UAE Criminal Law Key Amendments Under Federal Decree-Law No. 2 of 2026
Federal Decree-Law No. 2 of 2026 introduces significant amendments to UAE Criminal Law, establishing revised penalties for intentional killing following a waiver of qisas, decriminalising attempted suicide and introducing a graduated sentencing framework for offences involving the incitement or assistance of suicide.
Issued on 07 September 2026 and published in Official Gazette Issue No. 831, page 69, the Decree-Law amends Federal Decree-Law No. 31 of 2021 promulgating the Crimes and Penalties Law.
The amendments reflect the UAE’s continuing efforts to strengthen criminal justice, protect the right to life and balance individual rights with the wider interests of society.
Understanding Qisas and Diya Under UAE Criminal Law
Under UAE Criminal Law, Islamic Sharia governs offences involving qisas and diya, subject to the applicable statutory framework.
Qisas refers to legal retribution for certain offences involving death or bodily injury. In cases of intentional killing, the victim’s heirs may be entitled to seek retribution in accordance with Islamic Sharia.
Diya, commonly referred to as blood money, is financial compensation payable in circumstances prescribed by law. Article 383 establishes diya for involuntary manslaughter at AED 200,000, subject to adjustment by the Council of Ministers.
Importantly, Article 383 preserves any diya legally payable where qisas cannot be imposed, alongside the applicable statutory penalties.
The distinction between these concepts remains fundamental to understanding criminal liability and sentencing in the UAE.
Article 384(3): Revised Penalties Following a Qisas Waiver
One of the principal changes to UAE Criminal Law concerns Article 384(3), which governs sentencing where the victim’s heirs waive their right to qisas.
Under the amended provision, where the heirs waive that right at any stage of the proceedings or before the sentence has been fully enforced, the applicable punishment is:
Imprisonment for a minimum of 15 years and a maximum of 20 years.
Previously, Article 384(3) prescribed a minimum term of seven years’ imprisonment in these circumstances.
The amendment therefore establishes a more stringent sentencing framework.
Does a Qisas Waiver Remove Criminal Liability?
No. A waiver of qisas does not automatically extinguish the offender’s criminal liability.
Although the victim’s heirs may relinquish their right to retribution, the State retains its interest in prosecuting and punishing serious criminal offences.
“A family’s waiver of qisas does not automatically end criminal liability.”
The revised provision reinforces the distinction between the rights of the victim’s heirs and the public interest in criminal accountability.
Article 386: Changes to Suicide-Related Offences
Another important development in UAE Criminal Law is the replacement of Article 386, which addresses suicide-related offences.
Decriminalisation of Attempted Suicide
The amendment removes criminal punishment for attempted suicide itself.
Under the previous Article 386 of Federal Decree-Law No. 31 of 2021, attempted suicide was expressly criminalised and punishable by imprisonment for up to six months, a fine not exceeding AED 5,000, or both. The provision also empowered courts to order placement in a therapeutic institution instead of imposing criminal punishment.
Federal Decree-Law No. 2 of 2026 introduces a significant change to UAE Criminal Law by replacing Article 386 and removing the criminal penalty previously imposed on individuals who attempt suicide.
The amendment draws a clearer distinction between individuals who attempt to take their own lives and those who incite or assist another person to do so. Whilst attempted suicide itself is no longer punishable under Article 386, inciting or assisting suicide remains a criminal offence, subject to revised penalties determined by the consequences of the conduct.
This legislative change may be viewed as reflecting a more compassionate approach towards individuals experiencing suicidal distress, whilst maintaining criminal accountability for those who encourage or facilitate suicide.
Revised Penalties for Inciting or Assisting Suicide
The amended Article 386 introduces the following sentencing framework:
| Consequence | Statutory Penalty |
| Attempted suicide without death | Imprisonment and a fine, or either penalty |
| Permanent disability, illness or inability to undertake personal activities for more than 20 days | Temporary imprisonment of 3–5 years and a fine |
| Death resulting from incitement or assistance | Temporary imprisonment of 5–7 years |
This graduated approach distinguishes between offences according to the resulting harm, whilst retaining criminal responsibility for those who encourage or facilitate another person’s suicide.
Aggravating Circumstances and Vulnerable Victims
The amendments to UAE Criminal Law also strengthen protection for vulnerable individuals.
Incitement or assistance is treated as an aggravating circumstance where the affected person:
- Is under 18 years of age; or
- Has diminished volition or perception.
Where the person lacks volition or perception altogether, the offender is subject to the punishment prescribed for intentional murder or attempted intentional murder, as applicable.
These provisions recognise the increased seriousness of exploiting individuals who may be unable to exercise independent judgement.
Deportation of Foreign Nationals
The amended Article 386 also provides for the deportation of foreign nationals convicted of inciting or assisting in suicide. This introduces an additional statutory consequence for non-UAE nationals convicted under the relevant provisions.
Exemption Where the Offender Prevents Death
A further feature of the UAE Criminal Law amendments is the possibility of exemption from punishment where an offender voluntarily intervenes to prevent suicide.
The court may grant an exemption where the person responsible for incitement or assistance independently takes effective action before the suicide is completed and successfully prevents death.
However, the exemption is unavailable if the attempt results in permanent disability, illness or an inability to undertake personal activities for more than 20 days.
The provision encourages effective intervention whilst preserving accountability where serious harm has occurred.
Why the UAE Criminal Law Amendments Matter
Federal Decree-Law No. 2 of 2026 represents a targeted reform of the UAE’s criminal justice framework rather than a comprehensive replacement of the Crimes and Penalties Law.
Its principal significance lies in three areas.
First, the increased imprisonment range following a qisas waiver reinforces criminal accountability notwithstanding the decision of the victim’s heirs to relinquish their right to retribution.
Secondly, the decriminalisation of attempted suicide reflects a greater emphasis on prevention, treatment and humanitarian considerations.
Thirdly, the revised penalties for inciting or assisting suicide establish a more structured approach to sentencing, having regard to the resulting harm and the vulnerability of the affected individual.
Conclusion
The latest UAE Criminal Law reforms seek to balance deterrence, public protection and humanitarian considerations within the criminal justice system.
By strengthening penalties for intentional killing following a qisas waiver, removing punishment for attempted suicide and introducing graduated penalties for incitement or assistance, Federal Decree-Law No. 2 of 2026 clarifies several important aspects of criminal responsibility.
The amendments demonstrate the UAE’s continuing legislative commitment to safeguarding human life, maintaining criminal accountability and developing a more responsive justice system.
More Article on UAE Criminal Law
Author’s Bio:
Nikhat Sardar Khan (FCIArb)(RICS)
LinkedIn: https://www.linkedin.com/in/nikhatskhan
