Please ensure Javascript is enabled for purposes of website accessibility
LegalApp

Cabinet Resolution Regarding the Administrative Penalties Imposed on Violators of the Provisions of Cabinet Resolution Regarding the Establishment of the UAE Council for Fatwa, as Amended

The last update on this law was listed on 27 Mar 2023

Related legislations

Issued Date

27 Mar 2023

Effective Date

01 Apr 2023

Official Gazette Date

31 Mar 2023

Official Gazette No

748

Legislation State

Active

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/ legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail

The Cabinet:
− Having reviewed the Constitution;
− Federal Law No. (1) of 1972 Regarding the Competences of Ministries and Powers of Ministers, as amended;
− Federal Law No. (4) of 2004 Regarding the Establishment and Regulation of the Presidential Court, as amended;
− Federal Law No. (14) of 2016 Regarding Administrative Violations and Penalties in the Federal Government;
− Cabinet Resolution No. (31) of 2017 Regarding the Establishment of the UAE Council for Fatwa, as amended;
− Federal Decree Law No. (26) of 2019 Regarding Public Finance, as amended;
− The Resolution of the Deputy Prime Minister and Minister of the Presidential Court No. (14) of 2021 Regarding the UAE Council for Fatwa;
−    Upon the proposal of the Minister of Finance; and the approval of the Cabinet;
Hereby resolves as follows:
 

Article (1) Definitions

For the purposes of implementing the provisions of this Resolution, the following terms and expressions shall have the meanings assigned to each of them, unless the context requires otherwise:
The State: United Arab Emirates.
The Council: The UAE Council for Fatwa established pursuant to Cabinet Resolution No. (31) of 2017, as amended.
Director General: Director General of the Council.
Fatwa: The issuance of a Sharia opinion on any general or personal matter.
General Fatwas: The issuance of a Sharia opinion on matters affecting the political, economic, and social stability of the State, or potentially inciting strife, sectarianism, and division in society.
Personal Fatwas: The issuance of a Sharia opinion on the personal matters concerning individuals in society, such as worship or financial transactions, as well as jurisprudential matters related to the family or Sharia rulings related to the traditions and customs of society.
 

Article (2) Scope of Application of the Resolution

The provisions of this Resolution shall apply to all natural and legal persons within the State.

Article (3) Administrative Penalties

1. Without prejudice to any more severe penalty stipulated in any other law or resolution, anyone who violates the provisions of Cabinet Resolution No. (31) of 2017 regarding the establishment of the UAE Council for Fatwa, as amended, shall be subject to the administrative fine prescribed for each violation in accordance with the violations and fines set out in the table annexed hereto.
2. In the event of a repeated violation, the Council may:
    − For the first repetition: Double the administrative fine;
    − For the second repetition: Temporarily suspend the license or permit;
    − For the third repetition: Revoke the license or permit.
 

Article (4) Authority to Impose Administrative Penalties

The Director General or their delegate, shall have the authority to impose the administrative fines set out in the annexed table hereto.

Article (5) Collection of Administrative Fines

The Council shall collect the administrative fines stipulated in this Resolution through the methods determined by the Ministry of Finance, and such amounts shall be transferred to the Treasury Single Account (TSA) in the federal government.

Article (6) Grievance Mechanism for Administrative Penalties

1. The competent authority in the Council shall notify the violator of the administrative penalty decision imposed on them within (15) fifteen days from the date of its issuance.
2. The person against whom an administrative penalty decision stipulated in this Resolution has been issued may file a grievance with the Council within (15) fifteen days from the date of notification of the decision subject to grievance. The grievance shall be submitted to the Council, through a reasoned request accompanied by all supporting documents, in accordance with the procedures determined by the Council.
3. The Director General shall form a committee to decide on the grievance, either by rejecting it, amending the decision subject to grievance, or cancelling it. This shall be done within thirty (30) days from the date of submission. Failure to respond to the grievance within that period shall be deemed a rejection.
4. The decision issued on the grievance shall be final.
 

Article (7) Amendments

The Cabinet shall have the authority to make any amendments to the administrative fines stipulated in this Resolution, whether through addition, deletion or reduction.

Article (8) Executive Resolutions

The Director General shall issue the decisions necessary to apply the provisions of this Resolution.

Article (9) Publication and Entry into Force

This Resolution shall be published in the Official Gazette and shall enter into force from the day following the date of its publication.

To view tables and schedules,

please click here

Translated in cooperation with