- Legal Articles
- Ask Elhais
March 25, 2022|
Under what conditions are you guaranteed to be released from jail after a death you are responsible for? None, it turns out. Al Rowaad Advocates legal consultant Dr. Hassan Elhais clarified the conditions of blood money payments – or 'diya' – in this article in The National. The article was prompted by the generous offer by Sharjah's ruler to pay on behalf of an Emirati woman imprisoned after an employee was electrocuted at work and her family couldn’t meet the Dh200,000 payment set. While in this case it was enough to secure the woman's release, Dr. Elhais explained this was a matter for the court to decide – but that requests for diya must be lodged within three years of death.
January 20, 2022|
A new law designed to lower the number of armed robberies and violence cases in the UAE means that simple possession of a number of objects could mean you are breaking the law. The country has just passed a law that means anyone in possession of "cutting, piercing, smashing or stabbing tools" without having a professional reason to have them would be guilty of a crime. As Al Rowaad Advocates managing partner Dr. Hassan Elhais explains in an article in The National newspaper, the law is aimed at ever-greater crime prevention. In 2020, Dubai courts prosecuted 135 cases involving the use of sharp weapons.
November 16, 2020|
A reader who has just moved to the UAE wants to live with his girlfriend but was not sure whether that was legal. The man wrote in to Gulf News to find out what the law says, which I explain has recently changed meaning the couple are able to do so without fear of legal repercussion. A Presidential Decree issued in November 2020 changed a number of matters, including that men and women who are not from the same family are able to live together. Previously a one year prison sentence followed by deportation was the punishment facing couples who were found to be in violation.
June 06, 2020|
A prison term of up to five years and fine of up to Dh100,000 is the penalty in cases where those entrusted with caring for people with special needs transmit COVID-19 to their clients -intentionally or unintentionally. In a recent article in the Khaleej Times, I explained the country's communicable disease laws, which entered into force six years ago, that aim to protect people with special needs and outline these penalties that apply if such a person becomes infected due to intention or negligence by a carer. Penalties can be doubled on repeat offence, while any death that results would amount to a new offence of causing wrongful death.
January 08, 2020|
I am quoted in an article carried by The National newspaper that details an amendment to the penal code that will prevent the deportation of non-Emirati citizens who are directly related to a citizen. I explain that, previously, many families have been broken up by the law that deports non-citizens who commit crimes, even in cases where the crime was minor and the guilty party had been living in the UAE for more than a decade. However, I explain the exception on grounds where the crime threatens national security is necessary to ensure the safety of UAE society.
November 18, 2019|
In an article in The National newspaper, I explain the law behind why a 40-year-old Emirati man is able to walk free, despite receiving a life sentence in 2001 for his role in a prison arson that led to the deaths of 14 people and injured another 18. He explains a specialist committee examines the current profile of an inmate, and if he or she poses a threat to society if released, as opposed to the nature of the initial crime - which has already been considered by the sentencing judge.
October 09, 2019|
My legal analysis is published in an article in The National newspaper that details the likelihood no criminal case will be taken in an accident that killed seven passengers, in the wake of the death of the driver who is believed to have been responsible for the crash. I explain that the families can still pursue a 'blood money' or 'diyya 'civil case, which allows families of relatives who died to claim compensation for up to Dh200,000 in addition to emotional damages. However, I explain that it must be established by the families that they are legal beneficiaries of the deceased before they can take any case.
March 18, 2018|
In my publication this week, I discussed about the laws relevant to the medical practice and their importance to be adhered by the medical practitioners in the UAE. Medical practitioner's duty, includes disclosure of the correct nature and severity of the disease to the patent, and the patient's family members. Doctor's ignorance and negligence or any other medical liability will be dealt according to the UAE Federal Law No. 10 of 2008.
January 14, 2018|
In my publication this week, I discussed about limitations of filing a theft case against a family member (siblings, parents, children or spouses). I also discussed about aggravating circumstances in a theft case that can warrant a higher sentence.
December 03, 2017|
In my publication this week, I discussed about various applicable statute of limitation in civil and criminal cases.
November 25, 2017|
In my publication this week, I discussed about the applicable law and punishment for human trafficking in the UAE. I also gave my analysis how such criminal activities can impact the societies in UAE.
July 21, 2017|
In my publication this week, I discussed about an ongoing case at our firm which was decided in our client's favour. To summarize, the case was filed on behalf of estranged wife to seek full custody of her daughter in the UAE. Before initiating proceedings in the UAE, both parties had obtained a final divorce and custody judgment in their home country. According to that judgment, the custody was awarded to the wife but wife had agreed with her husband that allowed the daughter to travel with him every year. The problem started when the Husband travelled with his daughter to the UAE and cut-off all contacts or ties with the wife back home. This transpired proceedings against the Husband in the UAE. After hearing arguments from both sides, the court awarded full custody to the wife.
May 16, 2017|
In this publication, I discussed about the legal obligation to inform child protection specialists or child protection units if there was any threat to the child's physical, psychological, moral or mental health as per the Child Protection Law.
December 15, 2016|
In my interview this week in The National newspaper, I explained the conditions for requesting bail in the event of an arrest. I further explained whether or not it is possible to for a victim to request the public prosecutor to deny a bail.
Total Publications: 14