English

Issue (32) - January 2020
Legal - Cultural - Social
Our Vision.. Legal Culture with Modern Vision www.dxbpp.gov.ae A Periodical Magazine Issued by Public Prosecution-Dubai
Attorney General of the Emirate of Dubai
Year of Preparation For Fifty... Noble Meaning & Great Hope
TRADE AGENCIES LAW
Judicial Authorities Participate in GITEX 2019 With Its Smart Services
Dr. Muhammad Nasser Al Ahbabi:
UAE Space Law will come to light soon
Illegal Immigration Its Causes and How to Confront it by Law
Medical Errors.. Laws & Procedures Curbing Its Violators


NEW VISUAL MEDIA IDENTITY FOR THE UAE.. AN IDENTITY THAT REPRESENTS OUR MAP, OUR ESCALATED AMBITIONS, OUR SEVEN EMIRATES THAT ARE RACING THE WORLD AND SEVEN FOUNDERS WHO IMMORTALISED THEMSELVES IN OUR HISTORY.


Counselor/ Essam Essa Al Humaidan
Attorney General of the Emirate of Dubai
YEAR OF PREPARATION FOR FIFTY... NOBLE MEANING & GREAT HOPE
VISION
In the year of the fiftieth, we will be one hand to build our emirates, the year of preparation for the fifty requires all the concerted societal efforts to drive the wheel of development and its sustainability as well as to achieve our aspirations for a better future for our emirates.
Mohammed bin Rashid Al Maktoum, UAE Vice President, Prime Minister and Ruler of Dubai.
Whoever looks at the state of affairs of the UAE now, is dumbfounded, wondering: How did this young country manage to achieve all these amazing accomplishments in less than five decades? And how did this noble people manage to rise to unprecedented heights of progress and advancement within a short period of time that impressed the whole world?
The secret lies in the wise leadership, that leadership which crystallized in the mindset of the founding fathers who possessed superpowers enhanced by an untiring determination to establish a modern state that provides a decent life for its citizens, its visitors and everyone who resides in it. From here, the declaration made by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President, Prime Minister and Ruler of Dubai, is of great importance, because he affirms in his declaration that (in the fiftieth year we will be one hand to build our emirates, the year of preparation for the fifty requires the collaboration of all societal efforts so as to drive the wheel of development and sustainability, achieve our ambitions and aspirations for a better future for our emirates). The leader has made it clear in his speech that the collaboration of all societal efforts are the basic pillar of building a strong state capable of innovation... a smart state well aware that today's world does not welcome weak countries... a noble state that works to consolidate the system of tolerance and acceptance of the other.
It shouldn’t miss the reader’s intelligence that the essence of states’ civilization, its prosperity and stability is manifested in maximizing the role of the law in order to achieve justice, if justice is absent from the society, chaos and law of the jungle prevail, which leads to the deterioration of the conditions of people. Therefore, the wise leadership of the emirates has worked, since its foundation, to consolidate the system of justice and its development in a way that serves the general public and their interests. This was clearly reflected in the overall life in the state, until the emirates became a beacon in the pursuit of justice to be emulated worldwide.
From here, stemming from the full belief in the role of justice in achieving the stability and well-being of the society, we, at Dubai Public Prosecution, don’t leave any stone unturned in order to develop our performance in a way that serves the public, as we are always working on investing the latest innovations of the technology and the artificial intelligence in facilitating the work so as to save effort, money and time. We also urge the prosecutors and all employees and encourage them to do their utmost to ensure that Dubai remains an oasis of justice and safety, in a way that reflects positively on the economic performance, as we know that the economy thrives and grow in a stable and secure environment, benefitting the lives of citizens, residents and the visitors.
I have no doubt that the good and disciplined preparation for the fiftieth year will make this year a difference in the history of our beloved country as well as inspiring all present generations, which we will achieve, God willing.
Dubai Legal – Issue 32 3


A PERIODICAL MAGAZINE ISSUED BY PUBLIC PROSECUTION-DUBAI
Issue (32) - January 2020
Our Vision.. Legal Culture with Modern Vision www.dxbpp.gov.ae
Attorney General of the Emirate of Dubai
Year of Preparation For Fifty... Noble Meaning & Great Hope
TRADE AGENCIES LAW
A Periodical Magazine Issued by Public Prosecution-Dubai
Judicial Authorities Participate in GITEX 2019 With Its Smart Services
Dr. Muhammad Nasser Al Ahbabi:
UAE Space Law will come to light soon
Legal - Cultural - Social
Illegal Immigration Its Causes and How to Confront it by Law
Medical Errors.. Laws & Procedures Curbing Its Violators
GENERAL SUPERVISOR
COUNSELOR/ ESSAM ESSA AL HUMAIDAN
ATTORNEY GENERAL - DUBAI EDITOR DIRECTOR
COUNSELOR / YOUSUF HASSAN AL MUTAWA
06
12
14
OUR VISION..
LEGAL CULTURE WITH MODERN VISION
ATTORNEY GENERAL ASSISTANT
EDITING MANAGER
COUNSELOR/ AHMED MOHAMMED AL HAMMADI
ADVOCATE GENERAL
EDITORIAL TEAM
48TH UAE NATIONAL DAY
MR. AHMED ABDULLAH AL ATTAR
CHIEF PROSECUTOR
MR. YOUSUF AMEN AL ALI
CHIEF PROSECUTOR ASSISTANT
MRS. HAMDA MOHAMMAD AHLI
DR. MUHAMMAD NASSER AL AHBABI: UAE SPACE LAW WILL COME TO LIGHT SOON
CHIEF PROSECUTOR ASSISTANT
MR. BAQER ABDUL WAHID
DIRECTOR OF INSTITUTIONAL COMMUNICATION DEPARTMENT
EDITORIAL SECRETARY
MR. MARWAN ALI AL BALOOSHI
TRANSLATION
MR. IYAD SABRI ABU FARHA MR. OBAID AHMED
DESIGN AND PRODUCTION:
DUBAI PUBLIC PROSECUTION PARTICIPATES IN A SESSION ON: “RULE OF LAW TO ACHIEVE A COMPREHENSIVE & SOLID SUSTAINABILITY”
www.dxbpp.gov.ae [email protected] [email protected]


CONTENTS
ISSUE (32) - JANUARY 2020 www.dxbpp.gov.ae
16
20 22
28
EDITION INVESTIGATION38 JUDICIAL AUTHORITIES PARTICIPATE IN
GITEX 2019 WITH ITS SMART SERVICES
ESTABLISHMENT OF A CIVIL CASE MANAGEMENT OFFICE IN EVERY COURT
TRADE AGENCIES LAW
ILLEGAL IMMIGRATION
ITS CAUSES AND HOW TO CONFRONT IT BY LAW
JUDICIARY IN DUBAI (3) DR. ARIF ALSHEIKH
DUBAI LEGAL AVAILABLE ONLINE
AT APPLE STORE BY NAME (DUBAILEGAL)
MEDICAL ERRORS..
LAWS & PROCEDURES CURBING ITS VIOLATORS
37
EDITION ARTICLE:
dxbpp
@dubaipp
dubai-public-prosecution
dxbpp 100
dubaipp
www.dxbpp.gov.ae
DUBAI PUBLIC PROSECUTION. PHONE NO: 04/3078444 FAX: 04/3351037 P.O. BOX: 2383, DUBAI. U.A.E


IN THE PUBLIC PROSECUTION
Public Prosecution celebrated the 48th National Day
by organizing several celebrations and events in its main building, as well as the Residency & Immigration Prosecution and Traffic Prosecution, under the slogan "Emirates of
Peace", within the framework of promoting the national participation that embodies the spirit of the union and reflects the values inherited from Sheikh Zayed, May God rest his soul, on top of it are the values of tolerance.
48th UAE National Day
Saudi National Day Celebration
Dubai Public Prosecution celebrated the 89th Saudi National Day in the Dubai Mall, where a number of the prosecution employees distributed gifts of national character, in a gesture expressing the depth of the relationship that binds the brotherly Saudi and Emirati people.
6 January – 2020


Flag Day
Dubai Public Prosecution celebrated the Flag Day with
the participation of a number of employees and customers, as they gathered around the flagpole for the unified public celebration with
all the authorities and institutions in the country to raise the flag of the UAE at 11:00 am and take the oath of allegiance.
Lecture In Cooperation With Military Judiciary
Counselor Essam Essa Al Humaidan, Attorney General of the Emirate of Dubai, attended the lecture delivered by Brigadier (Legal) Salem Juma Rashid Al-Kaabi, Director and Military Attorney General, on a number of military legal procedures. The lecture was also attended by a number of advocate generals and public prosecutors.
Dubai Legal – Issue 32 7


IN THE PUBLIC PROSECUTION
His Excellency Counselor Yousuf Hassan Al Mutawa, Attorney General Assistant, accompanied by Counselor Mohamed Hassan Abdel Rahim, Advocate General, Vice-President of the International Association of Prosecutors of the Middle East, headed the participation of the Public Prosecution in the 24th Annual Conference of the International Association of Prosecutors, in the Argentine capital, Buenos Aires, as a member in the IAP since 2009. Meetings in international forums are aimed at demonstrating the experiences and successful experiences of Middle Eastern countries in combating crime at
all levels.
DPP Participates In Legal Salon Titled "Penal Order"
Public Prosecution participated in the new panel discussion of the Legal Salon Program organized
by the Emirates Association of Lawyers and Jurists. The panel discussion was entitled “Penal Order”,
and it dealt with the provisions of the Penal Order Law, mechanism of its application and its positive impact. The session was chaired by Counselor Dr.
Ali Humaid bin Khatem, Senior Advocate General, Head of the Nationality & Residency Prosecution,
in the presence of Zayed Al Shamsi, Chairman of
the Emirates Lawyers and Jurists Association, and a number of lawyers and prosecutors from different emirates of the state.
DPP Honors Fourth Batch of Graduates of Diploma in Legal Studies for Judicial Authority
Dubai Public Prosecution honored the fourth batch of graduates of the Diploma in Legal Studies for the Judicial Authority of staff members of the Public Prosecution, in the presence of Counselor/ Khalifa bin Demas, Senior Advocate General and Head of the Technical Office, and Dr. Jamal Al Sumaiti, Director General of the Dubai Judicial Institute, for successfully passing the scheduled period that lasted for 6 weeks. The training program, which came
in cooperation with the Dubai Judicial Institute, aims to provide prosecution assistants, investigation secretaries, judgments executors and judicial summons, with basic information related
to the concept of these professions, its role and importance in the judiciary, as well as to provide them with skills necessary to carry out their work in accordance with the best practices in this regard.
8 January – 2020
IAP Meeting in Argentina


DPP Celebrates International Day of People of Determination
On the occasion of International Day of People of Determination, Public Prosecution organized an agricultural workshop entitled "Together We Grow to Reap" in the presence
of Counselor/Essam Essa Al-Humaidan, Attorney General of the Emirate of Dubai, in the framework of the department's endeavor to integrate the people of determination into society and support their talents as well as highlight their creative energies. The workshop came under the supervision of a team of the government body
Dubai Prosecution Holds Introductory Meeting on "Strategy of Dubai Paperless Transactions"
Based on the directives of His Highness Sheikh Hamdan
bin Mohammed bin Rashid Al Maktoum, Crown Prince of
Dubai and Chairman of the Executive Council, to complete the implementation of the “Dubai Paperless Transaction Strategy”, Dubai Prosecution held an introductory meeting on the goals of the next stage of the strategy, in cooperation with the Smart Dubai, within the framework of starting to complete the second stage, which includes the Public Prosecution with the participation of several government agencies, so as to achieve the vision of the wise government to make Dubai the first government without paper by 2021. The meeting dealt with a detailed explanation about the scope and objectives of the project and setting a baseline for the use of paper in government transactions with the goal of achieving 50% of paper consumption during 2019 to reach the desired goal in transforming the Dubai Government into a fully smart model by December 2021.
friendly for the people of determination in the Public Prosecution, where a number of people of determination reviewed the methods of cultivating and caring for the cactus plant, as well as they touched upon various decorating methods for the cactus seedlings and reviewed various models they made in innovative ways.
The event was attended by Counselor Khalifa bin Demas, Senior Advocate General and Head of the Technical Office of the Attorney General and a number of prosecutors and its employees.
'Barza' For Friends of People of
Determination
The Government Entity friendly to People of Determination organized the project “Barza (Interactive Session) of Friends of People of Determination”, which covered two topics: (New Year’s Message) by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President, Prime Minister of UAE and Ruler of Dubai, and the other entitled (Dubai Paperless). The situation of people
of determination in the country was discussed, in addition to touching upon the creative ideas and initiatives that contribute to overcoming the obstacles in front of people of determination.
Dubai Legal – Issue 32 9


IN THE PUBLIC PROSECUTION
"Placing Under Electronic Monitoring" in Legal Insights
Public Prosecution organized a workshop entitled "Placing Under Electronic Monitoring" which stated that the initiative of “Electronic Monitoring” is considered one of the new societal penalties which provides for executing the rulings of judges through electronic monitoring, outside the prison walls, as per the situation covered by the application of this system, in accordance with the provisions of the law. The participants pointed out that the initiative is aimed
at preserving the society and individuals for the human value it represents. It also aims to use the technology so as to reduce the burden on penal and correctional facilities as well as reduce the expenditures and other reasons.
“Cybercrime” Theme of Two Lectures at Dubai Media Incorporated & American University
Dubai Public Prosecution organized, in cooperation with the Legal Affairs Department at Dubai Media Incorporated, two legal lectures on cybercrime and the correct and sound uses of social media and information networks as well as disseminating the news on Dubai TV. The two lectures were delivered by counselor/
Dr. Khaled Al Junaibi, Chief Prosecutor in Deira Prosecution.
This comes in view of the keenness of the Public Prosecution
to spread the legal culture and guide the community members about the cybercrime law as well as the correct and proper uses of social media means and information networks.
10 January – 2020


Legal Awareness Campaign
Dubai Public Prosecution, in cooperation with the Community Development Authority, organized a legal awareness campaign targeting various segments of the society, through weekly lectures in the Rashidiya Majlis. This is based on the role of the Public Prosecution in community awareness using all the communication channels. The session was opened by Counselor Mohammed Hussain bin Ali Al Hammadi, Advocate General, Chief Prosecutor
in Bur Dubai Prosecution. The first lecture was on family and juvenile laws, delivered by Counselor Shihab Ahmed Saleh, Sr. Chief Prosecutor at Family and Juvenile Prosecution, and Maitha Al Suwaidi, social researcher in the Family and Juvenile Cases Department.
Traffic Prosecution
Counselor Salah Bu Farosha Al-Falasi, Senior Advocate General, Head of Traffic Prosecution, presented several tips and advice
in order to spread legal awareness on traffic cases, within the
legal awareness campaign in cooperation with the Community Development Authority, in the Rashidiya Majlis. Thuraya Abdul Rahim Al-Zarouni, Senior Prosecutor, at Traffic Prosecution, presented some educational and awareness messages to the
public. In an interactive session, inquiries were responded and some vague points with the audience were clarified.
Naturalization & Residency Prosecution
Dubai Public Prosecution, in cooperation with the Community Development Authority, concluded its legal awareness campaign, in the Rashidiya Majlis, with a topic on the Naturalization and Residency Law, as Counselor, Dr. Ali Humaid bin Khatim, Senior Advocate General and Head of Naturalization & Residency Prosecution, addressed during the session the issue of the rights and duties of the sponsor. At the end, commemorative shields were exchanged between Dubai Prosecution and Community Development Authority
Public Prosecution Meets Representatives of Consulates
Dubai Public Prosecution organized an educational meeting for the representatives of a group of diplomatic consulate generals operating in the Emirate of Dubai, with the aim of providing them with a comprehensive overview of the laws and procedures of the Public Prosecution in Dubai, as well as the updates that have taken place and the prosecution's efforts to implement the best judicial practices
Lecture on Ten Commandments of Governance
Dubai Public Prosecution organized a lecture for its employees on the “Ten Commandments of Governance” of
His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President, Prime Minister of UAE and Ruler of Dubai, delivered by Dr. Ali bin Sebaa Al-Marri, CEO of the Mohammed bin Rashid College for Government Administration. The lecture comes from the department's keenness to implement the commandments in the field of government work, as Dr. Al-Marri reviewed
the importance of His Highness’s wise vision, its circulation, application and transformation into a scientific method in order to enhance the march of excellence in government work.
Dubai Legal – Issue 32 11


INTERVIEW
He confirmed that the state would send the "Hope Probe" to Mars in July 2020
Director General of the UAE Space Agency Dr. Mohammad Nasser Al Ahbabi:
UAE Space Law will come to light soon
Interview: Rana Ibrahim - Photography: Muhammad Arqawi
With the acceleration of research, explorations, uses of outer space, emergence of possibilities of life on other planets, wealth on those planets, and with the emergence of human trips to the outer space, as well as in light of the urgent efforts of the UAW to reserve a seat for itself in the tourism sector in space, and its willingness to send a Probe to Mars next year, the need to enact a law regulating the local space sector came. Therefore, UAE Space Agency assumed the responsibility for developing the space law in the UAE, which
is the first space laws in the world, and will soon come to light, defining the legal frameworks and legislation for the space sector in line with federal policies, international laws and
regulations.
About the details of the law, “Dubai Legal” met Dr. Muhammad Nasser Al Ahbabi, Director General of the UAE Space Agency, who confirmed the endeavor of UAE Space Agency to lay down sound legal foundations regulating the local space sector and contributing to direct workers in the UAE space sector on studied legal foundations. The agency also seeks to attract foreign investment for those
wishing to undertake space activities in the UAE, as well as to encourage them to enter into partnerships with UAE entities. He says: The space law in the UAE has been
prepared in accordance with the best international foundations and standards, and we worked in the
stage of preparing this law to review all space laws in the countries, we conducted workshops with
international experts, as well as local experts, because the law assumes the local character and we cooperated with the private sector as well as
we sought the help of the academic sector, as we participated with them in drafting the articles of the law. The law passed through the preparation stage and we obtained the approval and currently in the final stages of issuance.
12 January – 2020


Law of Future
Dr. Al Ahbabi also emphasized that the UAE Space Law is
a local law, but it is derived, consistent and in harmony with international regulations, including international treaties that the UAE has signed as well as international obligations, as it does not violate it, rather harmonizes it, protect and encourage the investor.
Dr. Al Ahbabi explained that the law includes all space activities, as he says: The UAE Space Law is the law of the future, as it includes space activities that do not exist at the present time. The law talks about space tourism, defines the standards of space trips in terms of laws, insurance and risks. It also determines the space flight mechanism so that it not be random. It also regulates the process of launching and recording satellites as well as the technical standards that prevent the process of space debris, in order to ensure its suitability with international treaties on space. The law will also regulate the space sector, such as registering satellites and ensuring that the required licenses are obtained.
Law & Sustainability of Space
On the importance of law in sustaining the space and investing in it, Al Ahbabi says: Space is a catalyst for sustainability on the ground, for example: education is one of the goals of sustainability, and space contributes to education through communications that connect schools and universities in
areas where there are no possibilities for communication. Consequently, the remote places have the ability to learn, in addition to the satellite images that are used in the areas related to agriculture to help researchers in determining the suitable places for cultivation and water resources, so space is a tool for sustainability on earth.
He adds: The sustainability of space will ensure its ability to provide assistance to the planet as well as provide the information it needs. The greatest challenge facing space
is space debris, manifested in the remains of satellites
that have been destroyed, as well as space objects that revolve around the earth in a random manner. These objects constitute danger to the satellites exposed
to collision with these objects. Therefore, states
put laws and regulations to reduce this
phenomenon, and set technical standards
for satellites for post-life. We in the UAE are
working in partnership with the private
sector to organize this process by setting
regulations and guidelines for operators to
ensure that satellites are in line and follow
the best safety regulations and laws. We
also work closely with the United Nations to
regulate the global space sector.
Space Projects
About the UAE projects in space, Al Ahbabi says:
UAE is working to build a potential society in space, as the state has 16 satellites, in addition to manufacturing satellites locally. We have 1500 people working in space, and women represent 46% of workers in this sector. We have 50 companies operating in the space economy. In July 2020, UAE will witness a global event represented in the launch of the "Hope Probe", which
is the first Arab project of its kind to explore the planet Mars,
to reach the orbit of the red planet during the first quarter
of the year 2021 to coincide with the year of the country's golden jubilee. This unique project aims to collect information about the layers of the atmosphere of Mars, study to know the reasons for the loss of hydrogen gases and oxygen gases, which are the main components of water from the upper layer of the
atmosphere of Mars. For the first time, a space mission will provide the international scientific community with an
integrated picture of the atmosphere of the Red Planet ... The "Hope Probe" is expected to send more than
1,000 gigabytes of new data about Mars.
Hazza Al Mansouri was a member of a three-
person crew that was launched on a missile from the Baikonur Space Center in Kazakhstan.
After an eight-day mission during which he became the first Arab to visit the International
Space Station, where he participated in scientific experiments, including a study of
time and age.
In 2020, the UAE aims to become the
first Arab country to launch an unmanned Probe, called "Hope", to Mars before
returning to the earth the following year. It also plans to build a "science city" to clone life on Mars, as it hopes to build a human settlement by 2117.
Dubai Legal – Issue 32 13


REPORT
As Part of Knowledge Summit 2019
Dubai Public Prosecution Participates In A Session On: “Rule of Law to Achieve a Comprehensive & Solid Sustainability”
Dubai- Rana Ibrahim
The proceedings of the “Knowledge Summit” recently held in Dubai, under the patronage of His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President, Prime Minister of UAE and Ruler of Dubai, and under the guidance of His Highness Sheikh Ahmed bin Mohammed bin Rashid Al Maktoum, Chairman of the Mohammed Bin Rashid Al Maktoum Knowledge Foundation, held a session entitled “Rule of Law and Justice to Achieve Comprehensive and Sustained Sustainability”. It addressed a number of themes, including: How do laws support sustainability? The most ambitious policies and laws in the world, and specifically in the UAE?, legal awareness of access to justice, other
than the theme of monopoly and how to curb this type of trade and present innovative solutions to create legal empowerment?
Dr. Ali Humaid bin Khatim, Senior Advocate General at
Dubai Public Prosecution, stressed that the UAE rule of law has contributed to promoting comprehensive sustainability in the state in all its aspects, adding: We see that the law is a set of rules that regulate the conduct of individuals between them and the state. These rules have rights, liberties and obligations as well. The rule
of law is that the law applies to everyone, there is no difference in the application of this law among people, and other entities, such as government and private institutions and the like. Therefore, we consider that the rule of law and sustainability are interrelated and
indivisible. Whenever the law exists and allows the application of this law, we find sustainability.
Bin Khatim touched on the second principle launched by
His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President, Prime Minister of UAE and Ruler of Dubai, within the eight principles of governance in Dubai, i.e. the principle of “No One Is Above Law”, wherein he says: Justice is the basis of a strong and proud nation, and guarantees prosperity and stability. No one is above the law in Dubai, Starting with the ruling family. The
14 January – 2020


law does not discriminate between citizens and residents, rich and poor, male and female, Muslims and non-Muslims, in the application of law. Justice delayed is justice denied, . “Injustice anywhere is a threat to justice everywhere. I renounce unfair practice or conduct of any person, and the ruling family shall likewise renounce any form of injustice as long as it governs the Emirate.
Governmental Initiatives
Bin Khatim pointed out that government agencies and institutions have contributed to strengthening the rule of law through the implementation of many initiatives that have contributed to enabling its citizens and residents to obtain justice in all aspects of their professional and societal lives. These initiatives included updating the electronic systems that receive complaints and reports, as well as ensuring it to be free of charge, especially that complaints systems receive many labor complaints that require prompt consideration, indicating that labor cases are exempt from any fees in state courts. Mobile courts have also been created
for workers which move to their residence. Bin Khatim discussed about the services provided by most government departments for the rule of law and its promotion, manifested in its websites that provide two types of services, namely the complaints service and the suggestions service, through which any person can submit his
Dr. Ali Humaid bin Khatim, Senior Advocate General, Dubai Public Prosecution
suggestion to develop the work or so or his complaint related to the violation of a right or any matter that affects sustainability, and this matter is viewed with importance and follow-up.
Sustainable Legislation
Bin Khatim stressed that today we see sustainability in
the existing legislation, adding that: in conjunction with the development being witnessed by the UAE and Dubai in particular, we opine that there is a need to prepare future legislation. Therefore, UAE moved to launch a laboratory for legislation, and its role is to unify all the legislation under one umbrella, and it works on creating legislation related to development at the local level and in the artificial intelligence. Currently we have autonomous cars, except for the use of artificial intelligence in the medical field, and also the use of artificial intelligence in three-dimensional printing; these matters need to be regulated by legislation in order to be sustainable in the process.
Law is The Mirror of Society
For her part, Fari Mayne Garcia, Partner with Denton Law Firm, said that enforcement of law plays an important role in social and economic development, noting that the introduction of new laws such as family violence laws, compulsory health insurance and others are a mirror of what is happening in society. Garcia also explained that nationalization laws support the wheel of economic and social development in countries, especially, it provides employment opportunities for citizens, and also provide them with training that helps them to do business in order to develop their skills.
Ludmila Yamalova, Founder and Managing Partner of “HPL” stressed that achieving societal and occupational safety is one
of the most important features that distinguishes Emirati society, which contributed greatly to creating decent living opportunities, and preserving the future career from turmoil and insecurity.
Fari Mayne Garcia
Ludmila Yamalova
Dubai Legal – Issue 32 15


REPORT
It Saved Lot of Time & Effort
Judicial Authorities Participate in GITEX 2019 With Its Smart Services
His Highness Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, inaugurated
on October 6, 2019, the thirty-ninth edition of "GITEX Technology Week 2019", and fourth edition of "GITEX Future Stars Exhibition", with the participation of 4,500 companies from 100 countries. The inauguration ceremony was attended by a group of global leaders, government officials, experts, specialists and innovators in the Information & Communication Technology (ICT) industry.
His Highness Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum expressed his admiration for the continuous development of the event, which is unique
to its position as the most important gathering of the technology makers as well as developers at the region level and one of the most important global events concerned
with modern technologies with all its value as a locomotive for development and a major driving engine for human development. His Highness said: «The exhibition industry in Dubai has gone through a great development from a space to provide platforms that offer new products and promote it, to creative arenas to meet ideas, exchange experiences,
16 January – 2020


and discover opportunities and an environment in which visions interact to find solutions that help people face challenges in all fields.
It is worth noting that "Dubai Courts" showcased two of its latest smart services, "Smart Marriage" and "Shared Seizing System" as a qualitative move towards facilitating litigation procedures and enhancing the efficiency of judicial system, in line with Dubai’s accelerated economic development needs.
H.E. Taresh Eid Al Mansouri, Director General of Dubai Courts said: "The Smart Marriage" and "Custody and Shared Seizing System" services are a powerful impetus for Dubai Courts’ smart transformation initiative launched to make traditional court procedures digital. Our initiative is anchored on Dubai Paperless Strategy, which aims to harness modern technology to build an integrated and paperless government system. The Strategy seeks to establish a smart government in Dubai to provide the public with services beyond their expectations. This is in accordance with the directive of H.H. Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai.
The importance of the service ‘Custody and Shared Seizing System’ lies in being it an electronic system, first-of-its-kind available in Arabic and English, enables customers to manage bookings, subscriptions, judicial sales in a new single and unified platform. The platform, which consolidates the funds, automates the processes of seizure and sale of funds, and distributes the proceeds, aims
to safeguard the rights of the parties to the joint funds, accelerate relevant processes, and ensure the rights of all concerned individuals accurately and soundly.
The Dubai Court plans to introduce the ‘Smart Marriage
system by 2020. Under the system, a smart marriage contract will be issued electronically to avoid paperwork by 100%. The smart application, which can be downloaded by the customer, will allow the entry of data of the husband and the wife through their assigned ID number. They can also choose their preferred authorized officials from the innovative system’s list of 84 persons allowed to perform
a marriage ceremony in Dubai via social networking
sites. Afterwards, they will have to coordinate with the authorized person, who can go directly to the venue without the need to submit any papers. The payment for the contract will also be done via the app. The contract will then be directly e-mailed to the husband and the wife.
Dubai Public Prosecution also participated, for the 19th time in a row, at the GITEX Technology Week 2019 in its thirty-ninth edition, bringing new series of smart services that absorb a wide range of partners and customers, in implementation of the directives of His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President, Prime Minister of UAE and Ruler of Dubai, to transform into a smart government. Among the new services of the Public Prosecution this year are three pioneering initiatives that are entirely managed by artificial intelligence; Smart Investigation in rulings of Penal Order for cheque cases less than 100 thousand dirhams, artificial judgments, and chatting with artificial intelligence via "WhatsApp".
Abdul Karim Al Saeedi from the IT Department stressed that DPP seeks through its participation to be the smartest and happiest one by showcasing its new and innovative projects and services in the race for technical and smart competition, including the service of Smart Investigation via artificial intelligence technology in cases of Penal
Order, by sending a link to the accused as soon as the file is received from the police, as the accused will be able to
Dubai Legal – Issue 32 17


REPORT
appear before a prosecutor remotely.
Once the person agrees to the smart investigation,
he is recognized by scanning his face through advanced technology linked to the identity system, then verifying his identity card, and the investigation procedures start after he pays the due fees, pointing out that the procedures currently used in this type of cheque cases, less than 100 thousand dirhams, which requires the presence of the person to represent himself in front of the prosecution.
He added that the second initiative is to file an objection on the ruling of the Penal Order, with a similar link that the person enters. He will enter the attachments required to file the objection on the ruling without the need to attend.
Dubai Public Prosecution has also launched a pioneering service of its kind at the level of the Middle East, which is communication through the App. "WhatsApp", which is available to all members of society through
the number of the Public Prosecution. The person can inquire about anything and the artificial intelligence shall respond to him, pointing out that there are frequently asked questions needed by the audience. It may be that the phone calls aren’t helpful, therefore, he is able to chat on WhatsApp and get adequate answers within seconds thanks to artificial intelligence.
Dubai Public Prosecution, in cooperation with the General Headquarter of Dubai Police, also launched the “Smart Report” service, which is an smart electronic system that enables the police personnel to send reports of severe traffic accidents leading to death and injuries, to the prosecutor so that the necessary inspection procedures are taken as quickly as possible. The application mechanism begins after the police arrive at the accident site, as the traffic policeman logs in via the smart application to start
entering the data, accident site, type and number of injuries, photographing and downloading the pictures
and videos of the accident, filling in the parties data and then sending the report to the traffic prosecutor, as the prosecutor will receive an alert about the report wherever he may be and at any time, so as to evaluate the report and take the necessary action, then send back the reply
to the traffic police officer immediately. The ‘smart report’ contributes to speeding up the procedures of investigation and inspection of severe traffic accidents and reduces the resulting traffic.
The participation of the Abu Dhabi Judicial Department in GITEX 2019 included the showcasing of its latest digital services for the Child Visitation Center, which allows applications through the website and the smart application of the Judicial Department, to ensure that customers request and complete the service from anywhere in a fast and easy way, in order to achieve the sustainability of the development and improvement process as well as quality performance through a work system that leads to progress in an orderly and integrated manner, notary procedures and judicial inspection.
Maryam Al-Ali from the Abu Dhabi Judicial Department said: The Judicial Department presents the judicial inspection program via smart systems, which provides access to the data of the judiciary, the court
and prosecution departments through smart phones
and tablets, so as to ensure the speedy completion of all operations related to the judicial inspection department, facilitate the follow-up of litigations. The program that provides its services to the Inspection Department, provides different powers to the users, as the data that can be accessed varies according to the authority, with the ability to access the data of the courts and prosecution departments, register complaints and grievances,
general and technical inspection records, registering the
18 January – 2020


disciplinary penalty, as well as the ability to extract all kinds of statistical reports.”You can also get to know the most important global judicial indicators applied in the Judicial Department, rate of deciding the cases, percentage of cases completed during the specified time periods, as well as the percentage of using IT systems in the courts. There are also services provided via the digital platform relating to the notary public at the headquarters of the Judicial Department, which provides 63 approved forms
of commonly used transactions, it is automatically approved by the system without the need for prior review, with the possibility to choose the clauses
of attorney, as well as electronically linking the platform to a number of relevant authorities with a view to meeting the personal data of the parties or transactions, while providing it with an ID card reader to automatically download data from the population registry, as well as commercial license data.
During the participation in GITEX, the
Department of Legal Affairs of the Dubai
Government raised the slogan "Dubai Paperless",
stressing that in the coming period, all its services
will be electronic and paperless, because the
department has placed at the forefront of its priorities
the continuous development and modernization,
keeping pace with the latest technologies, tools and
digital systems, realizing the qualitative achievements
in the digital transformation process, as the results
and statistical indicators indicate that the percentage
of use of digital services by the department's customers has decreased very much, from the total services provided to government entities, practitioners and the public, in
line with the strategic directions that seeks to achieve
the vision and aspirations of the wise leadership. The department was able to provide all its services through one application, saving the time and effort needed to complete the transactions, as the services include a "government agencies portal" that enables government agencies in the Emirate of Dubai to submit and follow-up requests for the purpose of obtaining governmental legal support services. The department also provided the public with a smart portal to file complaints against government agencies, it has also developed the smart platform for voluntary legal services, which it has developed with the aim of activating its role in sustainable volunteering and ensuring legal assistance to those wishing to obtain it from members
of the public through a permanent and innovative smart channel, which allows the public access to voluntary legal services provided by law firms and legal advice licensed in the emirate in various legal disciplines. In addition to the
legal profession licensing system, which allows lawyers and legal advisors in the Emirate of Dubai to obtain the services of registering lawyers and legal advisors, or applications for licensing law firms and legal consultancy digitally.
The Ministry of Justice also participated with a platform that provides its visitors with a package of smart judicial services, which enhances the role of modern technologies in managing the judicial work, achieving the desired benefit from smart services, as an ambitious and integrated project at the work levels in the ministry and all federal courts and prosecutions in the country, within a set of smart and electronic services that is provided to the public dealing with the ministry’s services. The ministry’s platform for this year offers a new competition at the level of smart services readiness, adopting technological innovation through applications of customer services, researchers,
and others. During the current year, the ministry has
been keen to launch a sophisticated package, ensuring speedy accomplishment, both at the level of individuals or strategic partners.
Dubai Legal – Issue 32 19


REPORT
In Order To Build A World-class Judicial System
Establishment of a Civil Case Management Office In Every Court
Counselor/
Essa Mohammad Sharif Chief Justice, Appeal Court, Dubai
By setting up a case management office in every court, the Emirati legislator has aimed to establish a distinguished and universal judicial system, facilitate the judge’s work as well as shorten the length of litigation by preparing the cases before the start of the trial, whereas the case would be ready to be decided before the court from the first session, as the office would carry out the judicial summons, as it is also entrusted with receiving the notes and entrusting the parties with exchanging the memos, as well as assigning the experts, because these procedures were previously taken by the judicial department after fixing the first session, which was leading to the delay in adjudication of cases, postponing the summoning procedures and responding to the requests.
Article 42 of Federal Law No. 10 of 2014 on the Amendment of Certain Provisions of the Civil Procedures Code issued by the virtue of the Federal Law No. (11) of 1992, stipulated:
1. By virtue of a decision issued by the Minister of Justice or the chairman of the local judicial authority,
each within the competence thereof, an office called “Case Management Office” shall be established at the headquarters of the competent court. The decision shall specify the working system of the Office.
2. The Case Management Office shall be formed of a chairman and a sufficient number of the court
20 January – 2020


employees including those working in the legal field or others, under the supervision of the chairman of the competent court.
3. The case management office shall be in charge of preparing and managing cases, including registering the cases, serving notices, and exchanging memorandums, documents and expertise reports among the disputing parties.
4. The competent judge may impose a fine upon the defaulting party as specified in the Article (71) of this law.
5. Should the lawsuit involve a preliminary motion filed by any of the disputing parties, an urgent request
or a request of joinder of a party against whom the lawsuit was not filed, or should the defendant fail
to appear after being summoned in person or the litigation proceedings be interrupted ipso jure by the death of one of the disputing parties or by their loss of capacity to sue or be sued or by the loss of capacity of the attorney who was undertaking the proceedings before the referral of the case, the
case management office shall refer the case to the competent judge after setting a date for a session to settle all the aforementioned matters. The judge may return the case to the case management office to complete the case preparation procedures according to the circumstances.
Some jurists have defined the civil lawsuit management as: “a set of legal procedures that a competent judge or
a highly qualified employee performs, since the case is registered in the court, and it aims to early control of the lawsuit by gathering the parties to the conflict, identifying the points of dispute and agreement, specifying the essence of the conflict, collecting the means of evidence and documents, providing the opportunity to resolve the dispute between them by one of the alternative ways of litigation, or referring the file to the trial court after preparing it and fixing the schedule of litigation sessions in front of it, with the aim of ensuring that the case proceeds in a sound systematic way
as well as ensuring the settlement in the fastest time and less costs, whether for the court or the litigants”.
It is noted that the Case Management Office operates under the supervision of the chairman of the court and
it consists of a chairman and a sufficient number of court employees including those working in the legal field or others. The chairman of the court may assign the office tasks to one or more employees whenever the size of the work requires
that. The person who initiates the case management is also named Case Manager. The office of the case management
is entrusted with the tasks of registering the case, preparing
it and managing it. It includes: assessing and collecting the prescribed fees according to the law, registration in the special record - electronically or manually in one or both of them - according to the circumstances, writing the summon according to the rules and delivering it to the entity entrusted with its execution, along with attaching the case sheet and any documents submitted, at the same day or the next day at the most, instructing the defendant to submit a response note to the case with all documents attached to the case manager, within a period not exceeding ten days from the date of serving the notice, taking into consideration the urgent
cases. The case manager shall call the litigants with the aim of completing the data, documents, expertise reports, memos, fixing the date of the first session before the court after the expiry of the deadlines for exchanging the notes and other preparations within a time frame that does not exceed one month unless the circumstances of the case require a longer period, in which case the matter must be presented to the competent judge.
Receiving requests for rejoinder, intervention, leave, write- off, incidental requests and the documents accompanying
it, taking the necessary measures of the case, notifying the Public Prosecution in cases where the law requires notification thereof, verifying that documents and papers in a language other than Arabic are translated by a certified legal translator.
Verifying that the documents and papers submitted are duly certified if it was issued from outside the state or were issued from within the state and there is a requirement for
its certification, meeting with the parties and limiting the points of agreement and disagreement, defining the essence of the dispute according to the form prepared as per the requirements of the circumstances of the case, provided that this does not take a long time of litigation and sending the case file to the competent court as soon as possible.
Dubai Legal – Issue 32 21


LEGAL VISIONS
Lawyer: Abdullah Hassan Bamahdaf
Regulation of Competition Law Between Generalization and Exception
Trade Agencies Law
The Federal Law of 2012 on Regulation of Competition was issued on 10/10/2012, in order to protect, enhance the competition and fight the monopoly practices as well as to provide a motivating environment for establishments so as to enhance efficiency, competitiveness, consumers’ interests, achieve sustainable development for the state, control the economic concentration process and avoid all what might violate, reduce or prevent competition.
Among the most important things that were excluded from the application of the provisions of the law in accordance with what is stipulated in the second paragraph of the Article (4) of the law are conducts initiated by the Federal Government or a local government of an Emirate, and acts carried out by establishments based on a decision or authorization granted by the Federal Government or a local government of an Emirate, or under the supervision of one of them, including the acts conducted by the establishments owned or controlled by the Federal Government or a local government of an Emirate
according to the controls specified by the Cabinet
Article (5) of the law prohibited the restrictive agreements
between establishments whose subject or aim is violating, reducing or preventing the competition which aims to limiting the sale or purchase price of the products and the services, directly or indirectly, by causing an increase, reduction or fixation of the prices to the detriment of competition or Restricting the free flow of products and services to a specific market or withdraw the same from the said market in order
to hide or store them unlawfully, or refrain from dealing with
22 January – 2020


the same or create a sudden abundance of such products and services that lead to trade the same in unreal price. The second para of the above mentioned article stipulated as follows:
In conformity with the provisions of the aforementioned Federal Law no.18 of 1981, restrictive agreements between establishments aiming at violating, reducing or preventing the competition, shall be prohibited which aims to dividing the markets or allocating customers depending on their geographical area, distribution centers or customers’ type, seasons or periods of time or any other basis that may adversely affect the competition.
Article (6) of the law also stipulates that No establishment enjoying a dominant position in the relevant market, or in
an important and influential part thereof, shall be allowed to conduct any acts or works that may lead to an abuse of the position and to the violation or reduction or prevention of the competition, particularly those aiming at imposing the prices or terms for reselling products and services directly or indirectly or selling a product or a service for a price that is lower than its real cost in order to obstruct the entry of the establishments
to the market or to exclude them from it, or to expose them
to big losses that makes it difficult for them to carry on with their activities or unjustifiably refraining from buying or selling products or services or restrict or obstruct such dealing in
a way that causes prevail of unreal prices or decreasing or increasing the available quantities of the product in order to create a virtual shortage or abundance of the goods
Articles (16) to (21) of it stipulated varying fines not less than ten thousand dirhams and not more than five million dirhams for anyone who violates the aforementioned articles and the penalties stipulated in Law No. (4) of 2012, will double in the event of recidivism.
The Regulation of Competition Law aims to provide a motivating environment for establishment in order to enhance effectiveness and competitiveness as well as the interest of the consumers and thus achieve sustainable development
in the country, maintain a competitive market governed by market mechanisms in line with the principle of economic freedom by prohibiting restrictive agreements and prohibiting businesses and conducts that lead to abuse of a dominant position and control the processes of economic concentration and avoid all what might violate, reduce or prevent the competition, as stipulated in the first and second articles of the aforementioned law.
The Regulation of Competition Law included (33) articles, all of which were balanced and compatible with the law of trade agencies and other laws in force. The law also stressed the imposition of criminal penalties ranging from fines that may reach five million dirhams to the closure of the violating establishment with giving the right to all who have an interest to file a complaint with the ministry regarding any violation
of the provisions of this law, in accordance with the controls
set by the executive regulations of the law and the decisions issued in implementation thereof.
On the other hand, what is worth noting, rather emphasizing is the keenness of the wise leadership of UAE led by His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the State, and his deputy, His Highness Sheikh Mohammed bin Rashid Al Maktoum, to develop the national economy, enhance its competitiveness to reach to the highest ranks, as well as enhancing the investment environment in the state and supporting it with a modern economic legislative system, whereas, the Law No. (4) of 2012 was one of those systems that regulated the competition, combated monopolistic practices by providing a stimulating environment for establishments, reviving the market, achieving sustainable development in
the state and maintaining a competitive market governed by market mechanisms in line with the principle of economic freedom by prohibiting restrictive agreements and by prohibiting businesses and conducts that lead to abuse of a dominant position and controlling economic concentration processes and avoid all what might violate, reduce or prevent the competition.
It is important to note that the second paragraph of Article (5) of The Regulation of Competition Law stipulated the following:
In conformity with the provisions of the aforementioned Federal Law no.18 of 1981, restrictive agreements between establishments aiming at violating, reducing or preventing the competition, shall be prohibited in particular those targeting the dividing the markets or allocating customers depending on their geographical area, distribution centers or customers’ type, seasons or periods of time or any other basis that may adversely affect the competition. The conducts and actions
of the exclusive agents registered in the register of trade agencies in the Ministry of Economy do not actually do what has been prohibited by articles five and six of the Regulation of Competition Law for establishment carrying out any actions or conducts that lead to breaching or limiting the competition as
Dubai Legal – Issue 32 23


24
January – 2020
1.
The Agencies Law is not considered a monopoly case because the Agencies Law is a constitutional law and this is what the Supreme Federal Court
also decided by appeal No. (1920) as it ruled for the constitutionality of the Agencies Law No. (18) of 1981 and its amendments. On the other hand, we do not find that there are provisions in the Agencies Law that support the idea of an agreement to limit the competition to control the market, by gathering the products and locking it to raise their price so that there is a monopoly.
Article (5) of the Trade Agencies Law stipulates the following: “The Principal shall be allowed to have one agent in the state as a one territory, he may have one agent in each emirate or in a number of emirates, provided that distribution of the relevant goods and services shall be restricted to the agency area. The manufacturer or the exclusive source of a specific commodity, for example, may have one agent in the UAE, and he may appoint an agent within the Emirate of Abu Dhabi and another agent in the Emirate of Dubai and the northern regions, or he may appoint one agent in each of the emirates of the state, this
2.
LEGAL VISIONS
stipulated in the aforementioned two articles. Accordingly, Federal Law No. (18) of 1981, and its
amendments regarding the regulation of trade agencies, do not prejudice or limit he competition, because the law does not protect monopoly, enhances the consumer rights and provide alternatives.
According to the following:
practically breaks monopoly and enhances the rights of consumer and give him the freedom to choose to buy the item at a reasonable price from any agent in any of the emirates.
3. In order to prevent monopoly, the Ministry
of Economy does not register the necessary commodities of basic food for the public consumer such as rice, sugar, flour, subject of contracts for trade agencies in the trade agencies register, because these necessary goods are needed by consumers for their daily food, and the UAE market has alternatives that can be obtained easily for what is considered a food item and does not affect its daily consumption. The state markets have many alternatives for non- essential foodstuffs that the consumer does not need for their daily food.
4. In recent years, global trading systems have become more open. Manufacturers and producers outside the country are giving non-exclusive trade agencies to the UAE and to more than one non-exclusive distributor within the country. Thus, this trend by these manufacturers and producers outside the country by giving non-exclusive agencies and to more than one distributor leads to breaking the monopoly.
Accordingly, we can say that according to the aforementioned in the above-mentioned items, the Trade Agencies Law does not lead to monopoly, and it is considered an exception to Federal Law No. (4) of 2012 on regulating
the competition as stipulated in articles five and six of the Regulation of Competition Law.


By: Adel Ali Al-Sumaiti OVERVIEW UAE Writer
TYPE OF MANAGER (FIRST EPISODE)
I hope that your mind will not go far away, dear reader, because I want to put here before you some examples of the favorite category of some male and female managers. When I say (male or female manager), I do not necessarily mean and specify the head of the institutional pyramid, but rather that includes
all the employees who are responsible for managing people, without specifying the numbers. Perhaps each manager has his preferential criteria for selecting people close to him, some of the criteria may be logical, especially if they are related to qualitative and quantitative production, others may be close to accuracy and correctness. Therefore, we will review with you some of those types that have privileged with dealing with it in some detail.
Disciplined Employee
There is no doubt that most of us love discipline and always prefer an employee who respects work schedules, so you will find him available before work begins, and he does not leave until after the end of working hours. This is undoubtedly a good thing, especially if it is associated with high productivity, but the problem is if the commitment to deadlines is the image that the manager is looking for without focusing on what the employee does during the work period and what he accomplishes!
Accomplisher Undisciplined
In contrast to the first model, here we are facing an employee who is not bound by work timings. So you find him late to attend and may leave before the time ends sometimes, but he is accomplishing like the first model, so all his work is performed well and ahead of time, and even some affiliates
of this type, you will that he has completed his work for the next two weeks . Actually I encountered some officials who
are concerned with the accomplishment only without looking at the times. The problem is clear here that this employee presents a bad image to some of his colleagues who compare their discipline with that undisciplined employee, however the manager prefers him, and so as to avoid that embarrassment of the manager, the idea of flexible working time can be applied with this type of employee. There are even some international institutions that ask employees for daily working times, it does not matter whether they are continuous or intermittent, be it in the morning, evening, or both times.
Employee with Few Leaves
This model is loved by some officials, rather he is even considered a model who is praised and exemplified among other employees. But, dear manager, this does not mean that every employee whose vacation is repeated is considered bad one. The circumstances differ from one employee to another. Some have situations only known to God in terms of the environment he lives in, some suffer when he leaves one of his family members alone in the house, while he is ill, only to abide by working schedules, some others whose wife has died and he has full responsibility of the house. I am not here in the position of defending such employees. There are those who indeed have sudden leaves unnecessarily except that he wakes up from sleep exhausted due to his not sleeping on time the previous night and could not carry his body off the bed, so he sends a message via social media saying: (My mom is sick and I can't attend), which can cause confusion for the manager, especially if there is prior coordination for his colleagues going on vacation. But the comparison in general in front of the employees may be very painful at times, Mr. Manager. You have
to go deep more in order to realize things more clearly, you have to deal with every employee according to his conditions and you have to sit with every employee and discuss that issue with him.
Sycophant / Hypocrite
He is waiting for the manager around his car, so as to be the first to salute him in the morning. He goes to him at least five times a day, whether for work or otherwise, especially to talk about things the manager likes. He praises every action, decision or procedure taken by the manager, amplifying it and considering it correct. He takes advantage of the internal and external meetings to fill the hearts of the audience with the most beautiful words of praise for the manager and about his legendary achievements. He communicates with him after work to inquire about him, or to glorify all that the manager did.
Personally, I thought that this category had disappeared, so I was surprised that it existed and that it had developed its methods of dyeing and painting that suits the modern technologies!
I wish you know, Mr. Manager, and ask yourself one question: What did they achieve at the work level?!
(To be continued...)
Dubai Legal – Issue 32 25


LEGAL BOOKS
Human Trafficking Crimes
Comparative Analytical Study
In his book (Human Trafficking Crime... A Comparative Analytical Study), Counselor Dr. Muhammad Hussain Ahmed bin Ali Al Hammadi, places his hand strongly on the history of one of the most despicable and humiliating crimes in the history of humanity; Crime of Human Trafficking, as he reveals to us with evidence and proofs the origin of these crimes and how it was committed in many countries and societies, as well as the author explains how the people have been able to face it throughout the history with law and deterrent punishment, being it a heinous crime against human rights.
Counselor Dr. Muhammad Hussain bin Ali Al Hammadi
Advocde General
The book runs into 579 pages from the average pieces and it consists of an introduction, introductory research and four chapters, and each chapter is divided into several chapters and topics.
Dr. Al-Hammadi says in the introduction: (Human Trafficking is one of the criminal phenomena penetrated from ancient times, which affected by its evils and sins from long time, many countries and various societies, and it still cast heavy shadows and negative repercussions, not only at the national level, but also at the international level. Therefore, it can be described as a global phenomenon that penetrates
to all corners of the globe. No one; poor or rich country is
free of it either as a source of victims, or as a transit of that phenomenon, or a stage for committing acts of slavery
and exploitation. Thus, these crimes have become a fearful international threat to life, dignity and freedoms of millions
of victims from women, children, workers
and other groups most vulnerable to
exploitation, abuse and enslavement of
organized criminal groups).
The author explains the importance of the study by saying (Human Trafficking, in all its forms and dimensions, is an explicit violation of human rights and contrary to the moral values and social principles). Dr. Al-Hammadi notes that this study addresses weaknesses in the legislative confrontation so as to address one of the types of the organized crime, which is human trafficking crimes, despite the existence of a set of international documents that contain rules and measures to combat these crimes.
In the introductory topic (Historical Evolution of Human Trafficking), the author looks at the history of slavery
from ancient times to modern times, he also reviews the phenomenon of colonialism and apartheid, as well as the illegal trafficking of migrant workers.
In the first chapter (Essence of Crime of Human Trafficking) Dr. Al Hammadi seeks through several topics and chapters
to clarify the concept of crimes of human trafficking and define it in accordance with the provisions of Islamic Sharia, international instruments, as well as in accordance with national laws. Then the author lists the most important factors that lead to the spread of human trafficking crimes and their social and economic effects.
As for the second chapter, which came under the title (Elements of Crimes of Human Trafficking), the author
explained the saying of the supposed pillar, its elements and characteristics, as well as he
talked about the material pillar in these crimes, victims and traffickers and their
wages, explaining the general and special criminal intent as well as the criminal responsibility of the legal person in the French and UAE legislation.
In the Third Chapter (Penal Treatment of Human Trafficking Crimes), he reviews
in detail the penalties and punishments established in the UAE and Egyptian laws for those who traffic in human beings, the rules governing the application of the penalty,
as well as the mitigating and exempting conditions.
The final chapter reviews the (efforts to combat human trafficking crimes).
26 January – 2020


Responsibility of Air Carrier for
Terrorist Acts
An analytical study of international and national rules and provisions
The researcher, Amna Juma Hassan Bukatara, was able to present us with an interesting and important research in her book (Responsibility of Air Carrier for Terrorist Acts ... An Analytical Study of International and National Rules and Provisions)
Ms. Amna Jumaa Hassan Bukatara
Chief Prosecutor Assistant
She says in the introduction of the research prepared by her: (Air transport, since its existence, played the main role in delivering and transporting the passengers and goods from
the far north of the world to the far south, from its east to its west, given its excellent speed that enables it to overcome the distances and geographical borders easily and in a record time, compared to other means of transportation. It is also considered the most secure and meeting the safety requirements, especially after the continuous and successive development of the aircraft industry ... Despite all these advantages, the global security
in the recent period has witnessed, in general, many security threats such as terrorist crimes that emerged from sectarian and ethnic conflicts on the one hand, and political and international disputes and conflicts on the other hand)
The writer stresses (although the terrorist act has existed for a long time, but since the events of September 11th, it began to take very dangerous forms, as the terrorist organizations have found their way to paralyze air traffic,
given that the stability and safety of
this navigation is a matter of national
security for all countries of the world,
being it the first commercial and
economic tributaries of any country.
The seriousness of terrorist operations
and its effects on air navigation has
been compounded by the increase
in the rates of terrorist operations,
which has significantly affected that
navigation).
The book consists of an introduction, introductory chapter
and two other chapters. Each chapter consists of several topics, branches and subjects. In the introductory chapter,
the author reviews the essence of terrorism and its concept related to air transport, then she defines the western legal jurisprudence of terrorism, as well as Arab legal jurisprudence, essence of air accident and the distinctions of accident in the airspace.
As for the first chapter, it is titled (Content of the air carrier's responsibility for terrorist acts), it reviews the commitment of the air carrier to ensure the safety in accordance with the general rules, the contractual basis for the obligation to guarantee
safety in national legislation, then the second topic deals with the breach of the obligation to guarantee safety as a result of the terrorist act, as well as breach of the commitment to ensure safety as a result of a terrorist act on board the aircraft, and a breach of the obligation to ensure safety as a result of a terrorist act while boarding and landing on the plane.
Whereas the second and final chapter titled (Effects of the Carrier’s Responsibility for Terrorist Acts), the writer
reviews several topics and important issues such as compensation as an effect of the carrier’s responsibility for terrorist acts according to the Montreal Agreement, and compensation as an effect of the carrier’s responsibility for terrorist acts in accordance with the UAE legislation. In the second topic, the writer talks about the liability claim when the air carrier is responsible for terrorist acts, and who are parties to the liability
claim as well as competent one for the claim is the affected passenger or successor of the affected passenger.
Then the writer talks about the procedures for successive carrier litigation, the insurance company and the judicial jurisdiction according to international agreements, and finally judicial jurisdiction in accordance with the UAE legislation.
Dubai Legal – Issue 32 27


INVESTIGATION
Dr. Ahmed Moselhi
Assistant Professor of Law at Abu Dhabi University
Illegal Immigration
Its Causes and How to Confront it by Law
Since ancient times, man has been seeking to move from one place to
another in search of food for himself and his family, and thanks to this movement, civilizations were formed and societies emerged. As for the current era, the communications and transportation revolution has facilitated the movement of people and their mobility between the countries, especially after the requirements of life have increased and the human problems have become more complex in conjunction with the steady increase in the population and the deterioration of the economic conditions.
28 January – 2020


This phenomenon, and I mean the immigration of individuals, developed with the development of relations among the countries, as the migration in the beginnings
of the societies was an ordinary issue, as there has been no political organization in the concept of the state that spreads its authority over a specific land and organizes migration to and from it. However, the development of societies and the emergence of the national state in its modern concept has led to regulate this phenomenon legally and legitimately among the countries.
Initially, the industrialized and commercially developed countries in Europe encouraged immigration to it as a result of the human losses they suffered in the first and second World Wars and its need for labor. However, gradually these countries became limited to the labor, and the migrant worker became a competitor to the national workforce in these countries, thus, it tightened the procedures for immigration and residency there. As a reaction and as a result to a number of economic, political, security, religious and social reasons, the phenomenon of illegal immigration has grown and become a global phenomenon.
However, the steady increase in illegal immigration
made it turn into a problem for all the countries in the world, whether developed or developing one, especially after an illegal immigration trade has emerged based on smuggling the people by land, sea and infiltration to enter the territory of any country illegally (1).
Concept of Illegal Immigration:
There are many definitions of illegal immigration, but they are not very different in its content, as some have gone on to define it as: “Immigrants’ entry to the country without visas or prior or subsequent entry permits (2).
It has also been defined as: “Illegal immigration made illegally, given the difficulty of travel and the difficulty of legal immigration, as travel procedures were complicated, and legal migration became almost impossible” (3). Some of the jurists of international law have gone on to define illegal immigration as: “A person who does not have the nationality of the state
or who is not authorized to reside in it, infiltrates this country through its land, sea, or air borders or entering the state through one of its legal ports with fake documents or visas, and this immigration is often collective and rarely individual.” (4)
The Protocol Against The Smuggling of Migrants, Supplementing the United Nations Convention Against Transnational Organized Crime, defined the illegal immigration in Article 3, paragraph A as: “Unlawful entry of an individual from one country to another by land, air, or sea, and this entry does not carry any form of permits for permanent or temporary residence, as it also means failure to respect the requirements necessary to cross state borders (5).
It is worth noting that illegal immigration constitutes a crime punishable by both national and international law, and it is a cross-border organized crime. It is a criminal act that can
Dubai Legal – Issue 32 29


INVESTIGATION
be punished according to national laws, and any country that arrests a person who illegally entered its territories can take legal action against it and deport him, as well as punishing everyone who helped commit this crime.
Reasons for Illegal Immigration:
There are many reasons that drive migrants to illegal immigration, and this can be detailed in the following:
1. Economic Drivers:
The search for a livelihood is one of the first and most important drivers of illegal immigration. It is clear that the countries that witnesses this phenomenon are countries that lack development and suffer from lack of employment opportunities, widespread poverty and poor economic conditions in the country, low wages and living standards, moreover, it suffers from severe unemployment due to the large increase in the population, especially young people who have university qualifications, and the low level of services provided by the state to citizens (6).
2. Social Drivers:
Increase in population density with a deficiency in meeting the requirements of the society, such as unemployment, high housing prices, spread of diseases, lack of social services, low standards of living and the inability of young
people to marry, which drives many of them to migrate illegally in search of quick wealth.
There are other social causes, such as weak loyalty and affiliation with the infiltrating state, family disintegration and poor social relations in the environment in which the migrant has grown up.
3. Political Drivers:
Political causes are a key factor in immigration from developing countries to developed countries. Patronage, corruption, human rights violations, restrictions on freedom of expression, absence of democracy, persistence of emergency laws, civil wars and internal power struggles, are all issues that drive immigration, especially among those with higher education. All these factors drive many talented people, intellectuals, and others to leave their homelands and search for other shelters to meet their needs and express their opinions freely.
4. Psychological Drivers:
It is one of the most important factors affecting immigration in general and illegal immigration in particular. The deeper the emotion of bonding with the homeland and family bonding, it is difficult to make the decision
to migrate, although in some cases the family may push their children to migrate intentionally in order to improve the standard of life, especially after the overcoming of economic motives, lack of work opportunities, high prices and lack of an opportunity for a decent life. Some young people may decline to make the decision to migrate when they feel that it may lead to damages or family negativities, despite the financial gains they achieve.
The psychological drivers are most prominent in the suffering of young people that make him venture into illegal immigration, while he is aware of the dangers he might be exposed to during immigration, including:
• Feeling of inner alienation, and this may be due to the inability to adapt to the surrounding community, such as his family and friends.
• Feeling of frustration, social isolation, delusion of daydreams, irrational thinking and adventurism.
• Weak family and community affiliation (7).
International efforts to tackle the phenomenon of
illegal immigration:
Countries that suffer from this problem have concluded bilateral and collective agreements among themselves concerning illegal immigration, including (8).
30 January – 2020


An agreement between Egypt and Italy, the two parties agreed that the Egyptian side will resettle illegal refugees returning from Italy, provided that the Italian side will bear the costs of resettlement, and accordingly the Italian side settled the situation of thousands of Egyptian illegal immigrants in 2006.
There is also a bilateral agreement between Italy and Algeria, whereby the Algerians residing illegally in Italy were deported between 2008-2009.
Also, an agreement between Italy and Libya in 2003 to curb illegal immigration, which included the provision of technical and monitoring equipment to assist the Libyan government in eliminating illegal immigration.
Likewise, the agreement between Spain and Morocco is among the effective agreements in this field, as it was agreed to allow (3000) seasonal workers from Morocco for a period of (9) months to work in Spain.
There was also an agreement between Spain and Mauritania concluded in order to cope with a case of drowning of a ship on the Mauritanian coast carrying illegal immigrants to Spain. The two parties agreed that Mauritania would repatriate these people and Spain would bear medical aid for them.
On 6/21/2012, Turkey and the European Union signed an agreement to combat illegal immigration across the Turkish borders, after Brussels agreed to ease restrictions on granting visas to Turkish citizens to enter the European countries (9).
The European Union has concluded partnership agreements with the countries of the Arab Maghreb (partnership agreements with Tunisia 1995, Morocco 1996, and Algeria 2005). These agreements represent the legal basis for any cooperation between the European Union and these
countries, and they are subject to the unanimous approval
of the European Parliament. All partnership agreements state that respect for fundamental values and human rights is an essential component of cooperation between the European Union and the country concerned. Partnership agreements also contain articles on migration, which mainly provide
for enhanced cooperation to prevent and combat illegal immigration and establish a permanent dialogue between the European Union and its associated countries on this problem.
On the Arab level, and in view of the fact that Arab countries are greatly concerned with this phenomenon, whether in terms that there are illegal immigrants from these countries, or in terms of the fact that most Arab countries bordering the Mediterranean Sea are a transit point for
illegal immigration. On this basis, the Arab countries, in
the framework of the League of Arab States, have taken some steps to combat this phenomenon, as the ministers
of Arab countries concerned with immigration met in
Cairo on 19/2/2008 to discuss this problem and some recommendations were taken in this regard, including the establishment of a council of Arab ministers concerned
with immigration and Arab communities abroad, Arab coordination in the international forums of multilateral parties related to the topic of immigration and emphasis in negotiating with foreign countries that short-term policies that decide ways and methods to combat irregular migration are associated with long-term remedies for the root causes
of clandestine immigration mainly depending on the link between immigration and development. The Arab countries have cooperated with the European Union to combat illegal immigration within the framework of the Euro-Mediterranean partnership, and cooperation has been agreed among these countries on more than one occasion, such as the Barcelona Declaration of 1995 in which it was agreed to accept the return of illegal immigrants, commitment to agreement concluded between European and Arab countries (10).
1. Dr. Abdullah Saud Al-Sarrani - Relationship between illegal immigration and the crime of human trafficking- Naif Arab University for Security Sciences - Riyadh - 2010 - p. 8.
2. Dr. Othman Hassan Mohamed Nour, d. Yasser Awad Karim Mubarak - Illegal Immigration and Crime - Naif University for Security Sciences - Riyadh - 2008 - p. 17.
3. Dr. Ahmed Abdul-Aziz Al-Asfar-Illegal Immigration Spread, Forms, and Methods Used - 1st Edition - Naif University for Security Sciences - Riyadh - 2010 - p. 10.
4. Dr. Muhammad Fathi Eid - International experiences in combating illegal immigration - Naif Arab University for Security Sciences - Riyadh - 2010 - p. 50.
5. This protocol was adopted and submitted for signature, ratification and accession in accordance with the Resolution of the United Nations General Assembly at the 25th session on 15 November 2000.
6. Dr. Abdullah Saud Al-Sarrani - Previous reference - P. 106.
7. Dr. Najwa Hafez and others - Egyptian youth and illegal immigration (theoretical framework of the study) - The National Center for Social and Criminal Research - Volume 48 - First
Issue - Cairo - 2010 - p. 24:26.
8. Dr.. Izzat Hamad Al-Shishiny - International Treaties, Instruments and Covenants in the Field of Illegal Immigration - Naif University for Security Sciences - Riyadh - 2010- p. 153 and
beyond.
9. See website: www.mw.nl \ arabic \ bulletin. On 15-2-2018.
10. Dr. Muhammad Fathi Eid - International Experiences in Combating Illegal Immigration - Naif University for Security Sciences - Riyadh - 2008 - p. 78 and beyond
Dubai Legal – Issue 32 31


Radwan Sakhita
Is a Syrian lawyer who holds Syrian and German citizenship and is an activist in the field of Information Laws and European Union Laws. He holds a law degree and a member of the Bar Association in Syria, and he is preparing a Master of Information Laws from the Mainz University, Johannes Gutenberg, Germany.
Advancement of Countries Lies in Advancement of Its Legislations
General Data Protection Regulations in European Union
Where we stand in the Arab Gulf states, compared to it?
32 January – 2020
LEGAL STUDIES


Data is Authority. This is what the jurist say, and through the huge technical development and the ability to transfer information electronically, our personal information has become accessible to many companies, governmental and non-governmental departments. This may enable its holder to misuse it, leading to the loss of the principle of equality in the society, which prompted the legislators to enact data protection laws so that the individual is safe from being exposed to misuse or any pressure through it.
The European Union with its legislative bodies represented by the European Commission and the European Parliament were among the leaders in this field. After a series of deliberations, the General Data Protection Regulations, known in German as DSGVO and in English as GDPR, came to formulate laws applied to all countries of the European Union regarding the protection of personal data. The
enactment of its clauses started in 2015 and it was approved in 2016, as the following two years are considered a grace period, to be approved on 24 May 2018 as an effective date.
The regulation consists of 99 articles divided into 11 chapters, and according to the texts of the articles, the information that this regulation aims to protect is everything related to the person’s name, address, phone number, or even information through which the person’s knowledge can be accessed, such as the user’s IP address on the internet. The protection includes every act of data from storing, modifying, transferring or deleting.
Implementing the regulation on companies outside the European Union
This regulation applies to all data belonging to persons within the European Union. What is distinctive here is that the regulation also applies to companies that are not located within the countries of the European Union in the event they were engaged in a marketing activity using information related to people within the countries of the European Union or even provide a service or commodity to customers within Union.
This principle, called the "Market Principle"
It is mentioned in the regulation in Article 3, paragraph
2 within what is called territorial scope, where the article stipulated that the European regulation should be applied
to companies that do not have a branch in the countries of the European Union but that process the data for people residing in the European Union within its activity to market
a commodity or service targeted at customers within
the European Union, as the regulation concluded in the same paragraph that this matter also applies to them if
these companies monitor the activity of people within the European Union, and this is what we find within the activities of many companies that deal with statistics and marketing.
It scans and monitors target customer data. This matter requires companies in the Arab region to exercise caution and observe the laws of the regulations in order to avoid
a major financial violation according to Article 83, which reported various types of financial violations according to the type of the violation and its severity, and these violations may amount to an amount of 20 million euros or 4% of the volume of business, the total of the company for the past year, whichever is higher.
Transferring data outside the European Union
countries only in specific cases
The transfer of personal data to countries outside the European Union in accordance with the new regulation
Dubai Legal – Issue 32 33


LEGAL STUDIES
was subject to strict conditions than in the previous local regulations. The regulation stipulated that this transfer
is to be permitted only if this country fulfills certain conditions related to the availability of an appropriate level of people's freedom as well as availability of legislation equivalent to the level of legislation in the European Union in the field of protection of personal data. This guarantees individuals the right to ensure adequate protection of their data if it is processed or saved outside the framework of the European Union. The classification of countries is
a task that the European Commission regularly performs through its website by publishing a list of countries that meet these standards, wherein companies are allowed
to transfer the personal data of their clients to them. This topic may concern primarily cloud storage companies as well as informational companies, which may store data in different countries according to the need and available storage space on their servers. With the application of these regulations, companies operating in this field must adhere to the standards mentioned in the aforementioned article regarding the geographical distribution of stored data.
This matter is not without exceptions, as the explicit consent of the person owner of the data on transferring it, is a legal justification to transfer it to countries that do not have the required conditions and classification.
Arab Gulf Countries & Laws to Protect Personal
Data
Arab and Gulf legislation generally did not know much about laws protecting personal data. It was often limited
to criminalizing acts that lead to misuse of personal data through the provisions of the constitution or the general law, which usually provides for criminalizing every act that resulted in harm. This legislative absence is there in most Arab countries. However, the remarkable development in the UAE made it imperative to seek the development of
laws in this regard. This trend started with the issuance of
the Data Protection Law of the Dubai International Financial Center, Law No. 1 issued in (1) 2007. This law, which consists of 40 articles dealt with a lot of details regarding the protection of personal data. I opine that its issuance was an urgent need due to the presence of hundreds of international companies with large financial assets under the roof of this center
and its urgent need for a law that regulates the process of collecting and preserving data as well as preserving the rights of customers in the absence of a federal law that applies to everyone who ensures this protection.
On the other hand, a law has been issued known as
the “Law Regulating Data Dissemination & Exchange in the Emirate of Dubai”, it is the law that aims, as stated in its texts, to enable the fulfillment of the Emirate’s vison to turning Dubai into a Smart City, manage Dubai Data in accordance
34 January – 2020


with a clear and specific methodology that is consistent with internarial best practices, achieve the integration and synergy of the services provided by the Federal Government Entities and Local Government Entities, optimize the use of the Data available to Data Provider, in addition to enhancing the transparency and establish the rules of governance of Data dissemination and exchange, increase the efficiency
of the services provided to customers by the Federal Government Entities and Local Government Entities. (2)
Conclusion
General Data Protection Regulations of European
Union is a new move in the world of data protection and provides higher levels of protection for personal data, and
it gives everyone the right to request a copy of their data stored in government departments or private companies to see it. It also gives them the right to request that the right to work on it be restricted or even deleted. On the other hand, companies, departments, governmental and non-
References:
governmental bodies began to change their data-saving policies to comply with the new European regulations
laws. The regulations also gave instructions regarding the appointment of an official to monitor the implementation of these regulations, as well as a body that monitors the application of regulations in the countries of the Union, and Germany as one of the leading examples of data protection now has bodies in each province that performs this oversight and instructive work at the same time.
This example should be an example to be followed in our countries today, as the advancement of countries lies in the advancement of their legislation and keeping pace with the scientific and technical development. Therefore, we see, through what we mentioned the initial legislation in this field, an attempt to catch up in near future so as to enact state-level legislation that guarantees individuals their rights to save their data from misuse, and gives the country more confidence in dealing with the western world in light of the existence of legislation that protects this dealing.
• https://www.difc.ae/files/7814/5517/4119/Data_Protection_Law_DIFC_Law_No._1_of_2007.pdf
• Data Protection Act 2007 of DIFC
• http://www.qistas.com/legislations/uae/view/3949412
• Law regulating the disseminating and exchange of data in the Emirate of Dubai No. 26 of 2015
1. https://www.difc.ae/files/7814/5517/4119/Data_Protection_Law_DIFC_Law_No._1_of_2007.pdf
2. http://www.qistas.com/legislations/uae/view/3949412 Law regulating the disseminating and exchange of data in the Emirate of Dubai No. 26 of 2015
Law on protecting the data of DIFC 2007
Dubai Legal – Issue 32 35


CINEMA
Starring Emad Hamdy and Samira Ahmed, Screened in 1956
In the movie "Love and Execution"
Attorney General orders a moratorium on the death penalty of a pregnant woman
Nasser Iraq
Serious cinemas were not limited to the amusement and enjoyment of people, rather the good movies gave them a lot
of important and useful knowledge, whether at the level of medical, psychological, legal, or judicial sciences, and others. In
the movie “Love and Execution” we have a good example. This film shows people the circumstances of the cases, investigations of prosecution, texts of laws and the powers of the Attorney General in a graceful and beautiful manner.
The movie (Love and Execution) was made by the able director Kamal Al-Sheikh on the story, scenario and dialogue of Mohamed Kamel Hassan, the lawyer. Thus, he wrote in the introduction to
the movie, and it appears that the legal profession has benefited the author a lot. The author himself composed the soundtrack for the movie in conjunction with the Lieutenant Abdel Aziz Amer, which reveals the multiple talents that the writer Mohamed Kamel Hassan has got. The task of performing the music distribution was undertaken by Fouad Al Dhaheri. The actors are; Emad Hamdy, Samira Ahmed, Ameena Rizq, Abbas Fares, Mahmoud Al-Melegy, Ayeda Hilal, Wadad Hamdy, Adli Kasib and other, while the photography camera was managed by Abdul Aziz Fahmi and he is one of the most important photography director in the history of cinema.
The movie was screened for the first time on 31 December 1956. Briefly, it tells about Samira (Samira Ahmed), the girl who takes pity on her sick mother (Amina Rizq) after she was divorced from her father, whereas, the father (Abbas
Fares) married a playful woman (Ayeda
Hilal) who is linked with a suspicious
love relationship with Morsi (Mahmoud
Al-Melegy), but she deceives his husband
and tells him that Morsi is her brother!
On the other hand, Samira is emotionally attached to lawyer Majdi (Emad Hamdy), and they get engaged, but his troubled financial circumstances do not allow them to complete the wedding yet. Samira is compelled to criticize her father sharply in front of her mother because he divorced her mother and married a young girl, leaving them without enough money for them. But the mother defends the father and tells her daughter that she was short-tempered at
36 January – 2020
the same age of her and this is not appropriate. Under the pressure of need of money to buy medicine for the mother, Samira is forced to go to her father's wealthy home to ask him for some cash, only to find him engrossed in drinking wine with his wife and her alleged brother, then she screams at him and says to him (Like him does not deserve to live).
With intense malice, Mahmoud Al-Melegy picks up the thread and decides to kill the father, so that the crime sticks to the angry daughter. Indeed, he hatches the plan with an accomplished acting performance, executes his crime by placing the poison for the father in the wine cup, at the time when Samira came to her father's house based on a misleading invitation given by Al-Melegy, claiming that her father wants to reconcile her.
The important thing ... Samira escapes from the horror after she saw her father killed and hides with her lawyer husband for a while, but the police managed to reach her and arrest her. In the courtroom, her husband fails to prove her innocence in front of the prosecutor, who played his role in a competent and capable judicial capacity.
Based on the evidences presented by the prosecution, the judge issues a death sentence by hanging the accused woman, but the lawyer is surprised a day before her execution while he was visiting his wife in prison that she is pregnant. Therefore, he seeks a decision from the Attorney General to suspend the execution until she gives birth, which is implemented. After the birth, the accused was sent to prison again, and just three hours before the death
sentence was carried out, the sad, powerless lawyer was surprised with the arrival of the lover of Al-Melegy, while she was drowned in her blood to tell him the truth, after Al-Melegy tried to kill her and flee abroad with another lover, thus, he was arrested at the airport!
In an extreme tension, the camera was gasping among the lawyer, the prosecutor, and the police officer as they were heading towards the Attorney General’s house, because he is the only one who has the powers to stop the execution of death sentence. The camera was also gasping at
the accused Samira as she was taken toward the gallows. At the last minute, the order of suspension reaches to the prison commander, to end the movie after a beautiful artistic and interesting dose.


By: Dr. Aref Al Sheikh HIGHLIGHT Family Counselor in Dubai Courts
JUDICIARY IN DUBAI (3)
We said that Dubai has opened more to the outside
during the reign of Sheikh Maktoum bin Hasher, who • ruled from 1894-1906. Sheikh Maktoum bin Hasher, May
God have mercy on him, sought to develop life in Dubai, including the judiciary, which was urgently needed. •
• Since Dubai at that time had not yet prospered
culturally, scientists, writers and intellectuals had been rare currency in it, therefore, it was necessary for it
to attract scholars and judges from outside Dubai, • and in this case, priority shall be for neighboring countries for many reasons, including convergence in language, understanding and custom, as well as ease
of choosing and access.
• For this reason, Sheikh Maktoum thought about • seeking the help of the closest neighboring country, Oman, to obtain a suitable person to officially take
over the affairs of the judiciary in Dubai. So, he talked about it with Sultan Turki bin Saeed, Sultan of Oman
at that time, and the one who was chosen was Sheikh Hassan Ibn Sheikh Muhammad bin Ali Al-Khazraji,
born in 1276 AH and died in 1926 AD in the province
of Bukha. •
• Sultan Turki agreed to the request of Sheikh Maktoum bin Hasher, thus, Sheikh Al-Khazraji came to Dubai in 1305 AH corresponding to 1885 AD and assumed the judiciary and advisory opinion and he was a preacher at the Al-Shuyukh Mosque in Bur Dubai.
• In this way, Sheikh Hassan is the first judge to
undertake a fatwa in Dubai, as Sheikh Khamis bin
Rashid before him was a judge at the most, if true,
but he was not a Mufti, because fatwa needs more • knowledge and more familiarity of community issues.
• Sheikh Hassan bin Muhammad Al-Khazraji was undoubtedly a scholar with a wealth of knowledge and a wide information. Great scholars were graduated by him, some studied Maliki jurisprudence,
some of them studied Shafi'i jurisprudence.
Hs students in Oman are many such as Mr. Muhammad Al-Sharif Mufti Al-Shumaila, Sheikh Ahmed bin Saleh, Sheikh Ahmed Al-Saadi and others. His students in Dubai are also many, such as Sheikh Mubarak bin Ali Al Shamsi, Sheikh Thani bin Juma Al Maktoum, Sheikh Ahmed bin Suqat, as they studied by him Maliki jurisprudence.
As for Sheikh Abdul Rahman bin Hafiz, he studied Shafi’i jurisprudence, and Bin Hafiz later completed his studies in Makkah Al-Mukarramah and returned from it as a scholar and assumed the judiciary in Dubai, as we will mention about him in detail later, God willing. I would say that there is another saying that Sheikh Hassan Al-Khazraji came to Dubai during the reign
of Sheikh Hasher Bin Maktoum in 1878, at which point Sheikh Maktoum negotiated with Sultan
Faisal bin Turki, as mentioned by Sheikh Hassan bin Muhammad bin Mahfouz Al-Khazraji in his book «The organized Saying in the knowledge of scholars pf Musandam province.
In any case, it is certain that Sheikh Hassan Al-Khazraji continued to issue judgments and fatwa for nearly five decades, as he assumed the judiciary during
the reign of Sheikh Hashar bin Maktoum or Sheikh Maktoum bin Hasher, two opinions of historians,
but after two Sheikhs Hasher and Maktoum, he was contemporary to Sheikh Rashid bin Maktoum and then Sheikh Butti Bin Suhail, who ruled from 1906 to 1912.
So we can say that Sheikh Hassan Al-Khazraji found the era of Sheikh Saeed bin Maktoum, may God have mercy on him, also who ruled from 1912 to 1958, and during his reign Sheikh Al-Khazraji died, may God have mercy on him.
To be continued....
Dubai Legal – Issue 32 37


LEAGL INSIGHTS
89 Complaints of Medical Errors Registered by Dubai Prosecution in Last Three Years
Medical Errors..
Laws & Procedures Curbing Its Violators
Investigation: Rana Ibrahim
Protecting patients from exploitation, or falling victims to medical errors or negligence, are one of the priorities of government entities overseeing the medical and treatment services as well as to regulate the mechanisms of work for this vital sector. The public can immediately take his voice to the competent authority so as to report about any violations that he may notice, or submit a complaint to the competent judicial authorities.
38 January – 2020
Counselor/ Hamad Juma Al Khalafi


Counselor/ Hamad Juma Al Khalafi, Senior Advocate
General and Head of General Prosecution in Dubai, revealed
that the number of medical complaints received by the Public Prosecution in the last 3 years, reached to 89 complaints of medical errors. Regarding the legal procedure followed in submitting a complaint of medical error, he says: “The victim
or his legal representative may submit a complaint related to
the medical error to the competent health authority, whether federal or local, which deals with health affairs in the state, or the concerned police stations or the Public Prosecution, with all the reports and documents related to the complaint. Then, these complaints are referred to the specialized committee, called (Medical Liability Committee) consisting of specialized doctors from all medical specialties, established by a decision of the competent minister or the head of the health authority according to the circumstances. The competent executive regulations specify its formation and rules of its working procedures. These committees shall decide the extent of the medical error or the extent of its severity. In the case of multiple responsibility, the committees shall state the percentage of the contribution of everyone who participated in the error with an explanation of its cause, damages and the causal relationship between the error and damage as well as the percentage of disability in the affected one, if any. These committees may seek the assistance of experts they deem appropriate to carry out their tasks.”
He points out that the complainant or the practitioner again whom the complaint is filed, according to the circumstances, may appeal against the report of the Medical Liability Committee, by submitting a grievance to the competent health authority within 30 days from the date of the legal notification about
the report's conclusion. The health authority shall forward the report, all papers and documents related to the grievance, to
the Supreme Committee of Medical Liability. The report of this committee shall be considered final, if no grievance has been filed within 30 days of the legal notification thereof. In this case, the appeal of the health reports issued by the committee is not accepted by any party.
In the event that the report of the Health Authority or the Supreme Committee for Medical Liability concludes with the availability of a serious medical error against the respondent, Public Prosecution will initiate investigation and dispose of the complaint by registering it with a criminal case file and submitting it for trial before the competent court.
Medical Error In Legal Terms
Mr. Al Khalafi defines medical error according to what
was defined by Decree of Federal Law No. (4) of 2016 on Medical Liability, as “A medical error is the error committed by a practitioner due to any of the following reasons:
1. Ignorance in the technical matters that are supposed to be known by any practitioner of the same degree and
specialization.
2. Non-compliance with the recognized professional and
medical principles.
3. Not exercising the due diligence.
4. Negligence and not paying attention.
He says: "The medical error required for criminal accountability against the practitioner must be a grave error.
The executive regulations issued on July 02, 2019 in accordance with Cabinet Resolution No. 40 defined and specified the criteria for gross medical error, considering that the medical error is gross if it causes the death of the patient or fetus, loss of a limb, impairment to a bodily function or any other gross damage. In addition to the availability of one of the following criteria that the medical error is a result of:
1. Extreme ignorance of the recognized medical code of practice, as per the degree and specialization of the profession practitioner;
2. Following a method not medically recognized;
3. Unjustified deviation from the medical rules and code
of practice in practicing the profession;
4. The physician is under the influence of alcohol or illegal
substances;
5. Gross negligence or lack of clear attention in following
the standard procedures, such as leaving medical tools inside a patient’s body, giving a patient the incorrect dosage of medicines, failure to switch on medical equipment during or after the surgical operations, resuscitation, delivery or not giving a patient the medically appropriate medicine or any other acts that may considered as gross negligence;
6. Intentionally practice the profession out the scope of the specialization or clerical privilege enjoyed by the physician under his/her license; or
7. The physician, without medical supervision, issues a diagnosis or administers treatment in which he/she is not qualified or trained to do.
Dubai Legal – Issue 32 39


LEAGL INSIGHTS
Criminal Accountability of Doctors
Counselor/ Al Khalafi talks about the criminal accountability of doctors saying: “Decree of Federal Law No. 4 of 2016 on Medical Liability and the executive regulations regulated the criminal accountability for practitioners of the profession if proved a gross medical error, and I see that the legislator has done well when he limited the penalty to only a gross error
and I do not see that every error made by a doctor necessitates criminal accountability. As generalizing it may lead the practitioner to move away from their medical duties and avoid providing with the necessary medical care for fear of criminal accountability, and this will harm the public interest. Noting and affirming that the law guaranteed the right of the aggrieved party in all circumstances to claim compensation for the civil right before the competent judicial authorities, as well as the administrative accountability by the concerned entity under whose umbrella the practitioner or the health facility come”.
Mr. Al Khalafi points out that the legislator in the UAE has prohibited the practice of the profession in the country without insurance against civil liability for medical errors with one of the licensed insurance companies in the country. Accordingly, the owner of the health facility is obligated to insure his practitioners against civil liability for medical errors.
In case the doctor is a visitor and has committed a medical error, Mr. Al Khalafi says that he is criminally responsible if it is proved that he committed a gross medical error, as well as he is civilly responsible for civil compensation in addition to the health facility that received him. In all situations, the aggrieved party may seek compensation from the practitioner who committed
a gross medical error or health facility as per the responsibility of the practitioner or health facility.
About the criminal medical accountability of the legal person (health facility), Mr. Al Khalafi says: “In the Federal Law Decree No. 4 of 2016 on Medical Liability, the legislator did not single out any text regarding the criminal liability of the legal person, but singled out in its provisions that the health facility which receive a visiting physician shall bears
the responsibility for compensation against his
medical error towards the aggrieved party, as
well as the health facility’s obligations to insure
his practitioners against civil liability for medical
errors, in addition to disciplinary penalties for
health facilities for violations committed by the
health authority against the provisions of the
medical liability law, without it listing
any special provisions regarding its
criminal responsibility, there is no
criticism for that, as the Decree
Law came into consideration to
regulate the relationship between
practicing the profession, its
duties and responsibilities for its medical mistakes towards the aggrieved party and the responsibility of the medical facility in which the practitioner of the civil profession operates, as well
as disciplinary penalties for violations committed in violation
of the provisions of the decree law. Regarding the criminal responsibility, the general rules stipulated in Article 65 of the Federal Penal Code No. 3 of 1987 and its amendments until 2018 related to the liability of the legal person shall be applied, which states that “legal persons except for the government, its official departments, and public institutions are criminally responsible for crimes committed by its representatives, managers, or agents on its behalf or in its name.
Reducing Medical Errors
Dr. Ahmed Sulaiman, Director of Legal Affairs Department
at the Dubai Health Authority, stressed that the authority is not limited to holding the professional accountable in the event of a medical error, but rather extends to be in a more comprehensive form that precedes the occurrence of a medical error by the professional, as manifested in linking the professional license with terms and conditions that must be fulfilled before licensing a person to practice the profession in accordance with the provisions of the Human Medical Profession Practice Law No. 2 of 2019, in addition to the Executive Council Decision No. 32 of 2012 regarding the regulation of practicing health professions
in the Emirate of Dubai. We add to that the advancement of
the professional in his license for a professional degree higher than his current license as a specialist and consultant linked to his obtaining certain educational qualifications according to
the specialty, completing the period and undergoing training programs, in addition to the powers granted to the professional in his specialization and degree, which may vary from one professional to another based on his previous practices and experiences.
The Medical Practices Committee has a role in setting standards and policies for practicing the profession in the
emirate and its role in taking some measures against the professional in the event of committing a medical error
in terms of requiring him to attend certain training hours, or re-evaluate him, or stop him from practicing the profession for a period not exceeding one year, or revoke the license granted to him.
Legal Education
Dr. Ahmed Suleiman points out that legal education has an effective role
in introducing the rights and duties
of every patient and doctor. He says: Knowledge plays a big role in the correct understanding of a person’s
40 January – 2020


rights and duties. A set of health legislation has come to clarify the patient’s and professional’s rights and duties, and therefore lack of knowledge may be the cause of some complaints as the patient does not realize that any complications resulting from providing him with treatment is not considered a medical error, and therefore no responsibility arises against the professional, but in return the professional is required to follow up on these complications, and if he does not follow it up, he has committed a medical error.
Medical Liability
Regarding the federal law's handling of the problem of medical errors in terms of medical accountability, Dr. Ahmed Suleiman says: “Medical accountability is the same as any accountability of any other profession, which does not fall outside the framework of the types of legal accountabilities represented in criminal accountability, civil liability, disciplinary or administrative liability. Therefore, health legislation came as the medical profession has its specificity by treating the medical liability in the three cases as follows:
Compensation for civil liability has been linked to the necessity of presenting the cases that are filed before the
state courts to the medical liability committees stipulated in
the decree of a federal law on medical liability. It has decided guarantees for both parties - the patient and the professional respondent- related to the members of the Medical Liability Committee, whereas they are prohibited from participating
in issuing any report if one of the following cases is available between him and the patient or the professional respondent:
a relationship of up to the fourth degree, their work under management or supervision and vice versa, the patient has previously been treated for the same illness complained about, he was consulted previously by the respondent for the same illness complained, any other situation that constitutes a conflict of interest and questions the principle of neutrality, and civil compensation has been linked in both its material and moral aspects to the harm caused to the patient.
While the law has handled the criminal accountability in terms of linking the liability to the necessity of a gross medical error by the professional, and therefore there is no criminal accountability for the professional who commits a simple medical error.
As for disciplinary accountability, it is more comprehensive, as it is not required the occurrence of a harm on the patient for this accountability to arise against the professional, but it is sufficient for the act to occur in the form of error or intentionally, whether it is gross or simple, so that the administrative authority has
the right to impose disciplinary penalty in accordance with the relevant legislation and regulations.
Accordingly, we find that the legislator has handled the issue by placing guarantees for the professional while practicing his
profession so that this would be a motivation for him to give more, therefore, it is not permissible to penalize him unless he commits a gross medical error. At the same time, the law has preserved the patient's right to compensation by demanding compensation for the damage he suffered even if the error was small, because the amount of compensation is related to the amount of damage suffered by the patient.
Criminal & Civil Liability
With regard to the criminal and civil liability of the doctor
in the event of a medical error, Dr. Ahmed Suleiman explained that the criminal responsibility belongs to the person who is held accountable for any intentional or wrongful acts committed regardless of the gravity of this act, whenever the elements of the crime are available and every crime has a penalty to be met. However, the UAE legislator, as stipulated by
Federal Decree Law No. 4 of 2016 on Medical
Liability in Article 24, states that it is not
permissible to investigate, arrest, or temporarily
detain health practitioners as a result of a
complaint lodged against them only after the
issuance of the final report by the competent
health authority which proves a gross medical
error at the hand of the professional. Therefore,
it is understood from this text that simple
medical error is not criminally penalized, and
the legislator has dealt with the concept of
gross medical error in order to
avoid leaving the issue to the
jurisprudence of the Medical
Liability Committee, by referring
to the executive regulations of the
Medical Liability Law, which came
to set the criteria for gross medical
error as mentioned in the text of
Article 5 of the regulations issued
by Cabinet Resolution No. 40 of
2019, which set the standards in
two elements as follows:
Result: It is manifested in
several forms: death of human or
fetus, loss of a limb, impairment
to a bodily function or any other
gross damage based on the assessment of the committee.
Dr. Ahmed Suleiman: There are certain conditions and regulations that must be fulfilled before licensing a person to practice the profession in accordance with the provisions of the Human Medicine Profession Practice Law
Act: It is manifested in occurrence of a medical error in any of the following forms, including, but not limited to:
- Extreme ignorance of the recognized medical code of practice, as per the degree and specialization of the profession practitioner;
- Following a method not medically recognized;
- Unjustified deviation from the medical rules and code
Dubai Legal – Issue 32 41


LEAGL INSIGHTS
of practice in practicing the profession;
- The physician is under the influence of alcohol or
illegal substances;
- Gross negligence or lack of clear attention in following
the standard procedures
- Intentionally practice the profession out the scope of
the specialization or clerical privilege
- The physician, without medical supervision, issues a
diagnosis or administers treatment without supervision in which he/she is not qualified or trained to do.
Accordingly, if one of the forms of the result is available with one of the forms of the act, the medical error is considered gross, and therefore the professional is liable for his act criminally.
As for civil liability, the legislator has dealt with the matter through the Federal Civil Transactions Law No. 5 of 1985 amended by Federal Law No. 1 of 1987, which, within its provisions, has regulated the provisions for compensation for damage to a person, whether this damage is material or moral when the elements of liability are available according to the nature of liability in terms of being contractual or liability for the wrongful act.
In the same context, the legislator limited the matter of compensation that the cases which are brought before the courts, to be presented to the Medical Liability Committee stipulated in Article 18 of the Medical Liability Law, where
the legislator has singled out a binding text that claims for compensation filed due to medical liability are only accepted after resorting and submitting to the relevant Medical Liability Committee and issuance of a final report on the occurrence
of the medical error; either no grievance is filed against the decision of the Medical Liability Committee, or the issuance of the decision of the Supreme Committee for Medical Liability in the event of filing grievance against the decision of the Medical Liability Committee.
Protection of Patients
The regulatory sector of Dubai Healthcare City Authority
is responsible for granting licenses to practice the profession to health care service providers and professionals working in the sector, as well as maintaining the level of quality of services provided in accordance with the best international practices in the field of health care and patient care in Dubai Healthcare City (Free Zone). Its quality standards are also accredited by the International Society for Quality in Health Care (ISQua).
Protection of Patients
On the role of the Dubai Healthcare City Authority in protecting the patients from exploitation and falling victim to medical errors, Dr. Ramadan Al Bolooshi, Head of the Regulatory Sector of Dubai Healthcare City Authority, emphasized that the regulatory sector provides a unit for patient protection, whose
mission is to follow up patients’ conditions, receive medical complaints from them, listen to them by organizing hearing sessions with medical service providers before taking the decision. It works as an honest broker to solve all their issues, in addition to working with our partners in the medical field from organizing workshops and educational sessions with medical facilities on an ongoing basis to ensure the quality of services provided to patients, in addition to updating the policies and regulations that primarily support patients’ safety.
Bill of Patients’ Rights
Mr. Al Bolooshi added that the regulatory arm, which is
the designated authority and organizationally responsible for Dubai Healthcare City, obligated all medical facilities to put a bill of patient rights and responsibilities in an easily accessible place and inform the patients directly about it if necessary, and according to the bill, those facilities must provide the necessary information to the auditors, facilitate access to it, it includes, but not limited to, clear lists of treatment costs, ensuring their rights to see their medical records, informing the patient of the doctor in charge of his treatment, providing information related to his diagnosis and proposed treatment methods, and other information.
Mechanisms
On the mechanisms used to reduce the complaints, Head of the Regulatory Sector of the Dubai Healthcare City Authority stated that they are:
1. Field Visits
The regulatory sector of the Dubai Healthcare City Authority has organized more than 158 sudden and random inspection visits to facilities operating in Dubai Healthcare City since the beginning of the year until the end of October 2019. These visits resulted in 40 violations; ranging from serving alert and the financial fines, due to lack of commitment and full compliance with applicable laws and regulations in the free zone.
42 January – 2020


2. Smart Complaints System
Noting that as an affirmation of the principle of transparency and smart governance, we launched in the beginning of the year Smart Medical Complaints Filing System, first of its kind in Dubai, as part of our commitment to smart governance
as well as promoting the principle of transparency in working with the public, in addition to applying the principle of transparency and adjudication in medical disputes submitted by patients and the medical facilities in Dubai Healthcare City Free Zone. The smart system is characterized by ease of use without the need to use papers and files to store complaints, as it is easy to access and refer to it at any time, which saves time and effort for the patient. Also, the patient or the complainant is notified via email, then getting the final report via the smart gateway. The smart system is characterized by providing the service in a comprehensive and smart manner, starting from submitting the complaint until its completion and deciding it through the smart portal only.
After submitting a complaint through the system, the Patient Protection Unit, responsible for looking into complaints submitted, studies the complaint, submits the data and facts to an independent medical committee for consideration and decision.
Number of Complaints
Regarding the number of complaints this year, Mr. Al Bolooshi said: The Patient Protection Unit received 80 medical complaints through the Masar Smart Gateway until October of this year, and the necessary disciplinary measures were taken against the violating facilities.
Medical Liability Committee
As for the Medical Liability Committee, Dr. Ramadan Al Bolooshi indicated that this committee takes upon itself to look into various medical and other complaints in a transparent
and impartial manner, and it consists of two committees of specialists: First consists of 7 doctors: a radiology consultant, an orthopedic consultant, a plastic surgery consultant, Obstetrics and Gynecology, Gastroenterology Consultant, Ophthalmologist, and General Surgery specialist. The second committee consists of 5 doctors: a cardiologist and catheter consultant, a gynecologist and obstetrician, an internal medicine and hematology consultant, an orthopedic consultant and an ophthalmic consultant.
The number of the committee varies according to the situation, its complexity and type. The duties and responsibilities of this committee vary from looking into any complaint against health care professionals, complementary and alternative medicine, health care operators, research companies and
educational institutions with regard to the activities they carry out in the free zone, reviewing complaints assigned to the committee, as well as taking decisions related to the work
of medical facilities and imposing penalties and disciplinary measures for people and health care professionals due to abuse, professional malpractice or negligence and other tasks.
Patients’ Safety
Dr. Ramadan Al Bolooshi added: To enhance the patient safety in the free zone, Dubai Healthcare City has signed a joint cooperation memorandum with the International Patient Safety Improvement Movement, with the aim of cooperation in the field of work and publishing the movement’s mission to reduce the number of deaths that can be avoided and bring them to zero in 2020, as the numbers issued by the
World Health Organization indicate to the
burden and impact of insecure health care
on patients, as 1 out of 10 patients around
the world are harmed while receiving health
care. In accidents and injuries, the number
reaches approximately to 43 million every year,
and the cost of medicine errors alone are an
estimated 42 billion USD annually. To increase
the awareness on the importance of patient
safety, we launched a campaign to pledge
patient safety among medical facilities. In last
November, we organized our first
conference in the region on best
health practices, as the conference
provided an active platform for
healthcare organizations in the
United Arab Emirates to exchange
evidence-based best practices
and work in tandem to fulfill the
mission of the Global Patient
Safety Movement Foundation to
reduce hospital-wide preventable
death rates to zero by 2020.
Partners
We also work with all strategic partners and other bodies in this field, including but not limited to: Dubai Health Authority, Ministry of Health, Abu Dhabi Health Authority, Dubai Public Prosecution, Dubai Courts, and Dubai Police for the purpose of exchanging information.
Dr. Ramadan Al Baloushi stressed that the Dubai Healthcare City Authority undertakes to protect the patients and their safety, as it is a red line that cannot be crossed. Dubai Healthcare City Authority does not spare any effort to guarantee their rights and safety. The authority follows strict standards when it comes to patients and the protection of their rights.
Dr. Ramadan Al Bolooshi: The safety of patients is a red line that cannot be crossed, and the authority spares no effort to guarantee their rights and does not hesitate to serve them.
Dubai Legal – Issue 32 43


HERITAGE DIARY
By UAE writer and historian:
Jamal bin Howaireb,
CEO of Mohammed bin Rashid Al Maktoum Foundation for Knowledge
I have often called for the necessity of documenting our
local dialect before it is forgotten and vanished, as many old vocabulary has disappeared, those vocabulary that we can hardly hear these days spoken by the people around us, as those have long since departed from our little lexicon which is decreasing every day, as it is being replaced by new words, rather extraneous one,
is worse is that some of them are ignorantly defending these wrong interpretations or linguistic methods that have nothing to do with us except recently, after mixing tongues in this country just as it happened in the early age of Islamic state, as the classical one collapsed in front of the various world tongues at the time when Muslim Arabs mixed with the owners of those tongues. Had it not been for God preserving His Holy Qur’an, the Arabic would be lost forever!
How much I wondered since a number of days from one of the brothers arguing in the Twitter, where he wanted to prove the correctness of speaking “Kalaitu & Sharbaytu” by adding Y instead of "Akaltu and Sharibtu”, as I was unanimous in its incorrectness as well as its classical and colloquial ugliness. I presented to him answers which I presumed to be convincing, but it was unconvincing form him and he insisted that it is the language of the elderly whom he knows! I told him that those elderly people would beat the boys on its pronunciation, then, how I could be the tone of the elderly? But say that it
is a local lingual lesion that is spreading with a lack of awareness.
characterized by being weak and far from classical and the local dialect.
Unfortunately, the new generation has started trying to offer strange interpretations of many slang words that have nothing to do with their true meaning, and what
44 January – 2020
Our Colloquial Dialect Between Forgetfulness & Misunderstanding


Forgetfulness of Accent
Every year that passes over this country, people are moving away from their old dialect with the death of the elderly first, and the changing of the old tools and names secondly, as well as the people are turning away from everything that was their life in the past, and this happens
with all languages and dialects, but the difference is that the change occurs in centuries with others, not in two or three decades, as happened in this good country, where we have several dialects during forty years, namely:
1. The dialect of elderly people that all the modern generation doesn't know.
2. The dialect of the 1960s generation, which we can call the veteran generation.
3. The dialect of generation of Union, the best of which was the one who was older than them.
4. The dialect of the modern
generation, which is the
generation after the satellite
channels, which introduced all
the languages and dialects into
the homes after people only watched the TV channels of their country only. Thus, the children of the modern generation became distant people from the tone of their parents and their methods of speaking.
Also, the sons of this generation have become
using the English language extensively because it is the language of their study, and they are able to perceive modern vocabulary through their dictionaries, unlike the local dialect that has become forgotten, or the classical Arabic language that is not used in daily conversation.
English replaces Arabic
Through many years, some Persian, Turkish, Hindi and English vocabulary infiltrated our local dialect, which are few and limited and this soft infiltration has happened in the past. But what we witness today, it is the eclipsing of Arabic and the colloquial dialect all as well as almost intentional exclusion from daily use, as the new generation gets used to speaking in English in many talks, around the clock, rather in writing also. By
virtue of the spread of foreign education in schools and universities, I have noticed that there are types of children of this generation who have forgotten our language and our dialect, and they are those:
1. Who boast in front of people with English knowledge.
2. Who doesn’t know how to speak Arabic well and replace it with another language.
3. Who despises the Arabic language and declares that the English is better and more preferable to speak than his mother tongue.
Unfortunately, all of these people are mistaken, avoiding the right, because the Arabic language is a symbol of their glory and pride, and they will not be able to reach what they want of prestige and the prestigious international standing as well as priding themselves without using the Arabic, and our local dialect is only part of our ancient language that surpasses all the world's languages vocabulary in description, rhetoric, poetry and literature.
Dubai Legal – Issue 32 45


QUARTERLY, (4) ISSUES PER YEAR JANUARY /APRIL/JULY /OCTOBER
SOCIAL, CULTURAL AND LEGAL MAGAZINE FOR PUBLISHING LAWS AND PROMOTING LEGAL CULTURE PUBLISHED BY THE DUBAI PUBLIC PROSECUTION
- You can also download the magazine on the iPad and browse it through DPP website:
www.dxbpp.gov.ae
Issue (32) - January 2020
Our Vision.. Legal Culture with Modern Vision www.dxbpp.gov.ae
Attorney General of the Emirate of Dubai
Year of Preparation For Fifty... Noble Meaning & Great Hope
TRADE AGENCIES LAW
A Periodical Magazine Issued by Public Prosecution-Dubai
Judicial Authorities Participate in GITEX 2019 With Its Smart Services
Dr. Muhammad Nasser Al Ahbabi:
UAE Space Law will come to light soon
Legal - Cultural - Social
Illegal Immigration Its Causes and How to Confront it by Law
Medical Errors.. Laws & Procedures Curbing Its Violators
GENERAL SUPERVISOR
COUNSELOR ESSAM ESSA AL HUMAIDAN ATTORNEY GENERAL
EDITING DIRECTOR
COUNSELOR YOUSUF HASSAN AL MUTAWA ATTORNEY GENERAL ASSISTANT
To correspond with the editing manager:
[email protected]
TO PARTICIPATE IN THE MAGAZINE TOPICS:
The participation is subject to the rules and conditions of publishing set by the editorial board, who is not obliged to return any material which it receives for publishing.
The magazine welcomes the research and specialized legal studies and all that would spread, disseminate and promote the legal culture among specialists, jurists, university students and members of society in general.
To participate, please send your material with the bio-data of the writer.
FOR INQUIRIES CONTACT: Tel No.: 04/3078444 - Fax No.: 04/3351037 - E-mail: [email protected] 46 January – 2020