Adultery in the UAE: Legal Implications and Reforms

Adultery has long been a sensitive and serious offense under UAE law, rooted in both Sharia principles and the Federal Penal Code. While recent reforms have modernized aspects of personal freedom — such as the decriminalization of cohabitation between unmarried couples — adultery remains a crime with significant legal and social consequences.

Legal Definition and Complaint-Based Prosecution

Under Article 356 of the UAE Penal Code, adultery is defined as a voluntary sexual relationship outside marriage. Unlike in the past, adultery is no longer automatically prosecuted by authorities. Instead, legal action can only begin if a formal complaint is filed by:

• The aggrieved spouse
  
  

• The spouse’s guardian
  
  

• The guardian of the other party involved
  
  

If the complainant later withdraws, the case may be dismissed — emphasizing the private, complaint-driven nature of enforcement.

Penalties and Exceptions

Adultery convictions can lead to:

• Imprisonment (6 months to 2 years)
  
  

• Deportation for expatriates
  
  

• Stricter sentences if the affair results in a child, unless marriage or paternity acknowledgment remedies the situation
  
  

This reflects the UAE’s dual commitment to protecting marital sanctity while providing pathways to regularize status when children are involved.

The Burden of Proof

Proving adultery requires legally obtained evidence such as:

• Written records (letters, messages, emails)
  
  

• Photographs or videos
  
  

• Witness testimony
  
  

The courts hold wide discretion to evaluate whether evidence meets the threshold. Importantly, methods like illegal surveillance or privacy invasion can expose the accuser to separate criminal liability.

Reforms: Cohabitation vs. Adultery

In November 2020, sweeping reforms decriminalized consensual cohabitation between unmarried couples, a landmark change that aligned UAE law with its growing expatriate population. However, this reform explicitly excluded extramarital affairs, which remain offenses under the Penal Code.

This distinction reflects a balance: protecting personal freedoms in consensual relationships, while still safeguarding the institution of marriage.

Adultery and Family Law

Adultery also carries implications in civil family proceedings. It may influence:

• Divorce outcomes
  
  

• Child custody arrangements
  
  

• Financial support (nafaqa) entitlements
  
  

For example, a wife may still claim maintenance if she can prove financial dependence, even if divorce is granted due to her husband’s adultery. Courts often weigh both moral and financial considerations in such cases.

Navigating Legal Risks

Given the seriousness of the charge, individuals facing adultery allegations — or considering filing a complaint — should seek specialized legal advice. Lawyers can guide on evidence collection, filing procedures, and representation in both criminal and family law contexts.

Conclusion

Adultery in the UAE remains a criminal offense, though its prosecution now depends on a complaint-based system. While reforms have eased restrictions on consensual cohabitation, extramarital affairs continue to carry heavy legal and social consequences. For those involved, the stakes are high — making informed legal counsel essential.