UAE Raises Minimum Jail Term To 15 Years In Murder Cases Where Qisas Is Waived

(MENAFN- Khaleej Times) Those convicted of murder will face imprisonment of 15 to 20 years in cases where the victim's heirs waive their right to qisas (retribution), under amendments to the UAE's Crimes and Penalties Law announced on Thursday, October 8.

The minimum prison term in such cases has increased from seven years to 15, while the maximum has risen from 15 years to 20, according to a legal expert.

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The Federal Decree Law amends Clause (3) of Article (384), stipulating that the new prison term will apply if the victim's heirs waive their right to qisas at any stage of the legal proceedings or before the sentence is carried out.

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The government said the amendment strengthens legal deterrence while balancing the right of the victim's heirs to waive qisas and the need to protect“society from extremely serious crimes”.

What changes under the new law?

Dr Hasan Elhais, Legal Consultant at Amal Al Rashedi Lawyers and Legal Consultants, explained that the previous version of Article 384(3) prescribed temporary imprisonment of at least seven years when the victim's legal heirs waived their right to qisas.

The amended provision expressly sets the sentencing range at 15 to 20 years.

“The central principle remains the same: forgiveness by the victim's heirs does not remove criminal responsibility. The amendment strengthens the punishment that remains after the right to qisas has been waived,” he said.

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

The victim's legally entitled heirs have the right to waive qisas. However, such a waiver does not amount to an acquittal or bring the criminal case to an end.

The law preserves a separate punishment to reflect society's interest in protecting life and deterring serious crimes.

Under the amended provision, the court will determine the appropriate sentence within the 15-to-20-year range by assessing the circumstances of the offence and the applicable sentencing rules.

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

Dr Elhais explained that a legally effective waiver removes the heirs' claim to qisas.

However, this does not mean that 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 explained.

The court also retains discretion in determining the prison sentence, subject to the applicable law.

“The key distinction is that forgiveness affects the right to retribution, while the offender's responsibility to society remains,” Dr Elhais said.

Other changes to the law

As reported by Khaleej Times, the amendments also decriminalise attempted suicide, shifting the approach from criminal punishment to prevention, treatment and care. The government said the move aims to reduce the fear of legal consequences among people experiencing psychological crises, encouraging them to seek help early and receive the support they need.

The new law also introduces“graduated penalties” for inciting or assisting suicide, with punishments depending on the consequences, including imprisonment of five to seven years if the incitement or assistance results in death.

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