The UAE has introduced significant amendments to its criminal legislation, changing how the law treats attempted suicide, imposing more clearly defined penalties on those who encourage or assist another person to take their own life, and increasing imprisonment terms in certain murder cases where the victim’s family waives its right to qisas (retribution).

Announced on 8 October 2026, Federal Decree-Law No. 2 of 2026 amends specific provisions of Federal Decree-Law No. 31 of 2021 Promulgating the Crimes and Penalties Law. The changes address two distinct areas of criminal law: the treatment of suicide-related conduct and the consequences of waiving qisas in serious murder cases. The government has described the amendments as part of its efforts to modernise criminal policy while balancing public protection, deterrence and humanitarian considerations.

The significance of the reforms lies not simply in changing sentences. The amendments remove criminal punishment for attempted suicide itself, while strengthening the consequences for people whose incitement or assistance contributes to another person’s suicide. Separately, they increase the minimum and maximum imprisonment terms applicable when the victim’s heirs waive their right to qisas, reinforcing that a family’s decision does not eliminate the State’s interest in prosecuting a serious crime.

For individuals, families and legal practitioners, understanding these distinctions is essential to determining how the amended provisions affect criminal liability, sentencing and the rights of those involved in proceedings.

1. Attempted Suicide Is No Longer a Criminal Offence

One of the most significant changes is the removal of criminal liability for attempted suicide.

Under the previous version of Article 386 of Federal Decree-Law No. 31 of 2021, a person who attempted suicide could face imprisonment for up to six months, a fine of up to AED 5,000, or both. The court could also order placement in a therapeutic facility instead of imposing the prescribed punishment. The earlier framework therefore permitted treatment as an alternative to punishment, but the attempt itself remained a criminal offence.

The 2026 amendment changes that position by removing criminal punishment for the attempt itself. Instead of treating a person who attempts suicide as an offender, the reform adopts a more preventive and therapeutic approach, intended to encourage individuals experiencing psychological crises to seek help without fearing prosecution.

This represents a substantive change from the earlier provision. The difference is not merely that a court has greater flexibility to order treatment. Attempted suicide is no longer punishable under the amended provision in the first place.

The policy rationale is equally important. Fear of legal consequences may discourage a person in crisis, or their family, from seeking timely assistance. Removing the criminal penalty is intended to reduce that barrier, support earlier intervention and improve the monitoring of cases so that preventive and therapeutic programmes can be developed more effectively.

The reform should nevertheless be understood within its proper scope. It removes the criminal punishment applicable to the person for attempting suicide; it does not remove liability for a separate offence committed during the incident or for the conduct of another person who deliberately incites or assists the attempt.

2. Inciting or Assisting Suicide: A Graduated Penalty Framework

While the law removes punishment for the person attempting suicide, it strengthens the framework governing those who encourage or assist another person to do so.

The amended Article 386 introduces penalties that depend on the outcome of the conduct. This allows the law to distinguish between an attempt that does not cause death, an attempt resulting in serious harm, and a case in which the person dies.

The principal penalties are as follows:

● Attempt without death: Where incitement or assistance leads to an attempted suicide but the person does not die, the offender faces detention and a fine, or either penalty.

● Serious injury or lasting consequences: Where the attempt causes permanent disability, illness or an inability to carry out personal tasks for more than 20 days, the penalty is temporary imprisonment for between three and five years, together with a fine.

● Death: Where the incitement or assistance results in the person’s death by suicide, the penalty is temporary imprisonment for between five and seven years.

These provisions create a clearer relationship between the consequences of the conduct and the punishment imposed. The law does not treat every case identically: more serious outcomes attract higher penalties.

The distinction also matters when assessing the responsibility of a person who may have encouraged, facilitated or assisted the conduct. The fact that the individual who attempted suicide is no longer criminally liable for the attempt does not provide immunity to another person whose actions contributed to it.

The precise application of the provision will depend on the facts established in the proceedings, including the nature of the assistance or incitement and the outcome attributable to it.

Additional protection for minors and vulnerable persons

The amended provision also addresses cases involving particularly vulnerable individuals.

Where the person affected is under 18 years of age, or has diminished will or perception, the circumstances constitute an aggravating factor. Where the person lacked will or perception altogether, the offender is subject to the punishment prescribed for intentional murder or attempted intentional murder, as applicable.

This distinction is significant. The law differentiates between diminished capacity, which aggravates the offence, and an absence of the relevant will or perception, which can trigger the more serious murder or attempted-murder penalties. The treatment of the case will therefore depend on the extent of the person’s capacity and the applicable statutory conditions.

The amendment also provides for the deportation of foreign nationals convicted under the provisions concerning incitement or assistance to suicide. Accordingly, the consequences for a foreign offender may extend beyond imprisonment to their ability to remain in the UAE.

Can an offender be exempted from punishment by preventing a death?

The law also creates a limited incentive for intervention before a suicide is completed. A court may exempt an offender from punishment where that person voluntarily takes action to prevent the death and the intervention successfully prevents it.

This exemption is not unconditional. It does not apply where the attempt has resulted in permanent disability, illness or an inability to carry out personal tasks for more than 20 days.

The provision encourages a person involved in the conduct to withdraw and take effective steps to prevent the death. At the same time, it preserves the possibility of punishment where the incident has already produced the specified serious consequences.

It should not be read as a general defence available whenever an offender claims to have changed their mind. The statutory conditions, including voluntary intervention and successful prevention of death, remain central to whether the court may grant the exemption.

3. Murder Cases: Imprisonment Increases When Heirs Waive Qisas

The second major area of reform concerns Article 384(3) of the Crimes and Penalties Law, which addresses the punishment applicable when the victim’s relatives waive their right to qisas.

Under the previous provision, where the victim’s heirs waived their right to qisas at any stage of the proceedings or before the sentence was carried out, the offender faced temporary imprisonment for a term of at least seven years. The applicable sentencing range was reported as seven to 15 years. The 2026 amendment increases that range to 15 to 20 years.

To understand the change, it is necessary to distinguish qisas from the State’s broader interest in criminal punishment.

Qisas refers to retribution under the applicable principles of Islamic Sharia in offences for which that punishment is prescribed. In the relevant murder cases, the victim’s heirs may waive their right to seek qisas. However, that waiver does not necessarily remove the public-law consequences of the offence.

The amended provision strengthens the imprisonment consequence where the heirs exercise that right to waive qisas. The court must determine the appropriate term within the statutory range of 15 to 20 years, taking the applicable law and circumstances of the offence into account.

The increase is substantial: the minimum imprisonment term rises from seven to 15 years, while the upper end of the reported range increases from 15 to 20 years. The amendment therefore reinforces the seriousness with which the law treats the intentional taking of life, even where the victim’s family elects not to pursue retribution.

Does a family’s forgiveness bring the criminal case to an end?

Not necessarily. The reform highlights the distinction between the heirs’ right to waive qisas and the wider public interest in punishment for a serious crime.

A waiver affects the right to retribution in the circumstances covered by the law. It does not, by itself, mean that the offence has ceased to carry criminal consequences. The revised imprisonment range reflects the continuing role of the State in maintaining public order and protecting society.

This does not mean that the amendment removes the family’s right to waive qisas. Rather, it increases the imprisonment term applicable in the circumstances specified by Article 384(3), while preserving the distinction between the heirs’ decision and the consequences imposed under criminal law.

The provision should also not be interpreted as establishing a uniform 15-to-20-year term for every death-related offence. It concerns the particular situation governed by Article 384(3). Other forms of homicide remain subject to their own statutory provisions and requirements.

4. How the Amendments Fit Within the Wider Criminal Law Framework

Although the reports address the changes separately, the amendments form part of one legislative instrument. The changes to Articles 384(3) and 386 should therefore be read as related developments within the UAE’s existing Crimes and Penalties Law, rather than as three separate laws.

The reform involving attempted suicide builds on an earlier approach that allowed a court to direct a person towards therapeutic care instead of imposing the ordinary penalty. The 2026 amendment goes further by removing criminal punishment for the attempt itself. In contrast, the changes concerning incitement and assistance establish more differentiated penalties to reflect the harm caused and the vulnerability of the person affected.

The changes concerning qisas address a different issue: the sentencing consequences in serious murder cases after a waiver by the victim’s heirs. Together, these reforms demonstrate that criminal-law modernisation does not necessarily mean uniformly reducing penalties. It can involve removing punishment where a therapeutic response is considered more appropriate while strengthening deterrence for conduct that endangers or takes another person’s life.

The government’s announcement identifies these as the principal areas addressed by Federal Decree-Law No. 2 of 2026. The article should not be read as suggesting that the entire Crimes and Penalties Law has been replaced or that the amendment changes every category of homicide or suicide-related conduct.

What Individuals and Practitioners Should Consider

The practical implications differ depending on the conduct involved.

For individuals experiencing a psychological crisis, the removal of criminal punishment for attempted suicide reduces the risk of being prosecuted for the attempt itself. Families and support networks can therefore focus on obtaining appropriate assistance rather than treating the person’s conduct as a criminal offence.

For anyone who encourages or assists another person to attempt suicide, however, the legal position is materially different. The amended Article 386 provides criminal penalties that increase according to the consequences, with enhanced treatment where minors or people with diminished will or perception are involved. The possibility of deportation for foreign offenders adds a further consequence.

In murder cases, the waiver of qisas must be distinguished from the continuing criminal consequences under Article 384(3). Families considering a waiver and practitioners advising them should understand that the amendment increases the imprisonment range in the specified circumstances; waiver does not automatically eliminate the offender’s exposure to imprisonment.

Finally, where a case was initiated or a sentence imposed under the previous wording, the timing of the alleged conduct, the procedural stage and the rules governing the application of a more favourable criminal law may become relevant. These questions must be assessed against the law’s commencement and transitional provisions rather than resolved solely by reference to the date on which the amendments were announced.

Looking Ahead

Federal Decree-Law No. 2 of 2026 introduces two important developments within the UAE’s criminal justice system.

First, attempted suicide is no longer punishable under the amended Article 386, reflecting a move towards prevention, treatment and support. At the same time, those who incite or assist another person to commit suicide remain subject to criminal liability, with graduated penalties that account for the outcome and additional protection for vulnerable individuals.

Second, the amendment to Article 384(3) raises the imprisonment range to 15–20 years where the victim’s heirs waive their right to qisas in the circumstances specified by the law. The change reinforces the principle that the waiver of a right belonging to the heirs does not automatically extinguish the wider public interest in criminal accountability.

For individuals and legal practitioners, the central task is to distinguish between the provisions affected by the amendment and the rules that remain in force. Understanding the precise offence, its consequences, the capacity of those involved and the procedural stage of a case will remain essential to applying the revised framework correctly.

References

Federal Decree-Law No. 2 of 2026 Amending Certain Provisions of Federal Decree-Law No. 31 of 2021 Promulgating the Crimes and Penalties Law, Government of the UAE Official Gazette, Issue No. 831.

Federal Decree-Law No. 31 of 2021 Promulgating the Crimes and Penalties Law, arts 14, 384 and 386 https://uaelegislation.gov.ae/en/legislations/1529 accessed 14 October 2026.

Federal Decree-Law No. 15 of 2020 Amending Certain Provisions of Federal Law No. 3 of 1987 Promulgating the Penal Code https://www.moj.gov.ae/assets/2022/Federal%20Decree%20Law%20No.%20%2815%29%20of%202020%20Concerning%20the%20Penal%20Code.pdf.aspx accessed 14 October 2026.

Emirates News Agency (WAM), ‘UAE Government Issues Federal Decree Law Amending Certain Provisions of Crimes & Penalties Law’ (8 October 2026) https://www.wam.ae/en/article/c2n1i32-uae-government-issues-federal-decree-law-amending accessed 14 October 2026.i

‘UAE Raises Minimum Jail Term to 15 Years in Murder Cases Where Qisas Is Waived’ Khaleej Times (9 October 2026) https://www.khaleejtimes.com/uae/legal/murder-cases-jail-term-raised-qisas-waived accessed 14 October 2026.

Bahni Bandyopadhyay, ‘UAE Decriminalises Attempted Suicide Under New Law’ Khaleej Times (8 October 2026) https://www.khaleejtimes.com/uae/government/uae-decriminalises-attempted-suicide-in-new-crimes-and-penalties-law-amendment accessed 14 October 2026.

Sahim Salim, ‘UAE: Up to 7 Years in Jail for Inciting, Assisting Suicide Under New Law’ Khaleej Times (8 October 2026) https://www.khaleejtimes.com/uae/uae-up-to-7-years-in-jail-for-inciting-assisting-suicide-under-new-law accessed 14 October 2026.

Ashfaq Ahmed, ‘UAE Decriminalises Attempted Suicide Under New Law’ Gulf News (8 October 2026) https://gulfnews.com/uae/uae-decriminalises-attempted-suicide-under-new-law-1.500703379 accessed 14 October 2026.

Shireena Al Nowais and Ajanta Paul, ‘UAE Amends Crimes and Penalties Law Relating to Suicide’ The National (8 October 2026) https://www.thenationalnews.com/news/uae/2026/10/08/uae-amends-crimes-and-penalties-law-relating-to-suicide/ accessed 14 October 2026.

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