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LEGAL AND CONSTITUTIONAL DEVELOPMENTS liii
arise among individuals within the permanent capital of the Union,
(Art. 102).
Except for the High Federal Court, formed in 1973, none of the
other divisional courts have yet been formed. Nor has the
Government of the Union promulgated any of the laws specified in
the Constitution for the purpose of setting up the above divisional
courts.
(b) The Emirates.1 The local judicial system in the Emirates
concerned still lacks organisation. The modern notion of Judiciary
still appears to be unknown in the territories of these Emirates. In
fact, there seems to be very little in the way of organised Judiciary in
the said territories. The Rulers of the Emirates mostly administer
“palm-tree justice” personally in cases which are not entertained
by a qadi who normally settles disputes on the basis of his personal
knowledge of the generally accepted principles of Shari’a law.
Generally speaking, justice in most of the Emirates is dispensed of
by the Ruler or any designated member of his family, in accordance
with Shari’a law, equitable principles and the Ruler’s own notion of
justice. Complicated criminal and civil disputes are often referred to
a qadi, who applies Shari’a law principles. Commercial disputes are
referred to a tribunal formed of two or three known merchants who
would investigate such disputes and make the appropriate
recommendations, in accordance with accepted commercial rules
and local custom. In Abu Dhabi, Dubai, and perhaps Sharjah,
arbitration in commercial cases is referred to the Chambers of
Commerce in the said territories. In all other matters relating to
personal status, Shari'a law is strictly applied.
Judicial Developments in Abu Dhabi, Dubai and Sharjah
It is noteworthy that certain judicial developments have taken place
in these Emirates during the last six years. These can be explained,
briefly, as follows: (a) In the case of Abu Dhabi, a civil courts law
was passed in September, 1968.2 According to this Law, the
judiciary has been organised, and civil courts of first instance,
together with civil courts of appeal, have been constituted. In
addition, the Law has reorganised the Shari’a courts and clearly
defined their jurisdiction. The civil courts have been vested with a
wider jurisdiction outside personal status matters. According to
Article 9, of the Law, “civil judges shall administer the powers
which the various laws of the territory authorise them to exercise”,
(b) In the case of Dubai, a civil courts law was passed recently.
Accordingly, the majority of commercial cases have been
1. For a general description of the Judiciary in the “Trucial States” before 1968.
see this book at pp. 16-17, below.
2. Official Gazette (Abu Dhabi) No. 6, Nov. 1968.