted rape and sexual assault."

Mr Al Wakil says the physical, emotional and psychological implications of rape, mean the charge is not taken lightly.

"Every factor is considered, like how far or strongly did the victim resist," he says.

"The incident might have started out by force then the victim might have got aroused and consented. If this is the case then they will both be charged with adultery."

When Ms Dalelv retracted her accusation of rape, saying she had consented, the charges against her increased.

Public Prosecution was obliged to charge her with making a false statement under Article 276 of the Calumnious Denouncement chapter.

It reads that the perpetrator: "Shall be punishable by confinement and by fine or by one of these two penalties any individual who, falsely and in bad faith, informs the judicial or administrative authorities that a person committed an act subject to criminal punishment or administrative sanction, even if this denouncement did not result in the institution of a criminal or disciplinary action".

If the charges had stood, Ms Dalelv would have been deported after serving her sentence, under Article 121 of Measures Restrictive of Liberty.

* With additional reporting by Shareena Al Nuwais

Company%20Profile
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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

COMPANY PROFILE
Name: Almnssa
Started: August 2020
Founder: Areej Selmi
Based: Gaza
Sectors: Internet, e-commerce
Investments: Grants/private funding
MEDIEVIL%20(1998)
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UAE currency: the story behind the money in your pockets
COMPANY%20PROFILE
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Disclaimer

Director: Alfonso Cuaron 

Stars: Cate Blanchett, Kevin Kline, Lesley Manville 

Rating: 4/5

Mission%3A%20Impossible%20-%20Dead%20Reckoning%20Part%20One
%3Cp%3E%3Cstrong%3EDirector%3A%3C%2Fstrong%3E%20Christopher%20McQuarrie%3Cbr%3E%3Cstrong%3EStars%3A%3C%2Fstrong%3E%20Tom%20Cruise%2C%20Hayley%20Atwell%2C%20Pom%20Klementieff%2C%20Simon%20Pegg%3Cbr%3E%3Cstrong%3ERating%3A%3C%2Fstrong%3E%204%2F5%3C%2Fp%3E%0A
COMPANY%20PROFILE
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Match info:

Real Betis v Sevilla, 10.45pm (UAE)

Company%20profile
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Company%20Profile
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Business Insights
  • Canada and Mexico are significant energy suppliers to the US, providing the majority of oil and natural gas imports
  • The introduction of tariffs could hinder the US's clean energy initiatives by raising input costs for materials like nickel
  • US domestic suppliers might benefit from higher prices, but overall oil consumption is expected to decrease due to elevated costs
How to protect yourself when air quality drops

Install an air filter in your home.

Close your windows and turn on the AC.

Shower or bath after being outside.

Wear a face mask.

Stay indoors when conditions are particularly poor.

If driving, turn your engine off when stationary.

From Zero

Artist: Linkin Park

Label: Warner Records

Number of tracks: 11

Rating: 4/5

COMPANY%20PROFILE%20
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WWE Super ShowDown results

Seth Rollins beat Baron Corbin to retain his WWE Universal title

Finn Balor defeated Andrade to stay WWE Intercontinental Championship

Shane McMahon defeated Roman Reigns

Lars Sullivan won by disqualification against Lucha House Party

Randy Orton beats Triple H

Braun Strowman beats Bobby Lashley

Kofi Kingston wins against Dolph Zigggler to retain the WWE World Heavyweight Championship

Mansoor Al Shehail won the 50-man Battle Royal

The Undertaker beat Goldberg

 

Dengue%20fever%20symptoms
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SPECS
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The bio

Date of Birth: April 25, 1993
Place of Birth: Dubai, UAE
Marital Status: Single
School: Al Sufouh in Jumeirah, Dubai
University: Emirates Airline National Cadet Programme and Hamdan University
Job Title: Pilot, First Officer
Number of hours flying in a Boeing 777: 1,200
Number of flights: Approximately 300
Hobbies: Exercising
Nicest destination: Milan, New Zealand, Seattle for shopping
Least nice destination: Kabul, but someone has to do it. It’s not scary but at least you can tick the box that you’ve been
Favourite place to visit: Dubai, there’s no place like home

ARGYLLE
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Famous left-handers

- Marie Curie

- Jimi Hendrix

- Leonardo Di Vinci

- David Bowie

- Paul McCartney

- Albert Einstein

- Jack the Ripper

- Barack Obama

- Helen Keller

- Joan of Arc

THE SPECS

Engine: 6.75-litre twin-turbocharged V12 petrol engine 

Power: 420kW

Torque: 780Nm

Transmission: 8-speed automatic

Price: From Dh1,350,000

On sale: Available for preorder now

Electoral College Victory

Trump has so far secured 295 Electoral College votes, according to the Associated Press, exceeding the 270 needed to win. Only Nevada and Arizona remain to be called, and both swing states are leaning Republican. Trump swept all five remaining swing states, North Carolina, Georgia, Pennsylvania, Michigan and Wisconsin, sealing his path to victory and giving him a strong mandate. 

 

Popular Vote Tally

The count is ongoing, but Trump currently leads with nearly 51 per cent of the popular vote to Harris’s 47.6 per cent. Trump has over 72.2 million votes, while Harris trails with approximately 67.4 million.

MATCH INFO

Mainz 0

RB Leipzig 5 (Werner 11', 48', 75', Poulsen 23', Sabitzer 36')

Man of the Match: Timo Werner (RB Leipzig)

Kanguva
Director: Siva
Stars: Suriya, Bobby Deol, Disha Patani, Yogi Babu, Redin Kingsley
Rating: 2/5
 
COMPANY PROFILE
Name: ARDH Collective
Based: Dubai
Founders: Alhaan Ahmed, Alyina Ahmed and Maximo Tettamanzi
Sector: Sustainability
Total funding: Self funded
Number of employees: 4
ULTRA PROCESSED FOODS

- Carbonated drinks, sweet or savoury packaged snacks, confectionery, mass-produced packaged breads and buns 

- margarines and spreads; cookies, biscuits, pastries, cakes, and cake mixes, breakfast cereals, cereal and energy bars;

- energy drinks, milk drinks, fruit yoghurts and fruit drinks, cocoa drinks, meat and chicken extracts and instant sauces

- infant formulas and follow-on milks, health and slimming products such as powdered or fortified meal and dish substitutes,

- many ready-to-heat products including pre-prepared pies and pasta and pizza dishes, poultry and fish nuggets and sticks, sausages, burgers, hot dogs, and other reconstituted meat products, powdered and packaged instant soups, noodles and desserts.

The specs

Engine: Dual 180kW and 300kW front and rear motors

Power: 480kW

Torque: 850Nm

Transmission: Single-speed automatic

Price: From Dh359,900 ($98,000)

On sale: Now

'Champions'

Director: Manuel Calvo
Stars: Yassir Al Saggaf and Fatima Al Banawi
Rating: 2/5
 

Jigra
Director: Vasan Bala
Starring: Alia Bhatt, Vedang Raina, Manoj Pahwa, Harsh Singh
Rated: 3.5/5
Book%20Details
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Results

5pm: UAE Martyrs Cup (TB) Conditions Dh90,000 2,200m

Winner: Mudaarab, Jim Crowley (jockey), Erwan Charpy (trainer).

5.30pm: Wathba Stallions Cup (PA) Handicap Dh70,000 1,400m

Winner: Jawal Al Reef, Richard Mullen, Hassan Al Hammadi.

6pm: UAE Matyrs Trophy (PA) Maiden Dh80,000 1,600m

Winner: Salima Al Reef, Jesus Rosales, Abdallah Al Hammadi.

6.30pm: Sheikha Fatima bint Mubarak (IFAHR) Apprentice Championship (PA) Prestige Dh100,000 1,600m

Winner: Bainoona, Ricardo Iacopini, Eric Lemartinel.

7pm: Sheikha Fatima bint Mubarak (IFAHR) Ladies World Championship (PA) Prestige Dh125,000 1,600m

Winner: Assyad, Victoria Larsen, Eric Lemartinel.

8pm: Sheikh Zayed bin Sultan Al Nahyan Jewel Crown (PA) Group 1 Dh5,000,000 1,600m

Winner: Mashhur Al Khalediah, Jean-Bernard Eyquem, Phillip Collington.

The specs
Engine: 2.0-litre 4-cyl turbo

Power: 201hp at 5,200rpm

Torque: 320Nm at 1,750-4,000rpm

Transmission: 6-speed auto

Fuel consumption: 8.7L/100km

Price: Dh133,900

On sale: now 

The biog

Name: Capt Shadia Khasif

Position: Head of the Criminal Registration Department at Hatta police

Family: Five sons and three daughters

The first female investigator in Hatta.

Role Model: Father

She believes that there is a solution to every problem

 

Baby Driver

Director: Edgar Wright

Starring: Ansel Elgort, Kevin Spacey, Jamie Foxx, Lily James

Three and a half stars


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