The UAE's Federal National Council approved a new draft federal law regulating burial procedures and cemeteries in the country. The law aims to regulate the transport, washing, and burial of dead bodies, and defines fines and penalties for violations. It requires notifying authorities of deaths and transporting bodies by ambulance only to approved cemeteries for washing and burial according to religious customs. Residents have expressed upset over provisions requiring burial in different cemeteries than deceased family members. The law establishes fines from 10,000 to 200,000 AED and imprisonment for various violations related to burials and cemeteries.
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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
TOTHE 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 AlQuozCemetery.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 HealthOfficer, HussainAl
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 FORVIOLATIONS OFTHE NEW
DRAFT LAW ON BURIAL PROCEDURES
The new draft federal law approved by the FNC empowers authorities of imposing a fine of anywhere betweenAED 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.
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
betweenAED 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!