Executive Council Resolution No. (25) of 2013
Concerning
Mosques and Religious Activities in the Emirate of Dubai[1]
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We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman of the
Executive Council,
After perusal of:
Law No. (3) of 2003 Establishing the Executive
Council of the Emirate of Dubai;
Law No. (2) of 2011 Concerning the Islamic Affairs
and Charitable Activities Department; and
Local Order No. (3) of 1999 Regulating Construction
Works in the Emirate of Dubai and its amendments,
Do hereby issue this Resolution.
Article (1)
The following words and
expressions, wherever mentioned in this Resolution, will have the meaning
indicated opposite each of them unless the context implies otherwise:
|
Emirate: |
The Emirate
of Dubai. |
|
IACAD: |
The Islamic
Affairs and Charitable Activities Department. |
|
Law: |
Law No.
(2) of 2011 Concerning the Islamic Affairs and Charitable Activities
Department. |
|
Director
General: |
The
director general of the IACAD. |
|
Mosque: |
A place
designated for prayers, including mosques built by individuals on endowed and
non-endowed land. Mosque courts and appurtenances to mosques will be treated as
mosques. |
|
Religious
Activities: |
Giving
lessons, sermons, and lectures; holding seminars and religious competitions;
organising and holding religious conferences and exhibitions; distributing
copies of the noble Quran, books, bulletins, compact discs, and audio and video
recordings; and presenting religious programmes published in print media and
broadcast on audio and visual media. |
Article (2)
This Resolution will apply to Mosques,
whether built or to be built, in the Emirate, and to Religious Activities
conducted in the Emirate.
Article (3)
Without prejudice to the powers vested
in the entites responsible for supervising Construction Works in the Emirate, a
person wishing to build a Mosque in the Emirate, alter its design or plans, or
undertake any maintenance thereof must obtain the relevant prior written
approval from the IACAD, and satisfy the rules and requirements set by the IACAD
in this respect.
Article (4)
For
the purposes of this Resolution, the IACAD will have the duties and powers to:
1.
encourage
members of society to build Mosques;
2.
grant,
in coordination with competent entities, the approvals and permits required for
building Mosques;
3.
set
conditions and requirements for building Mosques, and supervise the compliance therewith
in coordination with the entities responsible for supervising Construction Works
in the Emirate;
4.
supervise
and monitor Mosques, including their management and personnel; and
5.
supervise,
monitor, and license Religious Activities.
Article (5)
Mosques
will be registered as an endowment (waqf) under the name and management
of the IACAD, and may not be disposed of in any manner without the relevant prior
written approval of the IACAD.
Article (6)
A person who builds a Mosque for charitable
purposes must hand it over to the IACAD after completion of the Construction Works.
The IACAD may authorise any person or entity to supervise and manage the Mosque,
and may revoke this authorisation at any time by a resolution issued in this
respect by the Director General.
Article (7)
The
following acts are prohibited within Mosques:
1.
interferring,
in any way, by persons other than those licensed by the IACAD, with the affairs
of the Mosque, particularly, with the call to prayer (adhan), call to
commence prayer (Iqamah), prayer, sermons, or lessons;
2.
using
microphones in violation of the rules prescribed by the IACAD in this respect;
3.
compromising
the safety, serenity, or sanctity of the Mosque;
4.
causing
damage to the Mosque, or any of its assets, artifacts, or appurtenances;
5.
using
the Mosque for purposes other than those prescribed by Sharia; or
6.
begging.
Article (8)
Without prejudice to Article (10) of
the Law, the following acts are prohibited within Mosques without the prior
written approval of the IACAD:
1.
holding
religious activities and cultural contests;
2.
holding
educational sessions;
3.
commemorating
religious events, organising gatherings, and similar acts;
4.
establishing
libraries;
5.
placing
advertisements, posters, and similar material;
6.
sleeping
or eating; or
7. performing any other acts determined
by the Director General.
Article (9)
Persons in charge of supervising and
managing a Mosque must notify the IACAD upon appointing any person, regardless
of his position, or any entity to work in the Mosque on full-time or part-time
basis. The IACAD may approve or reject this appointment in accordance with the
requirements adopted by the IACAD in this respect.
Article (10)
An individual or entity must not organise or conduct any Religious
Activity in the Emirate without obtaining the relevant prior written approval
of the IACAD and satisfying all rules and conditions adopted by the IACAD in
this respect.
Article (11)
a.
An application
for a licence to conduct a Religious Activity will be submitted to the IACAD.
The IACAD will determine the application within thirty (30) days from the date
of submission. An application will be deemed to have been rejected if a
decision is not issued within the specified period.
b.
The IACAD will specify
the documents that must be submitted with the application referred to in
paragraph (a) of this Article.
Article (12)
a.
Without prejudice
to any stricter penalty stipulated in any other resolution, any person who
violates the provisions of this Resolution and the resolutions issued in
pursuance hereof will be punished by either of the following penalties:
1.
written warning;
or
2.
a fine of not
less than one thousand Dirhams (AED 1,000.00) and not more than twenty thousand
Dirhams (AED 20,000.00).
b.
Without prejudice
to any applicable civil or criminal liability and in addition to the penalty
prescribed by paragraph (a) of this Article, if an entity conducts any of the activities
provided for in this Resolution without obtaining a licence from the IACAD, the
Director General may issue a decision to close down the violating premises.
Article (13)
Employees
of the IACAD nominated by a resolution of the Director General, issued in
coordination with the Director General of the Government of Dubai Legal Affairs
Department, will have the capacity of law enforcement officers to record the
acts committed in breach of the provisions of the Law, this Resolution, and the
resolutions issued in implementation hereof. For this purpose, they may issue
violation reports, and seek assistance from competent entities, including
police personnel.
Article (14)
Any affected party may submit a written
grievance to the Director General against the decisions made against him or the
penalties imposed on him under this Resolution within thirty (30) days from the
date of issuing the decision or imposing the penalty. The grievance will be
determined by a committee formed by the Director General for this purpose within
thirty (30) days of submitting the grievance. The decision issued in respect of
the grievance will be final.
Article (15)
The
Director General will issue the resolutions required for the implementation of
the provisions of this Resolution.
Article (16)
Any
provision in any other resolution will be repealed to the extent that it
contradicts the provisions of this Resolution.
Article (17)
This Resolution will be published in the Official Gazette and will
come into force on the date on which it is published.
Hamdan bin Mohammed bin Rashid Al Maktoum
Crown Prince of Dubai
Chairman of the Executive Council
Issued
in Dubai on 24 July 2013
Corresponding
to 15 Ramadan 1434 A.H.
© 2015 The Supreme
Legislation Committee in the Emirate of Dubai
[1]Every
effort has been made to produce an accurate and complete English version of
this legislation. However, for the purpose of its interpretation and
application, reference must be made to the original Arabic text. In case of
conflict the Arabic text will prevail.