UAE Doubles Minimum Jail Term for Murder Cases When Victim’s Family Waives Right to Retribution

The United Arab Emirates has increased the minimum prison sentence for murder cases in which the victim’s heirs waive their right to qisas, or retribution, raising the term from seven years to 15 years under amendments to the country’s Crimes and Penalties Law announced on October 8.

 

Under the revised provision, offenders in such cases face imprisonment for between 15 and 20 years, compared with the previous range, which carried a minimum term of seven years and a maximum of 15 years. The change strengthens the punishment that applies when the victim’s legally entitled heirs relinquish their right to seek retribution, while preserving the distinction between that right and the state’s responsibility to prosecute serious crimes.

 

The amendment modifies Clause (3) of Article 384 of the law. It applies when the victim’s heirs waive their right to qisas at any stage of the legal proceedings or before the sentence is carried out.

 

The revised framework reflects the principle that a family’s decision to forgive an offender does not automatically remove criminal liability. While the waiver affects the right to seek retribution, the state retains the authority to impose a substantial custodial sentence in recognition of the seriousness of the offence and the need to protect public safety.

 

How The Revised Murder Sentencing Provision Works

 

Qisas is a form of retribution recognised under Islamic law. In cases of intentional killing, it may provide for capital punishment, subject to the applicable legal requirements and a court judgment. The victim’s legally entitled heirs may waive their right to qisas, but that decision does not necessarily bring the criminal proceedings to an end or absolve the offender of responsibility.

 

The amended Article 384(3) establishes a prison term of 15 to 20 years where the relevant waiver has been made. The higher minimum sentence significantly narrows the scope for imposing a shorter term in cases covered by the provision, while the revised maximum increases the potential period of imprisonment.

 

Courts will determine the appropriate sentence within the statutory range, taking account of the circumstances of the offence and the applicable sentencing rules. The amendment therefore preserves judicial consideration of individual cases while establishing a tougher sentencing framework for murder cases in which qisas is waived.

 

The change also reinforces the distinction between the rights of the victim’s heirs and the wider public interest in the administration of criminal justice. Forgiveness may resolve the family’s claim to retribution, but it does not eliminate the consequences of an unlawful killing under the criminal law.

 

What A Waiver Of Qisas Means For Criminal Liability

 

A waiver of qisas is not equivalent to an acquittal. It removes the heirs’ claim to retribution where the waiver is legally effective, but the offender may still face imprisonment under the applicable statutory provision.

 

This distinction is central to the revised sentencing framework. The law recognises the right of eligible family members to relinquish retribution while maintaining a separate punishment intended to reflect the gravity of the crime and deter serious violence.

 

The amendment does not mean that every case involving a waiver will automatically result in the same sentence. The applicable provision sets the range at 15 to 20 years, with the final term determined through the judicial process. The legal consequences may also differ where other offences or separate provisions of the law are involved.

 

In particular, a waiver of qisas does not automatically extinguish liability for a distinct offence that carries its own prescribed punishment. Whether any separate penalty applies depends on the facts of the case and the relevant legal provisions.

 

Amendments Also Change The Treatment Of Attempted Suicide

 

The changes to the Crimes and Penalties Law extend beyond murder sentencing. The revised framework also decriminalises attempted suicide, shifting the legal approach towards prevention, treatment and care for people experiencing psychological distress.

 

The policy aims to reduce the fear of criminal consequences that may discourage individuals in crisis from seeking assistance. By removing criminal punishment for the act of attempting suicide, the amendment seeks to encourage earlier intervention and access to appropriate support.

 

The change represents a shift in emphasis from penal consequences for the person experiencing the crisis towards addressing the circumstances that may lead to an attempt and facilitating access to help. It also distinguishes the person in need of support from those who may deliberately encourage or assist another individual to take their own life.

 

Graduated Penalties For Inciting Or Assisting Suicide

 

The amended law introduces graduated penalties for inciting or assisting suicide, with the punishment depending on the consequences of the conduct. Where the incitement or assistance results in death, the stated prison term is five to seven years.

 

This approach distinguishes between decriminalising attempted suicide itself and maintaining criminal responsibility for conduct that encourages or facilitates another person’s death. The revised framework therefore combines a more supportive approach towards individuals in psychological crisis with penalties for those whose actions contribute to a fatal outcome.

 

Taken together, the amendments address two different aspects of criminal justice: stronger punishment for murder when the victim’s heirs waive qisas, and a revised approach to suicide that places greater emphasis on prevention while retaining sanctions for incitement and assistance.

 

The changes underline the UAE’s approach of differentiating between the rights of individuals directly affected by an offence, the criminal responsibility of the accused and the state’s broader interest in protecting life and public safety.