Corresponding
to 9 Shaaban 1439 H.
ON
THE ORGANIZATION AND CARE FOR MOSQUES
We,
Khalifa Bin Zayed Al Nahyan, President of the UAE,
After
perusal of the Constitution;
Federal
Law No. (1) of 1972 on the Competencies of the Ministries and Powers of the
Ministers
Federal
Law No. (3) of 1987 promulgating the Penal Code and its amendments;
Federal
Law No. (35) of 1992 promulgating the Penal Procedure Law and its
amendments;
Federal
Law No. (7) of 1999 promulgating the Pensions and Social Security Law and
its
Federal
Law No. (29) of 1999 on the establishment of the General Authority of Islamic
Affairs
and
Endowments and its amendments;
Federal
Decree-Law No. (11) of 2008 on Human Resources in the Federal Government and
its
Based
on the approval of the Cabinet and the Federal National Council, and the
ratification of
the
Federal Supreme Council;
Have
promulgated the following Law:
In
application of the provisions of the present Law, the following terms and
expressions shall have the meanings assigned thereto, unless the context
requires otherwise:
State:
United Arab Emirates
Authority:
General Authority of Islamic Affairs and Endowments
Competent
Authority: Local Committee or Authority concerned with Mosques’
Affairs
Chairman:
Chairman of the concerned Authority
Mosque:
Space provided for prayer; all the Mosque’s yards, entrances, dependencies
and facilities are considered related to the Mosque and subject to same
provisions.
Public
Prayer Place: Space provided for prayer in the public or private
establishments
Private
Prayer Place: Space provided for prayer in the public or private establishments
if it is not open to all
Eid
Prayer Place: Space provided for Eid prayer
Staff
of the Mosque: Whoever, at a Mosque or Prayer Place, occupies any of the
positions that are approved and licensed by the Competent Authority
Article
2- Scope of Applicability
The
provisions of the present Law shall apply to the Mosques as well as to the
Public, Private and Eid Prayer Places in the State.
Organising
the Mosque’s Affairs
Article
3- Naming the Mosques
1-
The Competent Authority shall have the competence to name the Mosques.
2-
Without prejudice to the provisions of Clause (1) of this Article, the Mosque
may be named upon approval of the Competent Authority and at the behest of the
donor contributing to the construction of the Mosque.
3-
The Name of the Mosque shall not be repeated in the same City except with the
consent of the Competent Authority.
Article
4- Competences of the Competent Authority
The
Competent Authority shall supervise the Mosques as well as the Public and Eid
Prayer Places, and it shall organise their affairs and take care of them, and in
particular:
1-
Provide the needs of the Mosques and Eid Prayer Places, and supervise their
cleanliness, maintenance and furniture.
2-
Determine the prayer timings and muezzin call for prayer times, as well as the
mechanism of installing internal and external loudspeakers in addition to the
terms and conditions of their use.
3-
Organise religious lectures and studies and any other events.
4-
Prepare unified subjects for the Fridays’ Khutbah as well as the Eid and
Religious Events’ Sermons, determine the persons responsible for them and
supervise their execution.
5-
Determine the timings of the opening and closure of the Mosques, as well as the
conditions and controls of seclusion therein
1-
It is not permitted to establish any Mosque or Eid Prayer Places, or to provide
spaces for Public Prayer Places or carry out any modification or additions or
maintenance without getting a License from the Competent Authority in
coordination with the Concerned Entities in the State, according to the
prescribed conditions and controls.
2-
The donors contributing to the establishment of the Public Prayer Places shall
provide their needs and bear their expenditures in coordination with the
Competent Authority, according to the conditions and controls.
Article
6- Security and Safety of Mosques
The
Competent Authority, in coordination with the Concerned Entities in the State,
shall follow all the procedures that ensure safety and security of the Mosques
and Prayer Places and Eid Prayer Places.
1-
The title deeds of the Mosques shall be registered in the name of the Competent
Authority at the Entities Concerned with the registration of real estates in
each Emirate
2- By way of exception from the provision of clause (1) of this Article, the
title deeds of the Mosques may be registered in the name of any governmental,
federal or local entity in coordination with the Competent Authority, provided
that the party that is responsible for the care for the Mosque bears the charges
of its maintenance under supervision of the Competent Authority and in
coordination therewith.
Article 8- Activities Permitted by a Licence
Unless
a Licence is granted by the Competent Authority, the following acts are
forbidden at Mosques as well as at the Public, Private and Eid Prayer Places:
1-
Delivering lectures or sermons
2-
Organising Instructional Sessions and Quran memorisation courses
3-
Collecting donations or contributions
4-
Appointing or assigning any person to work on permanent or temporary basis
5-
Establishing libraries
6-
Celebrating religious or social events or organising meetings related thereto
7-
Distributing books, circulars, CDs, audio-visual recordings and others, and
stick advertisements and brochures.
9-
Entering Qurans or furniture
10-
Serving feasts or breakfasts
The
following acts are directly forbidden at the Mosques as well as at the Public,
Private and Eid Prayer Places:
2-
Intervening in the affairs of Sermons or Athan
3-
Practicing any activity that may prejudice the security or the inviolability of
the Mosques
Article
10- Conditions of Appointment
The
candidate for appointment to any job at the Mosques, shall meet the following
requirements:
b-
Be of good reputation and good conduct
c-
Not have been sentenced to a custodial penalty for a felony or misdemeanour
involving breach of honour or trust, unless rehabilitated
d-
Undergo the required procedures and tests
e-
Be medically fit according to the decision of the official medical authority
f-
Have acquired the educational qualifications certified and equalised by the
relevant authority in the State
2-
Subject to the provision of Clause (1) of this
Article
, non-citizens may be appointed in case
of lack of citizens that meet the conditions and requirements of the vacant
position.
Article
11- Human Resources Regulation
1-
The Council of Ministers – based on the proposal of the Board of Directors
of the Authority- shall issue a Regulation related to the human and financial
resources for the Staff of the Mosques of the Authority
2-
The Chairman of the Authority shall issue a decision to provide residences for
the workers at the Authority’s Mosques, upon the issuance of the Cabinet
Decision mentioned in clause (1) of this Article, without infringement of their
acquired employment rights.
Article
12- Obligations of the Mosques’ Staff
The
employees working at the Mosques shall commit to the following:
1-
Implement the instructions of the Competent Authority in terms of Friday’s
Khutbah as well as the Eid and Religious Events’ Sermons, in addition to
the subjects of sermons, courses, lectures and Fatwa.
2-
Wear the uniform designated by the Competent Authority to the Mosques’
workers while carrying out their assigned tasks.
Article
13- Prohibitions for the Staff of the Mosques
The
Mosques’ Staff shall be prohibited to:
1-
Belong to any unlawful association, or practice any forbidden political or
regulatory activities.
2-
Deliver sermons, fatwa, lectures or Quran memorisation sessions outside the
Mosques or at the entities which are authorised by the Competent
Authority.
3-
Participate in any public information activities without obtaining a prior
permit from the Competent Authority.
4- Collect cash or in-kind donations or contributions for themselves or for a
third party
The
penalties stipulated in the present Law shall not prejudice any severer penalty
stipulated in any other law.
Anyone
who violates the provisions of Article (8) and Clauses (1,2) of Article (9) of
the present Law, shall be sentenced to imprisonment or a fine of maximum (AED
5000) five thousand dirhams or either one of the two penalties.
Anyone
who violates the provisions of Clause (3) of Article (9) of the present Law,
shall be sentenced to imprisonment or a fine of minimum (AED 20000) twenty
thousand dirhams and maximum (50000) fifty thousand dirhams or either one of the
two penalties.
Article
17- Law Enforcement Authority
The
staff assigned by virtue of a Decision of the Minister of Justice in agreement
with the Chairman, shall be granted law enforcement authority to prove any
violation of the provisions of the present Law and the decisions issued for its
implementation, within the scope of competence of each staff member.
Article
18- Regularising the Statuses
The
Competent Authority shall undertake to regularise the statuses of the Mosques,
Public and Eid Prayer Places which are established before the enforcement of the
provisions of the present Law, within one year from the date of entry into force
of the said provisions. This term may be extended by virtue of a Cabinet
Decision.
Article
19- Legislations of Human Resources
1-
Human Resource Legislations in force at the Competent Authority shall be apply
unless special provisions are prescribed in this regard in the present
Law.
2-
The rules, regulations and decisions applicable at the time if issuance of the
present Law shall remain in force without contradicting to its provisions, until
the issuance of the rules, regulations and decisions replacing them.
Article
20- Decisions of Implementation of the Law
1-
The Council of Ministers shall issue the Implementing Regulation necessary for
the application of the provisions of the present Law within six months from the
date of enforcement.
2-
The Authority shall issue the decisions required for the implementation of the
provisions of the present Law.
3-
Subject to the provisions of clauses (1) and (2) of this Article, the local
authority concerned with the affairs of Mosques in each Emirate shall set the
required conditions and controls to implement the provisions of this Law,
without prejudice to its provisions.
Any
provision violating or contradicting the provisions of the present Law shall be
abrogated.
Article
22- Publication and Enforcement
The
present Law shall be published in the Official Gazette and shall come into force
from the day following its publication.
Issued
by us at the Presidential
Corresponding
to: 25 April 2018
Khalifa Bin
Zayed Al Nahyan
President of the
United Arab Emirates
The
present Federal Law was published in the Official Gazette, issue no. 629 Page
23.