In the UAE, adultery is regarded as a serious crime. The country’s legal system is influenced by both Sharia (Islamic law) and civil law, and adultery is punishable by imprisonment and deportation. The rise in infidelity has been cited by experts as one of the leading causes of divorce in the country. If you are a resident of the UAE, it is critical to understand the legal framework surrounding adultery, the types of evidence required, and the potential consequences of being involved in an extramarital affair.
Why Do People Engage in Infidelity?
There are several reasons why a married individual might engage in an extramarital affair, despite the legal risks involved. Some common contributing factors include:
- Social Networking: The rise of social media platforms has made it easier for individuals to form connections with people outside their immediate social circles. These connections can sometimes develop into inappropriate relationships.
- Extended Work Hours: Many professionals in the UAE work long hours, often in demanding environments. This can result in a lack of time spent with a spouse, which may create feelings of isolation and strain on the marriage.
- Loneliness and Frustration: The emotional distance caused by physical separation or lack of attention from a spouse can lead individuals to seek solace in the company of others, eventually leading to infidelity.
- Extensive Travel: Many expatriates in the UAE travel frequently for business, leaving their spouses behind. The time spent apart can contribute to feelings of disconnection, which may result in the temptation to seek companionship outside the marriage.
- Marital Disharmony: Underlying issues within a marriage, such as lack of communication, emotional neglect, or unresolved conflicts, can create an environment where one partner may look for fulfillment elsewhere.
The Legal Definition of Adultery in the UAE
Adultery is defined under UAE law as a voluntary sexual relationship between a married individual and someone who is not their spouse. This act is considered a breach of the country’s criminal laws, and the consequences can be severe. It is important to note that adultery is viewed as a criminal offense in the UAE, rather than merely a civil or moral issue.
The Legal Process and Required Evidence
If someone suspects that their spouse is involved in an extramarital affair, they can file a criminal complaint with the UAE authorities. However, the burden of proof is on the complainant. To successfully convict someone of adultery, the following types of evidence are typically required:
- Written Records: Text messages, emails, or other written communication between the accused and the individual with whom they are alleged to have an affair can serve as evidence.
- Photographs or Videos: Visual evidence, such as photographs or videos, that demonstrates an inappropriate relationship may be used in court.
- Eyewitness Testimony: If there are witnesses who can testify to seeing the accused in compromising situations, their statements may strengthen the case.
- Admissibility of Evidence: It is essential that the evidence provided is admissible in court. For instance, obtaining evidence by violating the privacy of the accused (such as hacking into their phone or email) can backfire, as such actions could be considered a crime under UAE law.
Legal Action for Couples Residing in the UAE
When both partners are living in the UAE, the spouse suspecting infidelity has the right to take legal action by filing a criminal complaint. However, substantial and credible evidence must be presented to prove the accusation. The court has full discretionary powers in evaluating the evidence, which includes assessing the credibility of written records, eyewitnesses, or any other submitted proof.
If the court finds the accused guilty of adultery, the consequences can extend beyond the criminal conviction. A successful conviction can also have significant ramifications in family court, particularly when filing for divorce or seeking child custody. The spouse filing the complaint may use the criminal conviction as a basis to request more favorable terms during divorce proceedings.
Legal Action When One Partner is Abroad
The legal process becomes more complex when one spouse resides in the UAE and the other is in their home country. If a spouse suspects infidelity while being outside the UAE, they can still file a criminal complaint. However, their presence may be required in the UAE to officially record the complaint and present the evidence.
If you are the spouse living abroad, you will need to provide concrete evidence of the alleged infidelity, which may include written communications, photographs, or testimony from third-party witnesses. In such cases, the Dubai Police or a local attorney can help guide you through the legal process.
Frequently Asked Questions About Adultery Laws in the UAE
1. Can I file a complaint if my spouse is involved in adultery?
Yes, if you have sufficient evidence to support your claim, you can file a complaint with the UAE public prosecutor or Dubai police station. In cases where the complainant is a woman, the Women Protection Department in Dubai may offer additional support and guidance.
2. What are the possible punishments for adultery?
If convicted, the accused may face one to three years of imprisonment, followed by deportation. Notably, both the individual accused of adultery and their partner in the affair can be punished. The severity of the sentence depends on the nature of the affair and the evidence provided. In some cases, the judge may choose to reduce the sentence or suspend it entirely based on the circumstances.
3. What kind of evidence is acceptable in a UAE court?
UAE law accepts various forms of evidence, including phone records, emails, photos, videos, and any other form of written communication that proves the existence of an extramarital affair. Additionally, a letter of admission from the accused spouse, or testimony from a reliable witness, may also be submitted as evidence. It is important to ensure that the evidence is gathered without violating the privacy of the accused, as doing so may result in additional legal consequences.
4. Can a WhatsApp message be used as evidence?
Yes, under UAE law, electronic communications, including WhatsApp messages, can be used as evidence in adultery cases. These messages can be presented to the Judicial Authority for verification to confirm the details of the affair.
5. Can I file a complaint against the person my spouse is having an affair with?
You cannot file a complaint solely against the third party involved in the affair. Under UAE law, both your spouse and the individual they are involved with will be treated as co-accused, and both may face the same legal consequences if found guilty.
6. Do the police have discretionary powers to investigate an adultery case?
Yes, the UAE police have discretionary powers to investigate adultery cases once a complaint has been filed. The police can gather evidence, hear both parties’ statements, and decide whether further legal action is necessary. They also have the authority to initiate a full investigation if sufficient evidence is presented.
Conclusion: Adultery Laws in the UAE
Adultery is a serious criminal offense in the UAE, and the legal process surrounding such cases can be emotionally and mentally challenging. Whether you are filing a complaint or defending yourself against allegations, it is crucial to seek the advice of an experienced attorney to guide you through the legal process.
Every situation is unique, and it is essential to gather reliable evidence and ensure that you comply with UAE laws regarding privacy and admissibility. Taking the legal route can have profound implications for your future, particularly when it comes to divorce, custody, and criminal penalties. Therefore, having a clear understanding of your legal rights and responsibilities is crucial when dealing with infidelity in the UAE.
