The case for judiciousness

Judge Ahmed Ibrahim, Saif head of the Dubai civil court and former chief of the criminal courts. (Amy Leang/The National)

One of the things that distinguishes the UAE in a region that has more than its fair share of dysfunction is its adherence to the rule of law. Add to that its tolerance and openness to new ideas and to better ways of doing things – including the framing of laws and the dispensation of justice.

An example of this is the call by senior judges for a review of the law that makes it mandatory to deport an expatriate even if convicted of a relatively minor offence such as kissing in public or flashing a middle finger. Deportation has lifelong consequences for the offender's prospects, they argue, and may be disporportionate to the offence. Judge Ahmed Ibrahim Saif, head of the Dubai Civil Court and former head of the criminal courts, told The National: "In some societies flashing a middle finger may be annoying but not criminal".

Our understanding of illegal or undesirable behaviour needs to be continually re-assessed. Public standards change over time and behaviour that was deemed offensive 20 years ago may not be seen as quite so bad today. Equally, conduct that was tolerated in the past, such as sexist or racist behaviour, is now considered unacceptable.

The UAE is a conservative Muslim country and our laws should always reflect standards expected by Emiratis. When people visit or work in a foreign country, they implicitly agree to abide by the laws of the land and it is pointless to plead ignorance to excuse misbehaviour. But if it is mere misbehaviour – especially a first offence – and not a criminal act committed with malicious intent, surely justice and the public interest are not served by meting out disproportionate punishment. This is the point of the argument that Judge Saif and others are making.

It is for judges to balance just punishment with fairness. If an offence is relatively minor, it is for the judge to decide on deportation or lesser punishment, such as a fine or community service and a caution. As Judge Saif points out, “we need justice, not cruelty”.