The Constitution of the United Arab Emirates ( ar, دستور دولة الامارات العربية المتحدة, ) provides a legal and political framework for the operation of the
United Arab Emirates
The United Arab Emirates (UAE; ar, اَلْإِمَارَات الْعَرَبِيَة الْمُتَحِدَة ), or simply the Emirates ( ar, الِْإمَارَات ), is a country in Western Asia ( The Middle East). It is located at t ...
(UAE) as a federation of seven
emirates
Emirates may refer to:
* United Arab Emirates, a Middle Eastern country
* Emirate, any territory ruled by an emir
** Gulf emirates, emirates located on the Persian Gulf
** Emirates of the United Arab Emirates, the individual emirates
* The Emirat ...
. The Constitution came into effect on 2 December 1971 and was permanently accepted in May 1996. Authored by
Adi Bitar
Adi Al Bitar ( ar, عدي البيطار) (7 December 1924 – 4 March 1973) was a Palestinian-Jordanian judge, a legal advisor and lawyer who worked all over the Middle East. He was the author of the Constitution of the United Arab Emirates
E ...
, a forming judge and legal advisor, the Constitution is written in 10 parts and has 152 Articles. The United Arab Emirates celebrates the formation of the Union (and acceptance of the federal constitution) as
National Day.
History
The Historically independent kingdoms, the modern emirates that constitute the United Arab Emirates and the modern kingdoms of
Qatar
Qatar (, ; ar, قطر, Qaṭar ; local vernacular pronunciation: ), officially the State of Qatar,) is a country in Western Asia. It occupies the Qatar Peninsula on the northeastern coast of the Arabian Peninsula in the Middle East; it ...
and
Bahrain
Bahrain ( ; ; ar, البحرين, al-Bahrayn, locally ), officially the Kingdom of Bahrain, ' is an island country in Western Asia. It is situated on the Persian Gulf, and comprises a small archipelago made up of 50 natural islands and an ...
entered into a
treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pe ...
with the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
in 1853 and agreed to a
Perpetual Maritime Truce
The Perpetual Maritime Truce of 1853 was a treaty signed between the British and the Rulers of the Sheikhdoms of the Lower Gulf, later to become known as the Trucial States and today known as the United Arab Emirates. The treaty followed the effe ...
with the UK; the kingdoms were collectively referred to as the ''Trucial States'' or as ''
Trucial Oman
The Trucial States ( '), also known as the Trucial Coast ( '), the Trucial Sheikhdoms ( '), Trucial Arabia or Trucial Oman, was the name the British government gave to a group of tribal confederations in southeastern Arabia whose leaders had s ...
''. Disputes between the states were often arbitrated by the United Kingdom. In the late 1960s, the Trucial States Council was formed by the emirates, as well as Qatar and Bahrain. The United Kingdom announced its decision to end the treaty relationships with the kingdoms in 1968. The nine kingdoms attempted to form a union of Arab Emirates, but were unable to agree upon the terms of the union. While Bahrain and Qatar became independent countries, the other seven emirates attempted to form a temporary, federal union in 1971.
In 1971, the Constitution, authored by Judge
Adi Bitar
Adi Al Bitar ( ar, عدي البيطار) (7 December 1924 – 4 March 1973) was a Palestinian-Jordanian judge, a legal advisor and lawyer who worked all over the Middle East. He was the author of the Constitution of the United Arab Emirates
E ...
, was established as a temporary legal and political framework. Article 9 of the Constitution states that the Capital shall be a new town on the border of Dubai and Abu Dhabi, to be completed within seven years and to be called "
Al Karama"; however, a provision in the same article provided for
Abu Dhabi to be the "temporary" capital of the Union and for
Sheikh Zayed bin Sultan Al Nahyan
Sheikh Zayed bin Sultan Al Nahyan ( ar, زَايِد بِن سُلْطَان آل نَهْيَان, Zāyed bin Sulṭān Āl Nahyān; 6 May 1918 – 2 November 2004) was an Emirati politician, statesman, and philanthropist who served as ...
, ruler of Abu Dhabi, to be the
President of the United Arab Emirates.
In 1979, a draft "permanent" constitution was prepared which allowed for the creation of a
unified military and judicial system. Initially, the emirate of
Dubai
Dubai (, ; ar, دبي, translit=Dubayy, , ) is the most populous city in the United Arab Emirates (UAE) and the capital of the Emirate of Dubai, the most populated of the 7 emirates of the United Arab Emirates.The Government and Politics of ...
was strongly opposed to the unification of the military forces and, along with
Ras al Khaimah
Ras Al Khaimah (RAK) ( ar, رَأْس ٱلْخَيْمَة, historically Julfar) is the largest city and capital of the Emirate of Ras Al Khaimah, United Arab Emirates. It is the sixth-largest city in UAE after Dubai, Abu Dhabi, Sharjah, Al Ain ...
, refused to attend Supreme Council meetings of the union. Mediations by
Saudi Arabia
Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the A ...
and
Kuwait
Kuwait (; ar, الكويت ', or ), officially the State of Kuwait ( ar, دولة الكويت '), is a country in Western Asia. It is situated in the northern edge of Eastern Arabia at the tip of the Persian Gulf, bordering Iraq to the nort ...
as well as by other UAE rulers reduced differences between Shiekh
Rashid bin Saeed Al Maktoum
Sheikh Rashid bin Saeed Al Maktoum ( ar, ٱلـشَّـيْـخ رَاشِـد بِـن سَـعِـيْـد آل مَـكْـتُـوْم, Ash-Shaykh Rāshid bin Sa`īd Āl Maktūm; 11 June 1912 – 7 October 1990) was the vice president ...
, ruler of Dubai and Sheikh
Zayed bin Sultan Al Nahyan
Sheikh Zayed bin Sultan Al Nahyan ( ar, زَايِد بِن سُلْطَان آل نَهْيَان, Zāyed bin Sulṭān Āl Nahyān; 6 May 1918 – 2 November 2004) was an Emirati politician, statesman, and philanthropist who served as ...
, ruler of Abu Dhabi.
In 1994, Abu Dhabi was made the permanent capital of the UAE, and in May 1996, six years after Rashid bin Saeed al Maktoum's death, Dubai agreed to a permanent constitution, and one that would unify the armed forces of the UAE. However, Dubai, like Ras al Khaimah, maintains its own judicial courts, which are not subject to governance from the Supreme Court of the UAE.
[DUBAI - Historical Background Of Al Maktoum Family]
APS Review Gas Market Trends. June 24, 2002
Preamble
The
preamble of the constitution declares the intent of the rulers of six emirates (
Ras al Khaimah
Ras Al Khaimah (RAK) ( ar, رَأْس ٱلْخَيْمَة, historically Julfar) is the largest city and capital of the Emirate of Ras Al Khaimah, United Arab Emirates. It is the sixth-largest city in UAE after Dubai, Abu Dhabi, Sharjah, Al Ain ...
joined the Union on 10 February 1972) to form a "comprehensive,
democratic regime" in an "
Islamic,
Arab
The Arabs (singular: Arab; singular ar, عَرَبِيٌّ, DIN 31635: , , plural ar, عَرَب, DIN 31635: , Arabic pronunciation: ), also known as the Arab people, are an ethnic group mainly inhabiting the Arab world in Western Asia, ...
society".
Parts of the Constitution
Some of the important Articles and Parts of the Constitution are listed below:
#Part one
## Article 7 —
Islam is the official
state religion, Islamic
Sharia the primary source of legislation
## Article 9 —
Abu Dhabi is the capital of the Union. (The original constitution stated that Abu Dhabi was the temporary capital until the completion of
Al Karama; however, the qualification was removed in Constitutional Amendment No. (1) dated 02/12/1996.
[https://legaladviceme.com/legislation/120/uae-constitution-of-united-arab-emirates])
## Article 10 — aim of the Union is the maintenance of its independence and
sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
## Article 11 — the Union forms a single economic and customs entity; free movement of all capital and goods between emirates is guaranteed; all inter-emirate taxes, duties and
tolls are abolished
## Article 12 —
Foreign policy will be to support
Arab
The Arabs (singular: Arab; singular ar, عَرَبِيٌّ, DIN 31635: , , plural ar, عَرَب, DIN 31635: , Arabic pronunciation: ), also known as the Arab people, are an ethnic group mainly inhabiting the Arab world in Western Asia, ...
and
Islamic causes and consolidation of friendship and co-operation with all nations on the basis of the
Charter of the United Nations
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
#Part Two: Fundamental Social and Economic Basis of the Union
## Article 14 — Equality, social justice, ensuring safety and security and equality of opportunity for all citizens
## Article 15 — The family is the basis of society. It is founded on morality, religion, ethics and patriotism. The law shall guarantee its existence, safeguard and protect it from corruption
## Article 17 — Compulsory education at the
primary level
## Article 21 —
Private property will be protected
## Article 22 — The protection of
public property
Public property is property that is dedicated to public use. The term may be used either to describe the use to which the property is put, or to describe the character of its ownership (owned collectively by the population of a state). This is in ...
is the duty of every citizen
#Part Three: Freedom, Rights and Public Duties
## Article 25 — All persons are equal before the law, without distinction between citizens of the Union in regard to race, nationality, religious belief or social status.
## Personal liberty is guaranteed; no person may be arrested, searched, detained or imprisoned except in accordance with the provisions of law
## Article 28 — penalty is personal; an accused shall be innocent until proven guilty
## Article 29 — freedom of movement is guaranteed, within limits of the law
## Article 30 — freedom of expression is guaranteed, within limits of the law
## Article 32 — freedom to exercise religious worship is guaranteed in accordance with established customs and provided it does not conflict with public policy or violate public morals
## Article 33 — freedom of assembly is guaranteed, within limits of the law
#Part Four: Union Authorities
## Article 45 — establishes the Supreme Council of the Union (SCN), the Council of Ministers, the National Assembly and the Judiciary.
## National Assembly composition: 8 seats each of Abu Dhabi and Dubai, 6 each for
Sharjah
Sharjah (; ar, ٱلشَّارقَة ', Gulf Arabic: ''aš-Šārja'') is the third-most populous city in the United Arab Emirates, after Dubai and Abu Dhabi, forming part of the Dubai-Sharjah-Ajman metropolitan area.
Sharjah is the capital ...
and
Ras al Khaimah
Ras Al Khaimah (RAK) ( ar, رَأْس ٱلْخَيْمَة, historically Julfar) is the largest city and capital of the Emirate of Ras Al Khaimah, United Arab Emirates. It is the sixth-largest city in UAE after Dubai, Abu Dhabi, Sharjah, Al Ain ...
, and 4 each for
Ajman
Ajman ( ar, عجمان, '; Gulf Arabic: عيمان ʿymān) is the capital of the emirate of Ajman in the United Arab Emirates. It is the fifth-largest city in UAE after Dubai, Abu Dhabi, Sharjah and Al Ain. Located along the Persian Gulf, i ...
,
Umm al Quwain
Umm Al Quwain is the capital and largest city of the Emirate of Umm Al Quwain in the United Arab Emirates.
The city is located on the peninsula of Khor Al Bidiyah, with the nearest major cities being Sharjah to the southwest and Ras Al Khaim ...
and
Fujairah
Fujairah City ( ar, الفجيرة) is the capital of the emirate of Fujairah in the United Arab Emirates. It is the seventh-largest city in UAE, located on the Gulf of Oman (part of the Indian Ocean). It is the only Emirati capital city on the ...
## Articles 51 and 52 — election and term of office of President and Vice President
## Article 108 — The President is required to confirm all
death sentence
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
s imposed by a Union judicial authority
#Part Five: Union Legislation and Decrees and the Authorities having Jurisdiction therein
#Part Six: The Emirates
## Article 123 — the emirates may retain their individual memberships to
OPEC
#Part Seven
## Islam is the official religion of the Union. The
Islamic Sharia shall be a main source of legislation in the Union. The official language of the Union is Arabic .
#Part Eight: Financial Affairs of the Union
#Part Nine: Armed Forces and Security Forces
## Article 137 — Any attack on one emirate is an attack on ''all'' emirates and upon the existence of the Union
## Article 138 — establishment of a unified
air force
An air force – in the broadest sense – is the national military branch that primarily conducts aerial warfare. More specifically, it is the branch of a nation's armed services that is responsible for aerial warfare as distinct from an ...
,
navy
A navy, naval force, or maritime force is the branch of a nation's armed forces principally designated for naval and amphibious warfare; namely, lake-borne, riverine, littoral, or ocean-borne combat operations and related functions. It in ...
and land army
#Part Ten: Final and Transitional Provisions
## Article 145 — Constitution cannot be suspended except when
martial law
Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory.
Use
Marti ...
is in effect
References
{{Constitutions of Asia
C
1971 in law