A recent civil case from the Ras Al Khaimah Primary Court highlights the complex interplay between traditional beliefs and modern legal systems in the United Arab Emirates. This case, heard on January 4, 2024, involves a claim for compensation based on alleged acts of sorcery and witchcraft.

Case Background:

The plaintiff filed a civil suit against his ex-wife seeking damages for harm allegedly caused by her engagement in acts of sorcery against him.

Legal Framework:

The case falls under the purview of Federal Decree-Law No. 31 of 2021 on the Issuance of the Crimes and Penalties Law. Specifically, Article 367/1 of this law criminalizes acts related to sorcery and charlatanism, reflecting the UAE’s legal stance on such practices.

Evidence Presented:

1. Digital Evidence: The court considered digital communications from the defendant’s mobile phone, including messages and call records, which corroborated the plaintiff’s claims.
2. Video Recording: A recorded video call showing the defendant requesting “magic work” against the plaintiff was presented as evidence.
3. Prior Criminal Conviction: The case references a previous criminal judgment where the defendant was found guilty and fined 5,000 dirhams for related charges.

Legal Considerations:

1. Burden of Proof: The plaintiff successfully established a causal link between the defendant’s actions and the alleged harm, supported by both digital evidence and a prior criminal conviction.
2. Quantification of Damages: The court faced the challenge of quantifying both material and moral damages resulting from actions rooted in supernatural beliefs.
3. Precedent Setting: This case may set a precedent for how UAE courts handle claims involving non-tangible, belief-based actions and their real-world consequences.

Implications for UAE Legal Practice:

1. Scope of Civil Liability: The case expands the understanding of civil liability to include harm caused by actions based on supernatural beliefs.
2. Evidentiary Standards: It demonstrates the court’s willingness to consider digital evidence and prior criminal convictions in civil proceedings.
3. Intersection of Criminal and Civil Law: The case illustrates how criminal convictions can support subsequent civil claims for damages.

Conclusion:

This case underscores the UAE legal system’s adaptability in addressing claims that intersect traditional beliefs and modern law. It raises important questions about the scope of civil liability and the challenges courts face in quantifying damages for intangible harm. As the UAE continues to modernize its legal framework, cases like this will likely play a crucial role in shaping the jurisprudence around such unique legal issues.

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