Crimes Against Beliefs and Religious Rituals in the UAE: Actions and Penalties

Crimes against religious beliefs and rites are a group of offences to which the UAE Crimes and Penalties Law devotes a separate chapter. They include offending Islamic sanctities or rites, insulting the recognised heavenly religions, glorifying sin or inciting and promoting it, offending the sanctities and rites of other religions where these are protected under the provisions of Islamic Sharia, violating the sanctity of burial places and human remains, and acts of sorcery, charlatanism and deception, in addition to associations, organisations, meetings and publications that oppose the foundations and teachings on which the Islamic religion is based.

The penalties in this chapter range from detention and a fine up to temporary imprisonment that may reach ten years in certain forms, and are frequently coupled with complementary penalties and measures such as dissolving associations, closing their premises, confiscation and deportation of a foreign national. This article reviews these offences form by form, the penalty prescribed for each, the aggravating circumstances, the rule on attempt, and the cases of exemption from punishment where the offender takes the initiative to report.

Where these offences sit within federal law

The UAE legislator devoted a separate chapter of the second book of the Crimes and Penalties Law to crimes against religious beliefs and rites. This chapter brings together several forms that share a common feature: they touch upon belief, religious rites and social peace. It begins with offending sanctities, moves through acts of sorcery, charlatanism and the exploitation of people’s beliefs, and ends with the organisations, meetings, publications and funding activities that target opposition to the foundations of the Islamic religion or a call to another religion.

Offending Islamic sanctities and insulting the heavenly religions

The law punishes with detention and a fine, or with either of these two penalties, anyone who offends one of the Islamic sanctities or rites, as well as anyone who insults one of the recognised heavenly religions. The same chapter also covers glorifying sin, inciting it, promoting it, or doing anything that would entice others to commit it.

Where any of these offences is committed publicly, the law aggravates the penalty to detention of not less than one year and a fine of not less than AED 100,000, or either of these two penalties. This is where the danger of posts, video clips and comments accessible to the public becomes apparent, since they move the act from its simple form to its aggravated form.

Offending the sanctities of other religions

The law did not confine protection to Islamic sanctities alone. It also criminalised offending one of the sanctities or rites established in other religions where those sanctities and rites are protected under the provisions of Islamic Sharia, and made the penalty detention and a fine or either of them. This provision reflects the state’s approach to protecting coexistence and preserving social peace among the various residents on its territory.

Violating the sanctity of graves and human remains

Anyone who violates or desecrates the sanctity of a place designated for burying the dead or preserving their remains is punished with detention of not more than one year or a fine of not more than AED 10,000, and the same applies to anyone who violates or desecrates the sanctity of a human corpse or human remains while aware of the significance of his act. It is notable that the law requires knowledge of the significance of the act, so the offence is not established by the material act alone without such knowledge.

Sorcery, charlatanism and the exploitation of people’s beliefs

Anyone who, with the intention of exploiting others or causing them harm, commits an act of deception, sorcery or charlatanism is punished with detention and a fine of not less than AED 50,000, whether the act was real or a deception, and whether for consideration or without consideration.

Criminalisation does not stop at the principal offender. Detention and a fine, or either penalty, apply to anyone who seeks the assistance of another in such acts with the intention of influencing a person’s body, heart, mind or will; anyone who brings in, imports, introduces into the country, possesses, holds or disposes of in any manner books, talismans, materials or tools dedicated to such acts; and anyone who promotes any of these acts by any means.

In all cases the court orders the confiscation of the seized items, and orders the deportation of a convicted foreign national from the country.

Alcoholic beverages between licensing and criminalisation

This chapter contains a specific framework for alcoholic beverages. It provides that there is no penalty for drinking, possessing or trading in them in the circumstances and places permitted under the applicable legislation, and it leaves each emirate to regulate their use, circulation, possession and trade.

In all cases the court orders confiscation of the alcoholic beverages, the seized funds derived from them, and the machinery, materials and means used in their production or transport, as well as closure of the premises or place in which the offence occurred, and the court may order the deportation of a foreign national.

Associations and organisations opposing the foundations of Islam

The law is stricter towards organised activity. It imposes temporary imprisonment of not less than 5 years and not more than 10 years on anyone who establishes, founds, organises or manages an association, body, organisation or a branch thereof aiming to oppose or discredit the foundations and teachings on which the Islamic religion is based or what is necessarily known of it, or to call to a religion other than Islam, or which calls to a doctrine or idea involving any of the foregoing, or to favouring or promoting it.

Where the offence of joining, or the offence relating to prohibited conferences and meetings, is committed using force or threat, or where the use of force or threat is apparent in its commission, the offender is punished with temporary imprisonment of not less than 7 years.

Prohibited conferences, meetings, publications and funding

The law prohibits any group, body or organisation from holding a conference or meeting anywhere in the country where its aim in that meeting is, directly or indirectly, to oppose or discredit the foundations and teachings on which the Islamic religion is based or what is necessarily known of it, or to call to a religion other than Islam. The public authority may disperse such a conference or meeting, using force where necessary, and anyone who participates in preparing for it or takes part in it is punished with temporary imprisonment of not less than 5 years and not more than 10 years.

Attempt, penalties and complementary measures

The law provides that the penalty for attempting the offences in this chapter shall be within the limits of half the minimum and maximum limits of the penalty prescribed for each of them. The court also orders the dissolution of the associations, bodies, organisations or branches referred to in the offence of establishment and founding and the closure of their premises, and it may order the closure of the places in which the offences of prohibited conferences and meetings and the offences of obtaining funds took place.

In all these cases the court orders confiscation of money, belongings and other items used in committing the offence or prepared for such use, or found in the places designated for the meetings of these associations, organisations or branches, and orders the deportation of a foreign national from the country after execution of the penalty imposed on him.

Exemption from punishment upon taking the initiative to report

The law opens a route to exemption: any offender who takes the initiative to inform the judicial or administrative authorities of the offence before it is discovered is exempted from punishment. If the report is made after the offence has been discovered, the court may exempt him from the penalty where the report leads to the arrest of the remaining offenders. This provision offers a person who has become involved in such offences a way to correct his legal position through a serious initiative to report.

Key figures in this chapter

Practical tips

1- Remember that publicity is an aggravating circumstance: what is written on an account open to the public or circulated in a public group is treated differently from a private conversation.

2- Avoid re-posting or sharing any content touching upon sanctities or rites, since sharing and promotion are criminalised in this chapter and criminal liability is not limited to whoever created the content.

3- Be cautious with those offering services under spiritual or healing labels that involve sorcery or charlatanism, as criminalisation extends to seeking another’s assistance, possessing dedicated tools and books, and promoting such acts.

4- Comply with the licence conditions and the permitted places and circumstances in each emirate with regard to alcoholic beverages, as the regulation differs from one emirate to another.

5- If you receive an invitation to take part in a meeting, conference or organisation whose purposes are unclear, verify its licence and objectives before attending or assisting in its preparation.

6- If you receive a complaint or summons in one of these offences, engage a specialised lawyer before making any statement, since the characterisation of the act and the circumstances of its commission determine the penalty and whether the exemption provisions apply.

Legal references

1- Federal Decree-Law No. 31 of 2021 promulgating the Crimes and Penalties Law and its amendments.

2- Federal Decree-Law No. 38 of 2022 promulgating the Criminal Procedure Law.

3- Federal Decree-Law No. 34 of 2021 on Combating Rumours and Cybercrime.

Frequently asked questions