The implications of Sharia law for expatriates

Many Muslim countries are growing exponentially as expatriate hubs, such as the United Arab Emirates, Qatar, Bahrain and Oman. In the United Arab Emirates, the expatriate population significantly outweighs the local Emirati population.  Whilst these countries are modern and contemporary in many ways, the local laws reflect culture and tradition and are based on Islamic Sharia. Many expatriates move abroad oblivious to the fact that they are subject to the laws of the country in which they are living.

Recent family cases involving expatriates in the UAE have flooded the press, and have highlighted the need for advice to be made readily available to expatriates at an early stage, so that appropriate agreements or safeguards can be put in place prior to a dispute.

In the UAE, it is possible for non-Muslim expatriates to ask for the laws of their home countries to be applied by the courts of the UAE. However in practice foreign laws are rarely applied for contested court applications. A Judge has discretion as to whether foreign laws should be applied, and will apply the local UAE laws where foreign laws cannot be readily interpreted.  All foreign laws to be applied need to be translated in to Arabic before being put before the court (statutory and case law provisions). This is an onerous and costly task, carrying a risk that the true meaning of the laws is lost in translation. Foreign laws cannot be applied where the parties are of dual nationality.

Commonly expatriates will not have jurisdiction to deal with children matters in the court of their home countries, and have no option but to use the legal system of the country in which they are now resident. In the event of a dispute, expatriates are often surprised that the local laws apply to them.

Read more here http://www.expatriatelaw.com/implications-sharia-law-expatriates/ or contact Alexandra Tribe for more information on alexandra@expatriatelaw.com.