UAE Law: Fines and Punishments for Selling

Tobacco to Minors

Author: Dr. Hassan Elhais

In the UAE, selling tobacco to individuals who are below eighteen years old is prohibited. This prohibition
is governed by the Federal Law No. 3 of 2016 On Child’s Rights, also known as Wadeema’s Law.

Overview of Wadeema’s Law

The Wadeema’s Law protects the overall rights of the child, including his fundamental rights of life, security
and care, family rights, health rights, social rights, cultural and education rights. Pursuant to Article 3 of the
Wadeema’s Law, the rights of the children are protected without any discrimination as to the origin, sex,
home country, religion, social status or disability of any child.

The Wadeema’s Law essentially aims to protect the physical, mental and emotional psyche of a child against
all forms of discrimination and abuse and further imposes the onus on the community, especially physicians,
educators, health care workers and other members of the society, to mandatorily report instances of child
negligence.

Tobacco Prohibition

As part of “Health Rights” of children under the Wadeema’s Law, Article 21/1 of the law prohibits selling or
attempting to sell tobacco or tobacco products to children. The seller is entitled to ask the purchaser to
provide evidence of reaching the age of eighteen.

Not just tobacco, Article 21/2 also prohibits smoking by an adult in public and private transportation and
indoor places in the presence of a child.

Punishments for Selling Tobacco to Children

In accordance with Article 63 of the Wadeema’s Law, any person who sells or attempts to sell tobacco or
tobacco products to a child will be liable to penalties. The penalties include imprisonment for at least 3
months and fines of minimum AED 15,000 or either of these penalties.

Article 63 of the Wadeema’s Law is set out below.

“Whoever violates the provisions of Clauses 1 and 3 of Article (21) hereof shall be punished by
imprisonment for a period not less than three months and/or a fine not less than AED (15,000) fifteen
thousand.”

Additionally, any person who smokes in the presence of a child, whether in a public or a private
transportation means or in an indoor place, will be liable to fines. Violation of Article 21/2 would be
punishable with fines of AED 5,000. This has been prescribed under Article 62 of the Wadeema’s Law,
which states as follows.

“Whoever violates the provisions of Clause 2 of Article (21) hereof shall be punished by a fine not less than
AED (5,000) five thousand.”

Conclusion

Prohibition of sale of tobacco to minors in the UAE is a vital step in ensuring that the health of the children
is protected.

Disclaimer:
The above information might not apply if both parties are non-muslim. Starting from the 3rd of February
2023, UAE issued specific family law to be applied between non-muslim expat residents in case none of
them wanted to apply his/her home country's law in the UAE. To know more information about this law,
please feel free to click this link.

Related Links
Fundamentals of Juvenile Law in the UAE
Child Custody Law in the United Arab Emirates.
Let us Have a Look at New Amendments in UAE Family Law!

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