UAE raises minimum jail term to 15 years in murder cases where qisas is waived

Those convicted of murder in the UAE will face 15 to 20 years in prison when the victim’s heirs waive their right to qisas (retribution), Khaleej Times reported. The amendments to the Crimes and Penalties Law were announced on Thursday, October 8. The government says the change strengthens deterrence.

What is the new jail term for murder in the UAE when qisas is waived?

The UAE has raised the jail term for murder to 15 to 20 years when the victim’s heirs waive qisas. Previously, the range was seven to 15 years. The new term applies if the waiver happens at any stage of the proceedings or before the sentence is carried out.

What changes under the amended Crimes and Penalties Law?

The Federal Decree Law amends Clause (3) of Article (384). The government said the amendment strengthens legal deterrence. It also balances the heirs’ right to waive qisas with the need to protect society from extremely serious crimes.

Dr Hasan Elhais, legal consultant at Amal Al Rashedi Lawyers and Legal Consultants, said the previous version of Article 384(3) set temporary imprisonment of at least seven years. The amended provision sets the range at 15 to 20 years.

The court will decide the sentence within that range. It will assess the circumstances of the offense and the applicable sentencing rules.

What is qisas and does forgiveness end the case?

Elhais said qisas is a form of retribution recognized under Islamic law. In cases of intentional killing, it may involve the death penalty, subject to legal requirements and a court judgment.

The victim’s legally entitled heirs have the right to waive it. A waiver is not an acquittal and does not end the criminal case. The law keeps a separate punishment to reflect society’s interest in protecting life and deterring serious crimes.

“The central principle remains the same: forgiveness by the victim’s heirs does not remove criminal responsibility,” Elhais said.

Can a person still face the death penalty in the UAE if the family forgives?

Elhais said a legally effective waiver removes the heirs’ claim to qisas. That does not mean forgiveness automatically removes the possibility of the death penalty in every criminal case.

“A waiver of qisas does not, by itself, extinguish liability for a separate offence carrying its own death penalty,” he said.

The court also keeps discretion in setting the prison sentence, subject to the applicable law. Elhais said forgiveness affects the right to retribution, while the offender’s responsibility to society remains.

What other changes does the UAE Crimes and Penalties Law include?

The amendments also decriminalize attempted suicide. The approach shifts from criminal punishment to prevention, treatment and care.

The government said the move aims to reduce fear of legal consequences among people in psychological crises. It hopes this will encourage them to seek help early and get support.

The law also introduces graduated penalties for inciting or assisting suicide. Punishments depend on the consequences. If the incitement or assistance results in death, the penalty is five to seven years in prison.