Dr. Ghassan Arnous
Legal Advisor at Zayed Al Shamsi Advocates and Legal Consultants.

The UAE legislator has taken great care in establishing safeguards that enable the creditor to recover their right from the debtor through enforcement measures, such as preventing travel, imprisoning the debtor, and executing attachments, among others. These measures are intended to compel the debtor to fulfill their debt and prevent evasion or delay.

However, the legislator also sought to strike a balance between the rights of the creditor and consideration for the debtor’s circumstances, as well as humanitarian factors. The primary goal of the laws is to achieve the well-being and happiness of individuals. The spirit of these laws is not to be a sword held over the debtor but to ensure fairness and compassion, as mercy often surpasses justice. Mercy protects society as a whole and ensures social balance, rather than being limited to an individual.

In this context, the UAE legislator, in Article 321 of the Federal Civil Procedure Law issued by Federal Decree-Law No. (42) of 2022, has specified certain cases in which the debtor cannot be imprisoned. The article states:

“An order for the debtor’s imprisonment shall not be issued in any of the following cases:”

1. If the debtor is under the age of 18 or over the age of 70.
2. If the debtor has a child who is under 15 years old, and the debtor’s spouse is deceased or imprisoned for any reason.
3. If the debtor is the creditor’s spouse or one of the creditor’s ascendants or descendants, unless the debt is related to an established alimony obligation.
4. If the debtor provides a bank guarantee or a solvent guarantor acceptable to the enforcement judge to pay the debt within the prescribed time, or if the debtor declares that they have assets in the country that can be seized and are sufficient to cover the debt.
5. If a certified medical certificate confirms that the debtor is suffering from a chronic illness that is incurable and renders them incapable of enduring imprisonment.
6. If the debt being enforced is less than 10,000 dirhams, unless it is a financial fine, an established alimony obligation, wages for work, or a commitment related to a work or non-performance obligation.

The legislator has also allowed the enforcement judge the discretion to postpone imprisonment in the following two cases:

1. For a pregnant woman, for a period of two years from the date of delivery, or three months from the date of the death of the fetus.
2. If a certified medical certificate confirms that the debtor is suffering from a temporary illness that renders them incapable of enduring imprisonment, the imprisonment may be postponed until recovery.

This careful consideration by the UAE legislator reflects a deep understanding of the need to balance the creditor’s rights with the debtor’s circumstances, ensuring that enforcement measures do not lead to undue hardship or injustice for vulnerable individuals.