Executive Council Resolution No. (31) of 2021
Regulating Prayer
Rooms 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:
Federal Law No. (4) of 2018 Concerning the
Regulation and Upkeep of Mosques;
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;
Law No. (5) of 2021 Concerning the Dubai
International Financial Centre;
Decree No. (22) of 2009 Concerning Special
Development Zones in the Emirate of Dubai;
Decree No. (9) of 2015 Regulating the Raising of
Donations in the Emirate of Dubai;
Executive Council Resolution No. (25) of 2013
Concerning Mosques and Religious Activities in the Emirate of Dubai;
Local Order No. (2) of 1999 Concerning
Classification and Regulation of Land Use in the Emirate of Dubai and its
amendments; and
the legislation establishing and regulating free
zones in the Emirate of Dubai,
Do hereby
issue this Resolution.
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. |
|
Director General: |
The
director general of the IACAD. |
|
Prayer Room: |
A
Public Prayer Room or a Private Prayer Room. |
|
Public Prayer Room: |
A
place that belongs to a Government or non-Government entity, is designated
for performing prayers, and is open to the public. |
|
Private Prayer Room: |
A
place that belongs to a Government or non-Government entity, is designated
for performing prayers, and is not open to the public. |
|
Person: |
A
natural or legal person. |
|
Curator: |
A
Person who is responsible for the management, operation, and upkeep of a
Prayer Room. |
This Resolution applies to all Prayer Rooms
existing, or to be established, in the Emirate, including those existing, or to
be established, in Special Development Zones and free zones, such as the Dubai
International Financial Centre.
This Resolution aims to:
1.
regulate Prayer Rooms in the Emirate with a view
to ensuring that they serve
the purposes for which they are established;
2.
ensure proper performance of religious rituals at
Prayer Rooms; and
3.
ensure compliance with the legislation regulating
the Religious Activities licensed by the IACAD and conducted in Prayer Rooms.
In addition to its functions under the
above-mentioned Federal Law No. (4) of 2018 and Executive Council Resolution
No. (25) of 2013, the IACAD will be responsible for supervising and monitoring
Prayer Rooms in the Emirate. For this purpose, the IACAD will have the duties
and powers to:
1.
license Public Prayer Rooms in accordance with the
rules, conditions, and procedures approved pursuant to the relevant resolution
issued by the Director General;
2.
approve the location, area, and classification of
Prayer Rooms, and determine their occupancy capacity, in coordination with the
Competent Entities in the Emirate;
3.
issue permits to the staff of Prayer Rooms in accordance
with the requirements approved pursuant to the relevant resolution issued by
the Director General;
4.
supervise the cleaning, the maintenance, and the
provision of equipment and other needs, of Public Prayer Rooms;
5.
determine the times for adhan (call for
prayer) and iqama (call to commence prayer) at Public Prayer Rooms; and
the method of installing, and rules and conditions for using, internal and
external loudspeakers;
6.
control and supervise Public Prayer Rooms and
their staff, and evaluate their performance;
7.
issue regulations and instructions on organising
lessons, lectures, and Religious Activities at Prayer Rooms;
8.
prepare the unified topics for sermons to be delivered
at Public Prayer Rooms on Fridays, Eid al-Fitr, Eid al-Adha, and other religious
occasions; and approve the names of persons nominated for delivering them; and
9.
exercise any other duties or powers required for
the achievement of the objectives of this Resolution.
a. No
Person may build, or designate a place as, a Public Prayer Room; or perform any
alterations or additions to, or maintenance of, a Public Prayer Room without
first obtaining the relevant authorisation from the IACAD. The authorisation
will be issued in coordination with the competent entities in the Emirate and
in accordance with the requirements and rules adopted pursuant to the relevant
resolution issued by the Director General.
b. Private
Prayer Rooms may be established in the Emirate subject to obtaining the
relevant prior approval of the IACAD.
a. The
following activities are prohibited within Prayer Rooms unless the relevant
prior authorisation of the IACAD is obtained:
1.
raising, or allowing the raising of, Donations; or announcing the same;
2.
holding Friday, Eid al-Fitr, Eid al-Adha, lunar
eclipse, or solar eclipse prayers;
3.
conducting any Religious Activity, or any
charitable or cultural activity; or holding Quran memorisation classes;
4.
establishing traditional, audio, or video
libraries;
5.
distributing books, pamphlets, compact discs,
audio and visual recordings, and the like; or using stick-on notices and
posters;
6.
commemorating religious or social occasions, or
organising gatherings;
7.
holding iftar (break-of-fasting meal) or other
banquets; and
8.
any other activity determined by the IACAD
pursuant to the relevant resolutions issued by the Director General.
b. The
rules and procedures for issuing an authorisation to conduct any of the
activities referred to in paragraph (a) of this Article will be determined in
accordance with the legislation in force in the Emirate and the relevant
resolutions issued by the Director General.
The following acts are prohibited within Prayer
Rooms:
1.
begging;
2. interfering
with the adhan (call for prayer), iqama (call to commence
prayer), or prayer; or with the authorised activities and events;
3.
causing damage to the Prayer Room, or any of its
assets, artefacts, or appurtenances;
4.
using the Prayer Room for purposes other than
those prescribed by Sharia;
5.
using loudspeakers in violation of the rules
prescribed by the IACAD in this respect;
6. conducting
any activity which may undermine the security or sanctity of the Prayer Room;
and
7.
any other acts determined pursuant to the relevant
resolutions issued by the Director General.
A Curator must:
1.
provide all the needs of the Prayer Room and pay the
costs of administration, supervision,
maintenance, cleaning, and security of the same, in accordance with the relevant
conditions and specifications prescribed by
the IACAD;
2.
place a sign, at the front side of the Prayer Room, indicating that it is a Public
Prayer Room or a Private Prayer Room based on the relevant classification
adopted by the IACAD;
3.
not close, remove, replace, or change the use of,
the Prayer Room without the prior written
approval of the IACAD;
4.
appoint a coordinator
to liaise with the
IACAD, and provide the IACAD with his details and contact information;
5. not
appoint or engage
any Person to work at the Public Prayer Room, on a paid
or unpaid full-time or part-time basis,
without first obtaining the relevant approval of the IACAD. To be appointed or engaged
to work at a Public Prayer Room, a candidate must:
a. be
of good character and repute;
b. not
belong to any illegal group or to any group which engages in any prohibited
political or organised activity;
c. successfully
pass the personal interview and the tests prescribed by the IACAD; and
d. be
medically fit.
6.
pay
all the entitlements, salaries, and financial benefits of the staff of
the Public Prayer Room;
7.
notify the IACAD upon appointing,
or terminating the service of, any of the
staff of the Public Prayer Room;
8.
provide health insurance to the staff of the Public Prayer Room and their
eligible family members in accordance with the health insurance legislation in
force in the Emirate;
9.
pay the fees for issuing work visas for the staff of the Public Prayer Room;
10. conclude
employment contracts with the staff of the
Public Prayer Room in accordance with the legislation in force, and provide the IACAD with copies of these contracts;
11. terminate
the employment contract of any of the staff of
the Public Prayer Room where so requested by
the IACAD;
12. ensure
that prayers are uninterruptedly performed at their prescribed times at the Public Prayer Room;
13. not
use Prayer Rooms for a purpose other than that
for which they are designated; and
14. meet
any other obligations determined pursuant to the relevant resolutions issued by the Director General.
Without prejudice to any stricter penalty
stipulated in any other resolution, a Person who violates the provisions of
this Resolution or the resolutions issued in pursuance hereof will be punished
by either of the following measures:
1. written
warning; or
2. closure
of the Prayer Room.
The IACAD employees nominated pursuant to a
resolution of the Director General will have the capacity of law enforcement
officers to record the acts committed in breach of the provisions of this Resolution
and the resolutions issued in pursuance hereof. For this purpose, they may
access Prayer Rooms; inspect their various facilities; issue the necessary
violation reports; and, where necessary, seek the assistance of police
personnel.
Any affected party may submit to the Director
General a written grievance against any decision, procedure, or measure taken
against him in accordance with this Resolution, within thirty (30) days from
the date of taking the contested decision, procedure, or measure. The grievance
will be determined, within thirty (30) days of its submission, by a committee
formed by the Director General for this purpose; and the decision issued by the
committee on the grievance will be final.
All Curators of the Prayer Rooms existing in the
Emirate by the effective date of this Resolution must comply with its
provisions within six (6) months from that effective date. The Director General
may, where required, extend this period once for the same period.
The provisions of this Resolution apply without
prejudice to the powers vested in the competent entities in the Emirate,
including the authorities supervising Special Development Zones and free zones,
such as the Dubai International Financial Centre, in relation to supervising,
monitoring, and licensing construction works in accordance with the applicable
legislation relevant to these entities.
The Director General will issue the resolutions
required for the implementation of this Resolution. These resolutions will be
published in the Official Gazette of the Government of Dubai.
Any provision in any other resolution will be
repealed to the extent that it contradicts this Resolution.
This Resolution will be published in the Official
Gazette and will come into force on the day 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 14
September 2021
Corresponding
to 7 Safar 1443 A.H.
©2021
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.