Homosexuality is illegal in the United Arab Emirates UAE and under the federal criminal provisions, consensual same-sex sexual activity is punishable by imprisonment; extra-marital sexual activity between persons of different sexes is also illegal. In both cases, prosecution will only be brought if a husband or male guardian of one of the participants makes a criminal complaint.
The penalty is a minimum of six months imprisonment; no maximum penalty is prescribed, and the court has full discretion to impose any sentence in accordance with the country's constitution.
While there have been no known arrests or prosecutions for same-sex sexual activity in the UAE since at least as of [update] , with no upper limit to penalties codified, capital punishment is a theoretical outcome for married participants.
Any penalty imposed is suspended if the complainant withdraws the complaint or "forgives" the transgressor. Additionally, individuals have been prosecuted for offences related to sexual and gender identity under public decency laws, for acts such as kissing in public, or for cross-dressing. The UAE's Federal Penal Code does not replace the legal system of each emirate , [ 7 ] unless it is contrary to the federal law. Persons may be charged under the Federal Penal Code, or under a local emirate penal code.
Adherence of the country's legal and justice system to sharia [ a ] allows for capital punishment as a legal penalty for some crimes. Same-sex sexual activityβ as with other sex acts by married persons outside marriage β are in the category of crimes notionally liable to capital punishment in the United Arab Emirates , under zina provisions, at least prior to amendments contained in the new Federal Crime and Punishment Law.
