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.

Definitions

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.

Scope of Application

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.

Building Mosques

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.

Functions of the IACAD

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.

Registration of Mosques

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.

Handing Over of Mosques

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.

Prohibited Acts

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.

Restricted Acts

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.

Mosque Personnel

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.

Religious Activities

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.

Licensing Religious Activities

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.

Penalties

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.

Law Enforcement

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.

Grievance

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.

Issuing Implementing Resolutions

Article (15)

The Director General will issue the resolutions required for the implementation of the provisions of this Resolution.

Repeals

Article (16)

Any provision in any other resolution will be repealed to the extent that it contradicts the provisions of this Resolution.

Publication and Commencement

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.