Legal Insights | Episode 2 | UAE Legal Systems: Common Law vs Civil Law (Arabic)

In this second episode of the Legal Insights Podcast, our Arabic speaking team explore the foundations of the UAE’s unique legal landscape, where civil law traditions, Sharia principles, and common law frameworks coexist.

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Abdelmajid Alsalous, Hesham ElSamra and Moamen Elwan, explore how the UAE’s civil law framework has developed from Egyptian and European civil law traditions while adapting to the country’s federal structure.

Listeners gain a clear overview of how federal and emirate level courts function, the role of Sharia in areas such as family and personal status matters, and how these layered influences shape the broader legal landscape.

The episode then examines how the UAE’s civil courts operate in practice, including key procedural features that distinguish them from common law jurisdictions. The speakers highlight where Sharia principles directly affect legal outcomes and discuss how civil proceedings differ from the adversarial model. They also touch on recent legal reforms and evolving procedural rules, crucial insights for businesses, in house counsel, and practitioners looking to stay aligned with a fast changing regulatory environment.

Listeners are also taken inside the DIFC and ADGM courts, the UAE’s internationally recognised common law jurisdictions. The panel explains when these courts have jurisdiction, how English common law is applied or adapted, and how offshore courts interact with onshore civil courts. By demystifying areas such as conflicts of jurisdiction, enforcement of judgments, and the opt in mechanisms available to contracting parties, the discussion provides essential context for anyone navigating cross border or commercial disputes in the UAE.

The episode closes with practical guidance on strategic decision making, particularly how clients choose between onshore courts, the DIFC, or the ADGM depending on their dispute resolution needs. With real world insights from the panel, including comparisons with other common law jurisdictions, listeners gain a deeper understanding of how to leverage each system’s strengths.

For legal professionals, investors, and companies operating in the region, this episode offers a compelling, accessible overview of the UAE’s dual legal framework and why it matters in today’s commercial environment.