أسئلة قانونية إماراتية عامةقانون اتحادي في شأن تنظيم المقابر وإجراءات الدفن

Article (4) Bans and prohibitions 1. No individual may commit any of the following acts: A. Desecrate or defile cemeteries or any place intended for the preservation or burial of corpses, human organs, human remains, or associated elements, or any of contents thereof; B. Violate the sanctity of the deceased in any way; and C. Misuse cemeteries for purposes other than their intended use. 2. Any grave may not be dug up to extract a corpse, a human organ, or human remains without judicial authorisation.

Article (5) Electronic Database The competent authority shall establish an electronic database of deaths, human organs, or human remains that are buried in cemeteries. The Executive Regulations of this Law shall specify the data to be met. Chapter Three Transfer and Washing of the Deceased Procedures

Article (6) Transfer Permit The body of a deceased, a human organ, or human remains that are located in health facilities or outside may not be transferred except after obtaining a permit from the Public Prosecution Office in coordination with the police, and in accordance with the terms and

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Federal Law of 2021 Regulating the Cemeteries and Burial Procedures 6 conditions stipulated by the Executive Regulations of this Law. In all cases, any corpse, human organ, or human remains may not be transferred except by means of transportation specifically designated for that.

Article (7) Application for Transferring a Corpse Without prejudice to the legislation in force in the State, the applicant for transferring the corpse of a foreign deceased or any of organs or remains thereof, to a foreign country, shall bear the cost of transfer and deportation thereof in accordance with the terms and procedures specified in the Executive Regulations of this Law. The transfer of corpses, human organs, or remains shall only be permitted through authorised official ports.

Article (8) Washing, Shrouding, and Preparing a Muslim Deceased The Competent Authority shall be responsible for washing, shrouding, and preparing a Muslim deceased. However, the deceased relatives may also perform these tasks in accordance with the provisions of Islamic Law, within a period not exceeding three days from the date of obtaining the burial permit. The deceased may be washed, shrouded, and prepared at home, upon the request of relatives thereof, in accordance with the terms and conditions set by the Health Authority.

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Article (9) Preparation of a non-Muslim Deceased The relatives of a non-Muslim deceased or someone related thereto shall be responsible for preparing the deceased within a period not exceeding seven days from the date of obtaining the burial permit, under the supervision of the Competent Authority in coordination with the Health Authority. The Executive Regulations of this Law shall specify the necessary terms and conditions.

Article (10) Terms and Conditions of places designated for washing the deceased The Executive Regulations hereof shall specify the terms and conditions to be met in the places designated for washing the deceased, and the conditions for the workers therein. Chapter Four Procedures for Burying the Deceased

Article (11) Burial of Corpses in Designated Cemeteries Corpses, human organs, or human remains may not be buried except in cemeteries designated by the Competent Authority, in accordance with the terms and conditions specified by the Executive Regulations hereof.

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Article (12) Burial Permit for Human Organs The burial of any organ of the human body that has been removed or amputated for medical reasons may not be done without a permit from the Health Authority. If the removal or amputation is for criminal reasons, the permit shall be issued by the Public Prosecution Office. In all cases, the burial procedures for such organs shall be the same as those for the corpses in accordance with the terms and conditions specified by the Executive Regulation hereof.

Article (14) Death in Execution of a Judicial Ruling If the death is carried out in execution of a judicial ruling, the corpse shall be buried in the State by the Competent Authority after coordination with the Public Prosecution Office and the police.

Article (15) Procedures for the Burial of Unclaimed Corpses The Executive Regulations hereof shall regulate the procedures for the burial of unclaimed corpses, human organs, or human remains. Chapter Five Penalties

Article (16) The Most Severe Punishment The penalties stipulated in this Law shall not prejudice any more severe penalty stipulated by any other law.

Article (18) Punishment for burial in cemeteries other than those designated by the Competent Authority Whosoever buries a corpse, human organ, or human remains in a cemetery other than those designated by the Competent Authority shall be punished by imprisonment for a period not exceeding one year and a fine ranging from (10,000) ten thousand Dirhams to (100,000) one hundred thousand Dirhams, or by one of these two penalties.

Article (19) The punishment for preparing a burial place or disposing of corpses, organs, or remains in circumstances other than those stipulated in this Law Whosoever prepares a burial place or disposes of corpses, organs, or remains in circumstances other than those stipulated in this Law shall be punished by imprisonment for a period not exceeding one year and a fine ranging from (20,000) twenty thousand Dirhams

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Federal Law of 2021 Regulating the Cemeteries and Burial Procedures 11 to (100,000) one hundred thousand Dirhams, or by one of these two penalties.

Article (20) The punishment for exporting a corpse, an organ, or remains of a dead person, or importing them into the country without a permit Whosoever imports a corpse, an organ, or remains of a dead person into the United Arab Emirates or exports them without obtaining a permit shall be punished by imprisonment for a period not exceeding one year and a fine ranging from (50,000) fifty thousand Dirhams to (100,000) one hundred thousand Dirhams, or by one of these two penalties.

Article (21) The punishment for defiling or desecrating a grave, cemetery, or place for the storage or burial of corpses and organs Whosoever defiles or desecrates a grave, cemetery, or place for the storage or burial of corpses and organs shall be punished by imprisonment for a period not exceeding one year and a fine ranging from (100,000) one hundred thousand Dirhams and to (200,000) two hundred thousand Dirhams, or by one of these two penalties.

Article (22) Whosoever digs up a grave to extract a corpse, organ, or remains of a dead person shall be punished by imprisonment for a period not less than four years and a fine ranging from (100,000) one hundred thousand Dirhams to than (200,000) two hundred thousand Dirhams. The punishment shall be imprisonment for a period not less than five years if the

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Federal Law of 2021 Regulating the Cemeteries and Burial Procedures 12 grave-digging resulted in the desecration of the dead person in any manner.

Article (23) The punishment for burying or disposing of corpses, organs, or remains of the dead people without a permit Whosoever imports a corpse, an organ, or remains of a dead person into the United Arab Emirates or exports them without obtaining a permit shall be punished by imprisonment for a period not exceeding one year and a fine ranging from (100,000) one hundred thousand Dirhams to (500,000) five hundred thousand Dirhams, or by one of these two penalties. Chapter Six Final Provisions

Article (24) Monitoring, inspection, guarding, securing, and cleaning of cemeteries The Competent Authority shall be responsible for the following tasks: monitoring, inspection, guarding, securing, and cleaning of cemeteries, and providing all the necessary materials for digging graves and burying the deceased. The Competent Authority may assign these tasks to the private sector.

Article (25) Judicial Control Officers Employees designated by a resolution of the Minister of Justice, in agreement with the Competent Minister or the chairman of the Competent Authority, shall have the capacity of

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Federal Law of 2021 Regulating the Cemeteries and Burial Procedures 13 judicial officers for proving all violations, within their jurisdiction, of the provisions of this Law, its Executive Regulation and the decisions issued in the implementation thereof.

Article (26) Fees The imposition of any fees in execution of the stipulations of this Law may be established upon a decision of the Cabinet.

Article (27) Issuing the Executive Regulations of Law The Cabinet shall issue the Executive Regulation of this Law upon a proposal from the Minister of Interior and the Minister of Health and Prevention within three months from the publication date thereof.

Article (28) Repeals Any provision that violates or contradicts the provisions of this Law shall be repealed.

Article (29) Publication and Enforcement This Law shall be published in the Official Gazette and shall come into force after three months from the date of its publication.

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Federal Law of 2021 Regulating the Cemeteries and Burial Procedures 14 Khalifa bin Zayed Al Nahyan President of the United Arab Emirates Issued by us at the Presidential Palace in Abu Dhabi: Date: May 19, 2021 Corresponding to: Shawwal 07, 1442 H.

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