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Between Protection and Accountability: Understanding the UAE’s Juvenile Law Reform

In March 2023, the United Arab Emirates implemented a landmark piece of legislation—Federal Law No. 6 of 2022 on Juvenile Delinquency and Children at Risk—ushering in a new era for the treatment of minors in conflict with the law. This law, further clarified by Cabinet Resolution No. 133 of 2023, fundamentally shifts the focus from punishment to protection, rehabilitation, and accountability, aligning the UAE’s juvenile justice system with international best practices while respecting local values.

Under the new law, a “juvenile” is defined as anyone under the age of 18. The legislation draws a clear line for criminal responsibility, which now begins at age 12. Children younger than 12 are shielded from criminal prosecution entirely. However, if their actions endanger their own safety or that of others, the law empowers authorities to impose non-penal protective or administrative measures. These may include referral to child protection services, psychological treatment, or social supervision, ensuring that the focus remains on guidance and welfare rather than punishment.

The law makes a crucial distinction between two age groups: those aged 12 to under 16, and those aged 16 to under 18.

  • For juveniles aged 12 to under 16, the law restricts judicial authorities to a suite of educational and rehabilitative measures. Traditional criminal penalties are excluded. Instead, courts may order the minor to be placed under a guardian’s care with specific behavioural obligations, referred to rehabilitation programmes, assigned to specialised care institutions, or placed under supervised probation. Importantly, custodial sentences are expressly prohibited for this age group.
  • For those aged 16 to under 18, the law allows for limited criminal penalties, including custodial sentences, but only under strict conditions and procedural safeguards. Any sanction must be proportionate, educational in nature, and cannot exceed half the term prescribed for an adult convicted of the same offence. The law categorically prohibits capital punishment and the detention of juveniles in adult penal facilities.

A cornerstone of the new framework is the protection of the juvenile’s rights throughout legal proceedings. All cases involving minors are conducted in strict confidentiality, and the minor has an unequivocal right to legal representation at every stage. Before rendering any decision, the court must consult with social specialists, ensuring that the juvenile’s psychological state, family situation, and prospects for reintegration are fully considered.

Federal Law No. 6 of 2022 extends beyond juveniles who have already committed offences. It proactively protects children at risk—those exposed to neglect, abuse, delinquent environments, school dropout, drug use, or lack of parental care. Judicial authorities and child protection entities are empowered to intervene early, applying protective measures designed to prevent these children from entering the cycle of delinquency.

The law imposes strict liability on individuals or entities that contribute to a minor’s delinquency or concealment. Penalties range from AED 5,000 to AED 200,000, with the possibility of imprisonment depending on the severity of the offence. Furthermore, the public disclosure of a juvenile’s identity in legal proceedings is strictly prohibited and punishable by law, a measure designed to safeguard the child’s dignity and future.

Cabinet Resolution No. 133 of 2023 provides the regulatory backbone for the law’s implementation. It sets out detailed criteria for choosing appropriate legal measures, taking into account the juvenile’s age, the seriousness of the act, and the advice of social experts. This ensures that judicial discretion is exercised within a framework that guarantees consistent, child-centred outcomes across the UAE.

Federal Law No. 6 of 2022 represents a decisive evolution in the UAE’s approach to juvenile justice. By replacing punitive traditions with a system built on reform, protection, and hope, the UAE is not only meeting international standards but also reaffirming its commitment to the welfare and future of its youth. This comprehensive legal framework ensures that minors are treated with dignity, given opportunities for rehabilitation, and protected from harm—striking a thoughtful balance between accountability and compassion.

At Al Midfa & Associates, we offer comprehensive services tailored to meet your needs, ensuring that your rights are protected at every step of the way. Please feel free to contact us.

 

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DIFC Introduces Digital Assets Wills

 

Traditional wills often fail to address the technical and legal complexities of digital ownership, leaving heirs unable to access or claim these assets. With the increased popularity of crypto and digital assets within the last few years, the ability to transfer and treat digital assets as you would more traditional assets, such as property, funds or shares, has become a pressing concern for many individuals and investors. Therefore, In October 2024, the Dubai International Financial Centre (DIFC) introduced the innovative Digital Assets Will, providing a groundbreaking framework for distributing digital assets upon passing that resolves these challenges, addressing the critical gaps in estate planning.

 

The Problem of Digital Asset Inheritance

Digital assets pose unique risks in estate planning:

  • Loss of Access: Without explicit instructions, beneficiaries may lack the technical means (e.g., private keys) to access digital wallets.
  • Legal Ambiguity: Many jurisdictions lack clear laws recognising digital assets as transferable property.
  • Security Risks: Centralized exchanges or custodial wallets may freeze accounts upon the owner’s death, leading to permanent asset loss.

The DIFC’s Legal Framework

The DIFC Digital Assets Will operates under Digital Assets Law No. 2 of 2024 and integrates three key components:

  • Non-Custodial Wallet: Built on Hedera Distributed Ledger Technology (DLT), it allows testators to retain complete control of assets during their lifetime while freely allocating them to beneficiaries as specific gifts upon their passing.
  • Tejouri Integration: Digital Assets Wills are linked with the DIFC’s Tejouri digital vault, which securely stores data in encrypted formats. Tejouri provides a unique platform that functions as an online safe for data, supported by a state-of-the-art onsite DIFC data centre and a secondary UAE-based backup data centre. This integration enhances security and accessibility for testators and beneficiaries.
  • Online Registration: The entire process, from drafting to registration, is conducted online. Testators can electronically sign their wills via video conferencing in the presence of witnesses. Once registered, the will is securely stored in the DIFC Courts’ database.

Key provisions include:

  • Support for BTC, ETH, USDC, USDT, MATIC. In the future, the DIFC wallet expects to support NFTs such as ERC 721, ERC 1155, Ordinals and HTS.
  • Flexibility to update beneficiary allocations without revising the entire will.

 

How the Digital Assets Will Works

Case StudyJohn, an investor, uses the DIFC Digital Assets Will to:

  • Register: He drafts his will online, listing his Ethereum holdings and NFTs as “specific gifts” to his children.
  • Assign Assets: Using the non-custodial wallet, he links his crypto wallets and allocates 60% of his Bitcoin to his spouse and 40% to a charitable trust.
  • Secure Storage: His will is encrypted and stored in Tejouri, accessible only to his designated executor.

Upon his passing:

  • The DIFC Courts validate the will via video-conferencing with witnesses.
  • Executors receive access credentials, ensuring seamless asset distribution without third-party interference.

 

Advantages and Implications

The DIFC Digital Assets Will solves critical problems by:

  • Ensuring Control: Testators maintain ownership until death, preventing unauthorised access.
  • Providing Legal Clarity: Digital assets are recognised as property under DIFC law, reducing disputes.
  • Enhancing Security: Decentralized storage and biometric authentication mitigate hacking risks.

For jurisdictions like the UAE, where 23% of residents hold digital assets, this framework positions Dubai as a leader in fintech innovation. 

 

Why This Matters

The DIFC’s solution exemplifies how legal systems can adapt to technological advancements. By addressing ownership, access, and enforcement, the Digital Assets Will offers a replicable model for other jurisdictions grappling with similar challenges. 

The DIFC Digital Assets Will represents a significant advancement in estate planning for the digital age. The UAE is one of the premier destinations for those seeking an organised, safe and promising digital investing environment. By addressing the complexities of digital asset inheritance with innovative solutions like non-custodial wallets and global accessibility, the Introduction of the Digital Assets Will positions Dubai as a leading hub for digital asset management and legal innovation. For individuals, it provides peace of mind—ensuring their digital legacy is preserved as meticulously as their physical one. It also strengthens Dubai’s reputation as a forward-thinking jurisdiction in the evolving world of digital finance.

 

How We Can Help

If you have any questions or require assistance with drafting and registering a Will, either a Simple Will or a Digital Assets Will, please get in touch with us at here.

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Navigating Personal Status Laws in the UAE

Personal status law and its application to the vast and growing expatriate population in the United Arab Emirates (UAE) is often a point of contention when residing in the UAE. The UAE stands as a beacon of multiculturalism, thanks to its diverse population that spans nearly every nation on the globe. A common question among expatriates is, “Can I apply the law of my home country to my personal status issues?” The answer is often affirmative.

In its efforts to accommodate this diversity, the UAE has taken proactive and thoughtful steps to ensure that foreign residents feel recognised and respected, particularly regarding personal status laws. These measures ensure that individuals are governed by laws that align with their culture, background, and personal understanding.

In light of this, significant steps have been taken by the UAE government to include amendments to the UAE Civil Transactions Law No. 5 of 1985 concerning the application of personal status laws, followed by the groundbreaking enactment of the Federal Personal Status Civil Law No. 41 of 2022, setting a precedent within the region. Prior to this, Abu Dhabi led the way with its own Personal Status Civil Law No. 14 of 2021, tailored for the Emirate’s population.

For the average expatriate, navigating legal complexities may seem daunting. However, the introduction of these laws simplified the process by granting non-Muslim residents the ability to determine which legal framework governs their personal status matters. In order to ascertain the application of one law over the other, a non-muslim expatriate must consider their place of residence –

  • If the individual resides in Abu Dhabi, the applicable law is the Personal Status Civil Law No. 14 of 2021.
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  • If the individual resides in the other six emirates (which includes Dubai), the Federal Personal Status Civil Law No. 41 of 2022 shall apply.

In addition to the laws mentioned above, Articles 12 and 13 of the UAE Civil Transactions Law No. 5 of 1985 allow the application of the law of the country where the marriage took place to govern matters such as marriage, its financial implications and divorce. In the event that applying the law of the country where the marriage took place becomes unfeasible during a dispute, the applicable law shall be based on the expatriate’s place of residence as above.

The legal framework introduced in the UAE provides expatriates with a clear understanding of the laws they are subject to, enabling them to familiarise themselves with their rights and obligations. By doing so, they can align their actions with the legal framework, fostering harmony between their personal choices and the laws of their country. These reforms highlight the UAE’s commitment to inclusivity and its pioneering role in accommodating multiculturalism through legal innovation.

Contact us to learn more about what services we can provide you. At Al Midfa & Associates, we offer comprehensive services tailored to meet your needs, ensuring that your rights are protected at every step of the way.