The United Arab Emirates judicial system
The UAE has a federal court system comprised of three branches, civil, criminal and Shariah. The highest court, Abu Dhabi Supreme Court, is located in Abu Dhabi. The emirates of Dubai and Ras al-Khaimah have their own local and appellate courts, which have jurisdiction over all matters that the constitution does not specifically reserve for the federal courts. Dubai and Ras Al Khaimah do not refer cases to the Abu Dhabi Supreme Court but rather, Dubai and Ras Al Khaimah have their own highest court (Court of Cassation) located within the respective Emirate.
The UAE Courts are comprised of Court of First Instance, Court of Appeals and Abu Dhabi Supreme Court or Court of Cassation (Dubai or Ras Al Khaimah). The Court of First Instance, located in each Emirate, has general jurisdiction and includes the Civil Court, Criminal Court and Shariah Court. Following judgment by the Court of First Instance, parties have the right to appeal to the Court of Appeals on factual and/or legal grounds. Notably, additional evidence including witness testimony can be presented at the Court of Appeals. Following judgment by the Court of Appeals, aggrieved parties have the right to appeal to the Abu Dhabi Supreme Court or Court of Cassation (Dubai and Ras Al Khaimah) on matters of law only. The Abu Dhabi Supreme Court also has jurisdiction over disputes between Emirates and disputes between the federal government and an individual Emirate. Judgment rendered by the Abu Dhabi Supreme Court or Court of Cassation is final and no further appeal is available.
Criminal actions in the UAE are commenced with the filing of a complaint with the local police in the jurisdiction where the offense is alleged to have been committed. The police will then commence an investigation which may include taking statements from relevant parties. Generally, within 48 hours of filing the complaint, the matter is referred to the Prosecutor. The Prosecutor then conducts an investigation, takes statements and gathers evidence. Following investigation, the Prosecutor will then decide whether to refer the matter to court or decline to press charges. This process generally takes 14 days though the Prosecutor may request an extension of time from the Court.
Defendants have the right to be present at trial and are presumed innocent until proven guilty. Defendants also have a limited right to counsel.
The Shariah Court or Islamic Court handles civil matters between Muslims and has exclusive jurisdiction over family matters including divorce, custody, guardianship and inheritance.