The United Arab Emirates (UAE) has amended its
law governing punishments for murder, increasing the minimum prison sentence
from seven years to 15 years and the maximum from 15 years to 20 years, even
when the victim’s family waives its right to Qisas (retributive
justice).
According to Khaleej Times, the
amendment revises Clause 3 of Article 384 of the UAE’s Crimes and Penalties Law
through a federal decree. Under the revised provision, the increased prison
sentence applies when the victim’s legal heirs waive Qisas at any stage of
judicial proceedings or before the sentence is carried out. As a result, a
killer will not be exempt from imprisonment even if the victim’s family
forgives them. According to Dr. Hassan Al Hais, a legal adviser at Amal Al
Rashdi Law Firm, the previous law prescribed a minimum prison sentence of seven
years when Qisas was waived. Following the amendment, the prison term has been
increased to between 15 and 20 years.
He explained that the victim’s family waiving
Qisas does not eliminate the offender’s criminal liability. Instead, the state
retains the authority to impose a criminal punishment. Under Islamic law, Qisas
is a form of retributive justice applicable to intentional murder. Subject to
the relevant legal requirements and a court’s ruling, it may include the death
penalty. However, the victim’s legal heirs have the right to waive Qisas. Such
a waiver does not mean that the offender is acquitted or that all legal
proceedings against them automatically end.
Under the amended law, courts will assess the
circumstances of the crime and the applicable legal provisions before
determining an appropriate prison sentence of between 15 and 20 years. Dr.
Hassan Al Hais also clarified that waiving Qisas does not necessarily eliminate
the possibility of the death penalty in every case. If a case involves a
separate offence for which the law independently prescribes capital punishment,
relinquishing the right to Qisas does not automatically cancel that penalty.
Attempted Suicide No Longer a Criminal Offence
The UAE has introduced other changes to its
Crimes and Penalties Law in addition to the amendments concerning Qisas. According
to Khaleej Times, the revised law removes attempted suicide from the
list of criminal offences. The change is intended to enable people experiencing
psychological difficulties or severe emotional distress to seek treatment and
assistance without fear of criminal prosecution. According to the government,
the aim is to focus on care, treatment and rehabilitation rather than
punishment, ensuring that people can obtain timely medical and psychological
support. Meanwhile, penalties have been established for those who incite or
assist another person to commit suicide. If a person dies as a result of such
incitement or assistance, those responsible may face imprisonment for five to
seven years.