UAE’s Federal National Council or FNC conducted its eighth session for the 2nd ordinary term of the 17th legislative chapter at its Abu Dhabi headquarters. In the session, the FNC approved a new draft federal law that regulates burial procedures and cemeteries in the country.
The new draft law aims in regulating burial procedures and cemeteries, including the transport, bathing, and burial of dead bodies. It also defines the fines and penalties for anyone who violates the law and regulations for concerned authorities with regards to guarding, inspecting, and monitoring the cemeteries.
TTD - PPT on social stock exchange.pptx Presentation
UAE approves new draft federal law on burial
1. UAE Approves New Draft Federal
Law on Burial of the Dead
https://hhslawyers.com/blog/uae-approves-new-draft-federal-law-burial-dead/
2. Int.
UAE’s Federal National Council or FNC conducted its eighth session for the
2nd ordinary term of the 17th legislative chapter at its Abu Dhabi
headquarters. In the session, the FNC approved a new draft federal law
that regulates burial procedures and cemeteries in the country.
The new draft law aims in regulating burial procedures and cemeteries,
including the transport, bathing, and burial of dead bodies. It also defines
the fines and penalties for anyone who violates the law and regulations for
concerned authorities with regards to guarding, inspecting, and monitoring
the cemeteries.
3. New Draft Law on Burial Procedures
During the session, the following details were approved:
Relatives of any deceased person has to inform Dubai Municipality’s Section for Burying Dead
Bodies.
Section for Burying Dead Bodies will write the time and date of the death, name of the individual
who notified the Section, name of ambulance driver transporting the body, as well as the
ambulance’s number and other details.
A dead body will be transported to a cemetery by the Section’s ambulance following the
verification of all the required documents. Copies of documents are going to be kept by the
Section.
A dead body will undergo washing and preparation for burial of which are considered free of
charge if the deceased was Muslim. Washing and preparation of the dead body will be done at
the cemetery.
Documents required include the death certificate, valid Dubai visa copy for a deceased
expatriate or foreign national, passport copy for an expat or GCC national, and a no objection
letter issued by the Dubai Police
4. Residents are upset of new changes to
the law
Grieving families are becoming upset with the ruling of the local authorities which require dead relatives
in being buried in a different cemetery from where their other family members are interred.
Any expatriate Muslim family, as ordered by Dubai Municipality, will no longer be allowed in utilizing Al
Ghusais cemetery due to lack of space. They are to arrange for a burial in Al Quoz Cemetery. This
change in the legislation means families are to travel the city in order to visit the graves of their
deceased family members. According to Dubai Municipality Public Health Section Senior Health Officer,
Hussain Al Khandaq, dead bodies are not allowed to be buried without Dubai Police giving their direct
approval. It is absolutely important to identify cases wherein criminals burn or bury their victims.
Whenever a Muslim dies, regardless of whether the individual was an expatriate or a UAE national, the
law has- laid out the same procedures. For non-Muslims e.g. Christians or Hindus, there are special
graveyards located in Jebel Ali which don’t belong to Dubai, UAE municipality. Leaders of the
communities have bought the lands then set up a Hindu crematorium and a Christian cemetery. The
municipality of Dubai doesn’t interfere with the burial or cremation procedures.
Local authorities’ responsibility ends whenever a deceased body is delivered onto the gate of a Hindu
crematorium and a Christian cemetery. From that point, funeral services will be carried out in
accordance with customs and traditions. It is, however, important that expats who had valid visas are
the only ones allowed to be cremated or buried within UAE.
5. Penalties for violations of the new draft
law on burial procedures
The new draft federal law approved by the FNC empowers authorities of imposing a fine
of anywhere between AED 10,000 and 50,000 for anyone committing any of the following
violations:
Making an addition or any erected building within a cemetery
Transferring a corpse or human remains inside UAE without securing the proper permits
Using unofficial outlets in transporting a corpse or the remains of a deceased person
Using graves for purposes other than what they’re meant for
Photographing human remains outside legally permissible circumstances
Also, a fine of AED 10,000 to 100,000 and/or one year imprisonment can be enforced by
authorities for offenses that are related to the burial of body parts or human remains on
burial grounds that are not approved by local authorities.
A separate one year imprisonment penalty and a fine of AED 10,000 to 20,000 will be
imposed for anyone convicted of preparing a place that is for a corpse’s burial if the
place has not been approved or designated by local authorities.
6. Penalties for violations of the new draft
law on burial procedures
A permit is needed to bring a body within the country or taking the body
abroad. Any violation of this provision will attract a penalty of anywhere
between AED 50,000 to 100,000.
Any bid in vandalizing a cemetery or grave will also lead to imprisonment
for anywhere between 5 and 7 years and/or a fine of AED 100,000 to
200,000.
If you have questions or you want further clarification regarding the new
legislation related to burial procedures in UAE, call the lawyers and legal
consultants of HHS Lawyers in Dubai today!