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Reports on Religious Freedom: United Arab Emirates

(2012)

Executive Summary

The constitution guarantees the “freedom to exercise religious worship…in accordance with established customs, provided that it does not conflict with public policy or violate public morals.” The government generally respected religious freedom in practice, with some restrictions. The trend in the government’s respect for religious freedom did not change significantly during the year. The constitution declares that Islam is the official religion of all seven of the constituent emirates of the federal union and defines all citizens as Muslims. The constitution stipulates that all citizens are equal before the law, without discrimination between citizens on grounds of religious belief. While the law permits Muslims to proselytize non-Muslims, it prohibits efforts to convert Muslims, and denies Muslims the freedom to change religion. The government regulated activities and messaging of most Sunni mosques with the stated purpose of combating violent extremism, and required all religious groups to adhere to general restrictions on freedom of assembly and association, including for religious purposes. The government followed a policy of tolerance towards non-Muslim religious groups, with some exceptions.

There were some reports of societal discrimination based on religious affiliation, belief, or practice. In tandem with the legal prohibition, societal pressure discouraged conversion from Islam to other religions.

U.S. embassy officials engaged with government officials and representatives of religious groups both formally and informally to discuss religious tolerance and freedom. Embassy officers met specifically with the presidential advisor on religious and judicial affairs and with representatives of the federal General Authority of Islamic Affairs and Endowments (known as Awqaf) to encourage continuing efforts to counter religious extremism while maintaining openness to religious diversity. U.S. consulate general officers met with the director general and other officials from the Dubai Department of Islamic Affairs and Charitable Activities (emirate-level Awqaf). During Ramadan, various sections of the embassy and consulate-hosted iftars, and the ambassador hosted a large sohour event.

Section I. Religious Demography

The population is approximately 8.2 million, according to a 2010 estimate by the National Bureau of Statistics. An estimated 89 percent of residents are noncitizens. Of the citizens, more than 85 percent are Sunni Muslims and an estimated 15 percent or fewer are Shia Muslims. Shia Muslims are concentrated in the emirates of Dubai and Sharjah.

Noncitizen residents predominantly come from South and Southeast Asia, although there are substantial numbers from the Middle East, Europe, Central Asia, and North America. According to a 2005 Ministry of Economy census, 76 percent of the total population is Muslim, 9 percent is Christian, and 15 percent belongs to other religious groups, primarily Hindu or Buddhist. Groups together constituting less than 5 percent of the population include Parsis, Bahais, Druze, Sikhs, Ahmadis, Ismailis, Dawoodi Bohra Muslims, and Jews. These estimates differ from census figures because census figures do not take into account the many “temporary” visitors and workers, and count Bahais and Druze as Muslim.

Section II. Status of Government Respect for Religious Freedom

Legal/Policy Framework

The constitution guarantees the “freedom to exercise religious worship…in accordance with established customs, provided that it does not conflict with public policy or violate public morals.” The constitution declares that Islam is the official religion of all seven constituent emirates of the federal union and defines all citizens as Muslims. The constitution stipulates that all citizens are equal before the law, without discrimination between citizens on grounds of religious belief. The law denies Muslims the freedom to change religion. While the law permits Muslims to proselytize others, it prohibits efforts to convert Muslims.

The judicial system applies two types of law, depending on the case. Courts apply Sharia (Islamic law) for most family law matters, e.g., marriage, divorce, and inheritance, and on rare occasions for criminal matters. Courts apply civil law, based on the French and Egyptian legal systems, for all other matters. Shia Muslims in Dubai may pursue Shia family law cases through a special Shia council rather than the regular judicial system. When Islamic law courts try non-Muslims for criminal offenses, crimes are generally not punishable by Islamic law penalties. In cases punishable by an Islamic law penalty, non-Muslims generally receive civil penalties at the discretion of the judge. Higher courts may overturn or modify Islamic law penalties imposed on non-Muslims.

The government prohibits proselytizing and the distribution of non-Islamic religious literature under penalty of criminal prosecution, imprisonment, and deportation. The law prohibits proselytizing for any religion other than Islam. The government sometimes threatens to revoke the residence permits of persons suspected of proselytizing for a religion other than Islam.

The law prohibits blasphemy, swearing, profanities, insults, and all types of vulgar language and behavior. Offenders are subject to fines, imprisonment, and deportation. The law provides penalties for using the Internet to preach against Islam, proselytize Muslims, “abuse” a holy shrine or ritual of any religion, insult any religion, and incite someone to commit sin or contravene “family values.”

Conversion from Islam to another religion is not recognized, and no data is available detailing the number of conversions. The legal punishment for conversion from Islam is death, although there have been no known prosecutions or legal punishments for apostasy in court. The government annually publishes a list of foreign residents who have converted to Islam. The list varies in length from year to year. There are no known consequences or benefits to having one’s name included in the list.

While the government does not require formal licensing or registration for non-Muslim religious groups, it monitors their growth and development through land grants. The government grants permission to build houses of worship on a case-by-case basis when congregations outgrow smaller private facilities. The government follows a policy of tolerance toward non-Muslim religious groups and interferes little in their religious activities.

Awqaf administers Sunni mosques, many of which must follow government-approved sermons. Awqaf gives greater flexibility to its mid-level and senior imams to write and deliver weekly sermons to their local congregations. Some Shia mosques follow Awqaf approved weekly addresses, while other Shia mosques write their own sermons. Shia Muslims have their own council, the Jaafari Waqf Charity Council, which runs their affairs.

The federal level Awqaf appoints Sunni imams, except in Dubai, and does not appoint sheikhs (imams) for Shia mosques. Dubai’s Islamic Affairs and Charitable Activities Department (emirate-level “Awqaf”) controls the appointment of Sunni clergy and their conduct in Dubai mosques.

Shia adherents worship and maintain their own mosques without government restriction. The government considers all Shia mosques private, and they are able to receive funds from the government upon request.

The law prohibits churches from erecting bell towers or displaying crosses on the outside of their premises; however, the government does not always enforce this law, and some churches display crosses on their buildings.

The government does not permit instruction in any religion other than Islam in public schools; however, religious groups may conduct religious instruction for their members at their dedicated religious facilities. Private schools found to be teaching subjects that offend Islam, defame any religion, or contravene the country’s ethics and beliefs face potential penalties including closure. Private parochial schools are free to teach their religion within the bounds of government guidelines and to practice religious rituals. All schools, regardless of religion, must register with the government. Islamic studies are mandatory in public schools and in private schools serving Muslim children.

Under Islamic law, Muslim men may marry non-Muslim women who are “people of the book,” meaning those who are either Christian or Jewish. However, Muslim women are not permitted to marry non-Muslim men. Because Islam does not consider marriage between a non-Muslim man and a Muslim woman valid, both parties to such a union are subject to arrest, trial, and imprisonment on grounds such as fornication, which carries a minimum of one year in jail. The law grants custody of children of non-Muslim women who fail to convert to Islam to the Muslim father in the event of a divorce. By law, a non-Muslim woman who fails to convert is also ineligible for naturalization as a citizen and cannot inherit her husband’s property unless named as a beneficiary in his will.

The law requires Muslims and non-Muslims to refrain from eating, drinking, and smoking in public during fasting hours in the month of Ramadan.

The law prohibits black magic, sorcery, and incantations, which are punishable by a prison term ranging from six months to three years and deportation.

The government permits many hotels, stores, and other businesses to sell alcohol and pork to non-Muslim residents and foreigners. The government also allows these businesses to acknowledge non-Muslim holidays such as Christmas, Easter, and Diwali openly.

The government permits Shia Muslims to celebrate Ashura according to their customs with few restrictions.

The government observes the following religious holidays as national holidays: the Islamic New Year, the Birth of the Prophet Muhammad, the Prophet’s Ascension (Lailat al-Mehraj), Eid al-Fitr, and Eid al-Adha.

Government Practices

There were some reports of abuses and restrictions of religious freedom, including reports of imprisonment and detention. However, the government generally followed a policy of religious tolerance, and adherents of most major religions in the country worshipped without government interference.

As the state religion, the government favored Islam over other religious groups, and conversion to Islam was viewed positively.

There were reports of arrests based upon religious beliefs or practices. In November a citizen in the emirate of Ras Al Khaimah accused his maid of endangering the lives of his two sons by practicing “sorcery” in his home. She was arrested and tried in criminal court; the court had not issued a verdict by year’s end.

The government funded or subsidized almost 95 percent of the approximately 5,000 Sunni mosques and employed all Sunni imams. The government considered 5 percent of Sunni mosques private, and several mosques had large private endowments.

Awqaf oversaw most issues related to Islamic affairs. It distributed weekly guidance to most Sunni imams regarding subject matter, themes, and content of religious sermons. It also ensured that junior clergy did not deviate frequently or significantly from approved sermons. In a modest change from 2011, Awqaf stated it would encourage “improvisation of speeches,” but under the constraint that the speech was not to exceed 30 minutes. To that end, Awqaf established a three-tier system in which junior imams followed the Awqaf Friday sermon script closely, mid-level imams prepared sermons according to the topic or subject matter selected by Awqaf authorities, and senior imams had the flexibility to choose their own subject and content for their Friday sermons. Most imams were non-citizens, and a significant number were Egyptian or Syrian. The advisor to the president on judicial and religious affairs and the chairman of Awqaf and its director general regularly represented the country at Islamic, ecumenical, and Christian conferences and events abroad. They also met regularly with religious leaders in the country.

Non-Muslim groups, as well as Shia and other Muslim minority groups, reportedly provided copies of sermons and meeting agendas to local religious authorities upon government request.

The government encouraged citizens to avoid tendencies and ideologies that it considered to be extremist. Religious authorities coordinated public awareness campaigns about the dangers of violent extremism, with advertisements and television commercials. An International Center of Excellence for Countering Violent Extremism (CVE), known as Hedayah (“Guidance” in Arabic), was launched in December 2012 in Abu Dhabi during the ministerial meetings of the Global Counterterrorism Forum.

Immigration authorities routinely asked foreigners applying for residence permits to declare their religious affiliation on residence applications. There were reports that some Shia residents declared themselves as Sunni or Christian in their residence applications because they feared how immigration authorities might perceive their faith. In addition, there were reports that Jewish residents, fearing discrimination, declared themselves members of another faith, such as Buddhism. Ministry of Interior officials asserted the government collected information on religious affiliation only for demographic statistical analysis. However, there were reports that religious affiliation affected the issuance or renewal of visas or residence permits. The employers of several Shia university students, professors, and professionals (some of Iranian heritage) reportedly told them the authorities had not granted or extended their residence permits. Consequently, they had to leave the country. There were reports that authorities cancelled the residency permits of some business owners who were Shia.

There was no formal method of granting official status to religious groups other than granting them the use of land for constructing a building, and no national standard for approving land grants. Non-Muslim groups and some Muslim minority groups could own houses of worship by requesting a land grant and permission from the local ruler to build a compound (the title for the land remained with the ruler). Those with land grants did not pay rent on the property. The emirate of Sharjah also waived utility payments for religious buildings. Rulers of the individual emirates exercised autonomy in choosing whether to grant access to land and permission to build houses of worship within their emirate. A few religious leaders stated the government was more likely to grant access to land to groups representing monotheistic religions. Some religious groups allegedly refrained from requesting land because of political sensitivities.

Although the government approved some permits for new buildings, existing churches could not accommodate all worshippers. This resulted in overcrowding at some churches, and, on occasion, forced congregations to meet in private clubs and meetinghouses, private residences, hotels, open courtyards, and other non-religious rental facilities. A small number of requests for new buildings were pending at year’s end, some for several years.

The ruling families donated land to Muslim minority groups, including the Ismaili Center in Dubai, which serves as a regional Ismaili house of worship for the countries of the Gulf Cooperation Council, and for the Dawoodi Bohra mosques in Dubai, Sharjah, and Ajman.

There were over 35 Christian churches in the country built on land donated by the ruling families of the emirates in which they are located. During the year, there was an increase in the number of land grants for the construction of non-Muslim religious facilities, including churches, which was expected to decrease overcrowding. Construction began on the first Armenian church in May. Abu Dhabi officials approved two new Catholic churches. In April the ruler of Ras Al Khaimah granted land for a compound housing 10 churches. In some cases, zoning policies required compounds located at some distance from the residential areas in which members of these groups lived, potentially limiting attendance.

There were no synagogues for the small foreign resident Jewish population; however, Jews observed holidays in private residences without interference.

There were two Hindu temples in Dubai. On January 18 the Gurunanak Darbar Sikh Temple opened for worship in the Jebel Ali area of Dubai. There were no Buddhist temples, but the Sri Lankan embassy held monthly religious services open to the public. Buddhists, Hindus, and Sikhs conducted religious ceremonies in private homes without interference.

The government permitted non-Muslim groups to raise money from their congregations and from abroad. Due to government restrictions, some Muslim and non-Muslim groups had difficulty spending the funds they had raised. Religious groups openly advertised religious functions in the press, including holiday celebrations, memorial services, religious conventions, choral concerts, and fundraising events.

Non-Muslim religious leaders reported that customs authorities rarely questioned the entry of religious materials such as Bibles and hymnals into the country unless the materials were printed in Arabic or related to paganism or sorcery. The government reported that Dubai Customs inspectors at Cargo Village confiscated Wiccan literature, talismans, and similar items 121 times during the first half of 2012, compared to a total of 92 confiscations in 2011.

The country’s two Internet service providers, Etisalat and Du, occasionally blocked Web sites containing religious information. These sites included information on the Bahai Faith, Judaism, atheism, negative critiques of Islam, and testimonies of former Muslims who converted to Christianity.

Christian primary and secondary schools, in which students were generally free to study Christianity and perform religious rituals, were located in four emirates. The emirates of Abu Dhabi and Dubai donated land for Christian cemeteries, and Abu Dhabi donated land for a Bahai cemetery.

There were three operating cremation facilities, one each in Abu Dhabi, Al Ain, and Dubai, and associated cemeteries for the large Hindu community. The Al Ain multi-faith facility opened in January 2012. An Indian cemetery was under construction in Sharjah. The crematoriums currently in use met present demand. The government required residents and non-residents to obtain official permission for the use of cremation facilities in every instance, but this did not appear to create hardship. The government allowed people from all religions except Islam to use the cremation facilities.

Section III. Status of Societal Respect for Religious Freedom

There were some reports of societal discrimination based on religious affiliation, belief, or practice. Societal pressures discouraged conversion from Islam to other religions. Some who did convert from Islam to another religion concealed their new faith, were persuaded or coerced to return to Islam, or left the country to avoid the social stigma of converting. As the government does not recognize or permit conversion from Islam to another religion, churches recognized converts from all religions except Islam. Many non-Muslim women faced strong societal pressure to convert to Islam, especially upon marriage to a Muslim.

Society viewed conversion to Islam positively. According to reports from the Dubai based Dar Al Ber Society, 1,907 people throughout the country converted to Islam during the year.

On rare occasions, there were religiously intolerant editorials and opinion pieces in both the English and Arabic language electronic and print media. Some news articles and editorials contained anti-Semitic remarks, without government response. There were no reports of anti-Semitic acts.

Shopping centers were festive during Christian holidays, and Christian holiday foods, decorations, posters, and books were widely available. Christmas trees and elaborate decorations were prominent features at major malls and hotels. The news media regularly printed reports of religious holiday celebrations, including church services and Hindu festivals.

Section IV. U.S. Government Policy

The ambassador met regularly with Presidential Advisor on Religious and Judicial Affairs Ali Al Hashimi during Al Hashimi’s Ramadan majlis and other occasions. Additionally, U.S. embassy and consulate general officers engaged with government officials and representatives of religious communities to discuss religious tolerance and freedom.

Embassy officers met specifically with Ali Al Hashimi and with Awqaf to encourage continuing efforts to counter violent extremism while maintaining openness to religious diversity. Consulate general officers met with the director general and other officials from the Dubai Department of Islamic Affairs and Charitable Activities (emirate-level Awqaf). During Ramadan, the U.S. embassy and consulate hosted iftars, and the ambassador hosted a large sohour event.


Sources: United States Department of State