Written by Dr. Hassan Elhais Abusive behaviour at home is a worldwide issue crossing national boundaries just as financial, social, and racial issues. This issue isnt just broadly scattered, yet its rate of such activity is broader than we think, making it a common and acknowledged conduct. Domestic violence in the home is deep-rooted and has serious impacts on the well-being of an individual especially women and is colossal to the society we live in.
Family Lawyers of Dubai describes domestic violence as a misuse of power by an adult in a relationship to monitor or control the other. It establishes fear in the mind of another individual through violence or other forms of abusive behaviour. It may constitute assault, battery, financial abuse, sexual assault, social abuse and more. Importantly, anyone can be a victim of domestic violence be it spouse, children, grandparents or another family member.
UAE law considers domestic violence a serious felony and the damage incurred by the other person can have serious consequences on their daily life or routine. Aggressive behaviour at home can incorporate sexual maltreatment, terrorizing, dangers or hardship in performing day to day human exercises and rights. On the off chance that you are indicted for aggressive behaviour at home, you should confront the competent authority or lawyers in Dubai to impose strict penalties on the accused.
Although the UAE does not have explicit laws to protect women against domestic violence or aggressive behaviour in the home. However, UAE is a signatory to the UN Convention on the Elimination of any form of Discrimination against Women (CEDAW). Importantly, the UAE government mandates the officials to publish laws or statistics to prevent domestic violence in the country. Further, the government should lay down rules and regulations for police authorities to not discourage women from filing a complaint against their husband for domestic violence.
On the other hand, UAE criminal Law lays down provisions for the crime of assault which is applicable to domestic abuse. However, the country still does not have regulations with regards to procedures through which police officials should register a complaint against the spouse for domestic abuse. On the contrary, Article 53 of the UAE Criminal Law allows the husband to chastise his wife or children to a certain degree as permitted under the Law of Sharia. Likewise, Article 56 of the UAE personal Status Law mandates the wife to obey her husbands command.
In spite of such laws, the UAE still prevents domestic abuse or assaulting behaviour if it leads to an inability to perform regular activities or any physical marks.
International Standards
Being an active member of CEDAW, the committee of CEDAW asked UAE authorities to issue legislation preventing domestic abuse or violence and to ensure that it is constituted as a criminal offence. It further stressed upon drafting reports to understand the statistics of domestic violence cases and to enhance knowledge of laws among UAE women to report such gruesome activities.
Stepping out of an abusive relationship is certainly not an easy task. However, lawyers of UAE are always there to assist you. You must learn to safeguard yourself first and always be prepared for any consequences, whatsoever.
Legal Update:
The above information might not apply if both parties are non-muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-muslim expatriate residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this link.
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