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Crimes Against Life and Liberty in UAE Law and Their Penalties
Offences against life and liberty protect the most valuable things a person possesses: life, bodily integrity and freedom. The federal legislator devoted a separate chapter to them in the Crimes and Penalties Law, dividing them into three sections: offences against human life and bodily integrity, offences against liberty, and endangerment. Penalties range from a fine to the death penalty according to defined criteria: the offender's intent, the gravity of the outcome, the status of the victim, and the means used. This article sets out a complete map of these offences and their classification between felony and misdemeanour.
First: A Map of the Offences and Their Criminal Classification
The classification of an offence rests on the type of penalty prescribed for it, not on the description of the act. A felony is an offence punishable by one of the qisas penalties, by death, by life imprisonment or by temporary imprisonment; a misdemeanour is punishable by detention, by a fine exceeding AED 10,000, or by blood money. This is why the description of certain offences in this chapter changes with the outcome alone.
Second: Premeditated Murder and Its Aggravating Circumstances
The primary penalty for premeditated murder is life imprisonment, rising to the death penalty in specific, exhaustively listed cases: where the killing is committed with premeditation or lying in wait; where it is preceded by, coupled with or connected to another offence; where it is committed against one of the offender's ascendants, or against a public official or a person charged with a public service during or because of the performance of their duties; or where a toxic or explosive substance is used.
Premeditation, Lying in Wait, and Qisas
Premeditation is a resolve formed before the act, together with a meticulous arrangement of the means of execution. Lying in wait is the offender's watching for a person over a period of time — long or short — in order to kill or assault them. Establishing either transfers the penalty from life imprisonment to the death penalty. The provisions of Islamic Sharia apply to qisas and blood money; where the victim's heirs waive their right to qisas at any stage, the penalty becomes temporary imprisonment of no less than 7 years. The blood money for a person killed by negligence — male or female — is AED 200,000.
Third: Assault on Bodily Integrity
The governing rule of this category is that both the description and the penalty are determined by the gravity of the outcome, not by the gravity of the act alone:
From Simple Assault to Assault Leading to Death
A person who assaults the bodily integrity of another without intending to kill, but whose act leads to death, is punished by temporary imprisonment not exceeding 10 years; the aggravating circumstances of premeditated murder, and a state of intoxication or drugging, are aggravating here as well. Where the assault leads to illness of the victim or incapacity to carry out their personal affairs for more than 20 days, the penalty is detention and a fine; where the outcome does not reach this degree, the penalty is detention not exceeding one year and a fine not exceeding AED 10,000. This misdemeanour is among those in which a waiver or settlement suspends enforcement of the custodial penalty.
Permanent Disability — When Is It Established?
A person who intentionally causes permanent disability to another is punished by temporary imprisonment not exceeding 7 years; a person who assaults without intending to cause it, but whose assault leads to it, faces temporary imprisonment not exceeding 5 years, rising to 10 years where an aggravating circumstance, intoxication or drugging is present. Permanent disability is established by the severance or separation of an organ, the amputation of part of it, the loss or diminution of its function, or the permanent impairment — whether total or partial — of one of the senses; any grave disfigurement unlikely to disappear is treated as such.
Fourth: Manslaughter and Negligent Injury
A Penalty Scale That Rises on Four Grounds
A person who causes the death of another by negligence is punished by detention and a fine, or by one of them; a person who negligently harms the bodily integrity of another is punished by detention not exceeding one year and a fine not exceeding AED 10,000, or by one of them. The penalty rises on four grounds: breach of the rules of the offender's office, profession or trade; intoxication or drugging at the time of the incident; failure to assist the victim despite being able to do so; and multiple victims. Where the act results in the death of more than three persons, the penalty is detention from two to 5 years, and from 3 to 7 years where a further circumstance is present.
Fifth: Abortion and Incitement to Suicide
Degrees of the Offence of Abortion
A pregnant woman who intentionally aborts herself is punished by detention not exceeding one year, or by a fine not exceeding AED 10,000, or by both. A person who aborts her with her consent is punished by detention of no less than two years, or by a fine of no less than AED 10,000; where that person is a physician, surgeon, pharmacist, midwife or technician, the penalty is temporary imprisonment not exceeding 5 years. Abortion without her consent carries temporary imprisonment not exceeding 7 years.
Incitement to and Assistance in Suicide
A person who by any means incites or assists another to commit suicide is punished by detention where the suicide occurs or is attempted as a result, and the penalty is aggravated where that person is under eighteen or of deficient will or perception. Where that person lacks volition or perception, the inciter is punished with the penalty for premeditated murder, as the case may be. The court may order the placement of a person who attempts suicide in a therapeutic shelter instead of imposing a penalty — a therapeutic rather than punitive approach.
Sixth: Offences Against Liberty
The provision covers abduction, arrest, detention and deprivation of liberty by any means and without lawful justification. The primary penalty is temporary imprisonment, rising to life imprisonment in the following cases, and to the death penalty where the act leads to the victim's death:
- Impersonation: assuming a public capacity, claiming to be charged with a public service, or making contact under a false capacity.
- The means: deception, force, threat of killing or of grave harm, or acts of physical or psychological torture.
- Multiple offenders or a weapon, or deprivation of liberty exceeding one month.
- The status of the victim: a female, a juvenile, a person of unsound mind or with a disability, or a public official during their duties.
- The purpose: gain, revenge, an offence against honour, the infliction of harm, or compelling the victim to commit an offence.
The Exculpatory Excuse, Enslavement and Forced Labour
The offender is exempt from punishment where they voluntarily inform the authorities, before the offence is discovered, of the whereabouts of the abducted person, guide them to that place, identify the other offenders, and this results in the rescue of the abducted person — these conditions being cumulative, not alternative. Temporary imprisonment applies to a person who brings a human being into or out of the country with the intention of possessing them, and to a person who possesses, purchases, sells or otherwise deals in a human being as a slave. A person who compels another to work for private benefit outside the cases permitted by law faces detention not exceeding one year and a fine not exceeding AED 10,000, or one of them.
Seventh: Endangerment
The distinctive feature of this section is that the legislator did not wait for harm to materialise, but criminalised the act that is capable of exposing the protected interest to danger; the offence here is one of danger, not of harm:
The Three Forms of Endangerment
A person who intentionally commits an act capable of endangering the life, health, safety or liberties of others is punished by detention and a fine, or by one of them, and by detention where harm results. A person who endangers a juvenile under 15 years of age, or a person incapable of protecting themselves, is punished by detention not exceeding two years; the penalty is aggravated where the offence is committed by leaving the victim in a place devoid of people, or by one of their ascendants or a person charged with their custody or care — and it extends to the intentional deprivation of nourishment or care. Endangering a child under 7 years of age in a place inhabited by people carries detention or a fine not exceeding AED 10,000.
Eighth: Common Aggravating Circumstances
- The offender's intent and planning: premeditation and lying in wait raise premeditated murder to the death penalty.
- The status of the victim: ascendants, a public official during their duties, a juvenile, a female, an incapacitated person, and persons with disabilities.
- The means of the act: toxic or explosive substances, weapons, force, threat, deception and torture.
- The offender's state and failure to render assistance: intoxication or drugging, and leaving the victim without help despite being able to assist.
The Causation Rule
The offender is answerable for the offence even where another cause — prior, concurrent or subsequent — contributed to its occurrence, provided that cause was foreseeable or probable in the ordinary course of events. Where that cause alone was sufficient to produce the result, the offender answers only for the act they committed — a rule of central importance in cases of assault leading to death.
Ninth: Practical Guidance
Steps That Protect Your Legal Position
- Report and obtain a medical examination immediately: the initial medical report determines the period of incapacity, on which the classification of the offence between misdemeanour and felony depends.
- Document the period of incapacity officially: the difference between more than 20 days and less changes the penalty, and it is established only by a certified report.
- Preserve digital evidence as it is: recordings, surveillance footage and messages, without deletion or alteration.
- Do not give statements without a lawyer: statements at the evidence-gathering and public prosecution stages shape the entire course of the investigation.
- Do not fail to render assistance: leaving the victim without help is an express aggravating circumstance in non-intentional offences.
- Do not waive before seeking advice: a waiver produces its effect only in the specific situations provided for by law.
Legal References
- Federal Decree-Law No. 31 of 2021 promulgating the Crimes and Penalties Law — federal law.
- Federal Decree-Law No. 38 of 2022 promulgating the Criminal Procedure Law — federal law.
- Federal Law No. 9 of 1976 concerning Juvenile Delinquents and Vagrants — federal law.
- Federal Law No. 3 of 2016 concerning Child Rights (Wadeema) — federal law.
Are you a party to a case of homicide, injury or an offence against liberty?
AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS — Dubai, United Arab Emirates
Frequently Asked Questions
QWhat is the difference between premeditated murder and assault leading to death?
The difference lies in intent, not in the outcome. In premeditated murder the offender's will is directed towards causing death, and the penalty is life imprisonment, which may reach the death penalty. In assault leading to death the offender intends to harm bodily integrity without intending to kill, and the penalty is temporary imprisonment not exceeding 10 years.
QDo blood money or a waiver extinguish the criminal penalty?
Not absolutely. Blood money is an independent financial right that does not affect the prescribed penalties. A waiver of qisas by the victim's heirs means the penalty becomes temporary imprisonment of no less than 7 years, not the extinction of the case. In specific, exhaustively listed misdemeanours — including assault on bodily integrity — a waiver or settlement suspends enforcement of the penalty.
QWhen does a misdemeanour of assault become a felony?
When the outcome or the means changes. An assault causing limited incapacity is a misdemeanour; where it leads to permanent disability or to death, it becomes a felony punishable by temporary imprisonment.
QWhat turns abduction into life imprisonment?
The law lists the cases exhaustively: assuming a public capacity; committing the act by deception, force, threat of killing, grave harm or torture; commission by two or more persons or by a person carrying a weapon; deprivation of liberty exceeding one month; the victim being a female, a juvenile or a person with a disability; or the purpose being gain, revenge or an offence against honour. Where the act leads to death, the penalty is the death penalty.
QAre parents answerable for leaving their child without care?
Yes, and as an aggravated offence. Endangering a juvenile under 15 years of age, or a person incapable of protecting themselves, is an offence in its own right, and the penalty is aggravated where it is committed by one of their ascendants or a person charged with their custody or care, or by leaving them in a place devoid of people.
This article is published for the purpose of spreading legal culture and community awareness. It does not constitute legal advice or a legal opinion on any particular matter, and no relationship of representation or legal agency arises from it. The outcome of each case differs according to its facts and documents, and legislative texts and amendments are subject to change. It is always advisable to consult a licensed lawyer for advice specific to your situation. AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS accepts no responsibility for any action taken in reliance on this content without specialised advice. In the event of any discrepancy between this translation and the original Arabic text, the Arabic version shall prevail.
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