Criminal Protection of Credit Cards under UAE Legislation
An Analytical Study
DOI:
https://doi.org/10.35246/0dtg9g92Keywords:
Criminal Liability, Credit Card, Forgery, Seizure of Others' FundsAbstract
This study addresses the illicit use of credit cards under UAE criminal legislation. It primarily focuses on clarifying the concept of credit cards in terms of their nature, identifying the involved parties, highlighting their advantages, and examining their various types. Additionally, the study explores the legal nature of credit cards and distinguishes them from other similar banking cards.
The study delves into a range of illicit practices that jeopardize the secure use of credit cards. It comprehensively explores various criminal offenses, including the unauthorized acquisition of credit card information, credit card forgery, the manufacture of technological devices designed to facilitate such forgery, the fraudulent use of a valid credit card issued in another person's name to seize their funds, and the acceptance of forged credit cards. Furthermore, the study critically examines the legislative measures and criminal provisions enacted under UAE law to combat and address these offenses.
Downloads
References
First: Books:
I. Ehab Fawzi Al-Saqqa, Criminal and Security Protection of Credit Cards, New University Publishing House, Alexandria, Egypt, 2007.
II. Jaber Mahjoub Ali, Mohamed Sami Abdelsadek, Tarek Gomaa El-Sayed Rashed, General Theory of Obligations, Part One: Sources of Obligation in Egyptian Law, Lamar Publishing, Distribution and Translation House, 1st ed., 2022.
III. Jalal Ayed Al-Shura, Electronic Payment Methods, Dar Al-Thaqafa for Publishing and Distribution, Amman, Jordan, 1st ed., 2009.
IV. Hassan Sadiq Al-Marsafawi, Al-Marsafawi in Special Criminal Law, Mansha’at Al-Maaref, Egypt, 1991.
V. Rashed Al-Brawi, Dictionary of Economic Terms, Dar Al-Nahda, Egypt, 2006.
VI. Radwan Ghanimi, Credit Card between the Banking Legal Status and Jurisprudential Foundation, Dar Al-Fikr Al-Jami’i, Alexandria, Egypt, 1st ed., 2012.
VII. Riyadh Fathallah Basla, Credit Card Crimes, Dar Al-Shorouk, Cairo, Egypt, 1st ed., 1995.
VIII. Abdelfattah Mahmoud Idris, Credit Cards from an Islamic Perspective, Egyptian Book House, Egypt, 1st ed., 2001.
IX. Abdelfattah Bayoumi Hijazi, E-Government, Book Two: Criminal Guide and Forgery in Computer and Internet Crimes, Law Books House, Egypt, 2004.
X. Abdullah bin Masoud, Effectiveness of Methods Used in Proving Electronic Forgery Crimes, Naif Arab University for Security Sciences, Kingdom of Saudi Arabia, 1st ed., 2011.
XI. Ali Gamal El-Din Awad, Banking Operations from a Legal Perspective, no publisher, 1989.
XII. Omar Al-Saeed Ramadan, Explanation of Criminal Law – Special Section, Arab Renaissance Publishing House, 1986.
XIII. Ali Adnan Al-Fil, Criminal Liability for Misuse of Electronic Credit Cards, Modern Book Foundation, Lebanon, 1st ed., 2011.
XIV. Fawzia Abdelfattah Al-Sattar, Explanation of Criminal Law – Special Section, Arab Renaissance Publishing House, Cairo, Egypt.
XV. Kameet Talib Al-Baghdadi, Unlawful Use of Credit Cards: Criminal and Civil Liability, Dar Al-Thaqafa, Jordan, 1st ed., 2008.
XVI. Mohamed Tawfik Saudi, Credit Cards: Legal Foundations of Relationships Arising from Their Use, Al-Ameen Publishing House, Egypt, 1st ed., 2009.
XVII. Mohamed Abdelhalim Omar, Legal, Banking, and Accounting Aspects of Credit Cards, Itrak Publishing and Distribution House, Cairo, Egypt, 1997.
XVIII. Mahmoud Ahmed Taha, Criminal Liability for the Unlawful Use of Credit Cards, Conference on Electronic Banking Operations between Sharia and Law, Vol. 3, United Arab Emirates University, 2003.
XIX. Moataz Nazih Mohamed El-Mahdi, The Legal Nature of Electronic Credit Cards and the Civil Liability Arising Therefrom, Arab Renaissance Publishing House, Cairo, Egypt, 2006.
XX. Maadi Asaad Sawalha, Credit Card, no edition, Modern Book Foundation, Lebanon, 2011.
XXI. Fida Yahya Ahmed Al-Hamoud, The Legal System of Credit Cards, Dar Al-Thaqafa for Publishing and Distribution, Jordan, 1990.
XXII. Naela Adel Mohamed Fared Qoura, Economic Computer Crimes, Al-Halabi Legal Publications, Lebanon, 1st ed., 2005.
XXIII. Hisham Mohamed Fared Rostom, Criminal Law and the Risks of Information Technology, Modern Machines Library, Assiut, Egypt, 1994.
Second: Scientific Journals:
I. Ahmed Abdel Latif Al-Jarallah, “Criminal Protection of Electronic Transactions under Law No. 20/2014,” published in Law Journal, Kuwait, Vol. (40), Issue (1), March 2016.
II. Refaat Fakhry Abadir, “Credit Cards from a Legal Perspective,” published in Journal of Fatwa and Legislation Administration, Kuwait, Fourth Year, Issue (4), 1984.
III. Journal of the Islamic Fiqh Academy of the Organization of the Islamic Conference, Issue No. 7, 1991.
IV. Makhloufi Abdelwahab and Houwam Alaa, “The Impact of the Unlawful Use of Credit Cards and Its Relationship to the Crime of Money Laundering,” Journal of Human Sciences, Mohamed Khider University of Biskra, Issue (46), March 2017.
Third: Academic Theses:
I. Ali Kain, The Legal System of Credit Cards, Master’s Thesis, Faculty of Law, Cairo University, 2005.
II. Merbah Saliha, Civil and Criminal Legal Protection of Credit Cards, PhD Dissertation, Faculty of Law, University of Algiers, 2019.
Fourth: Laws and Legislation:
I. UAE Criminal Procedure Law issued by Federal Decree-Law No. 38 of 2022 dated 3 October 2022, published in Official Gazette No. 737 (Supplement of 10 October 2022), effective as of 1 March 2023.
II. UAE Crimes and Penalties Law, amended by Federal Decree No. 36 of 2022, issued on 3 October 2022, published in Official Gazette No. 737 (Supplement of 10 October 2022), effective from the day following its publication.
III. Federal Law No. 3 of 1987 on the Issuance of the Penal Code, published in the Official Gazette on 20 December 1987, effective from 20 March 1988, and repealed by the UAE Crimes and Penalties Law as amended by Federal Decree No. 36 of 2022 issued on 3 October 2022 and published in Official Gazette No. 737 (Supplement of 10 October 2022), effective from the day following its publication.
IV. UAE Civil Transactions Law.
V. Law No. 2 of 2005 dated 9 February 2005 concerning the amendment and completion of Order No. 75-59 dated 20 Ramadan 1395 AH (corresponding to 26 September 1975) containing the Commercial Code.
VI. Law No. (103.12) relating to credit institutions and similar bodies, promulgated by Royal Decree No. 1-14-193 dated 1st Rabi’ al-Awwal 1436 AH (24 December 2014), updated as of 31 March 2022.
VII. Electronic Exchange and Commerce Law No. 83 of 2000, published in the Official Gazette of the Republic of Tunisia, No. 64, dated 11/08/2000.
Fifth: Judicial Rulings:
I. Federal Supreme Court, Criminal Division, Appeal No. 568 of 2018 (Criminal), issued on 25/09/2018.
II. Federal Supreme Court, Criminal Division, Appeal No. 613 of 2018 (Criminal), issued on 16/10/2018.
Sixth: Electronic Sources:
I. Website: https://blog.mostaql.com/bank-cards-guide/— last accessed on 26/03/2023 at 16:49.
II. Mohamed Abdelhalim Omar, Banking Credit Crisis: An Islamic Perspective, p. 3, published on the website: https://ebook.univeyes.com/40318
— last accessed on 15/04/2023 at 17:55.
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright and Licensing:
For all articles published in Journal of Legal Sciences, copyright is retained by the authors. Articles are licensed under an open access Creative Commons CC BY 4.0 license, meaning that anyone may download and read the paper for free. In addition, the article may be reused and quoted provided that the original published version is cited. These conditions allow for maximum use and exposure of the work.
Reproducing Published Material from other Publishers: It is absolutely essential that authors obtain permission to reproduce any published material (figures, schemes, tables or any extract of a text) which does not fall into the public domain, or for which they do not hold the copyright. Permission should be requested by the authors from the copyrightholder (usually the Publisher, please refer to the imprint of the individual publications to identify the copyrightholder).
Permission is required for: Your own works published by other Publishers and for which you did not retain copyright.
Substantial extracts from anyones' works or a series of works.
Use of Tables, Graphs, Charts, Schemes and Artworks if they are unaltered or slightly modified.
Photographs for which you do not hold copyright.
Permission is not required for: Reconstruction of your own table with data already published elsewhere. Please notice that in this case you must cite the source of the data in the form of either "Data from..." or "Adapted from...".
Reasonably short quotes are considered fair use and therefore do not require permission.
Graphs, Charts, Schemes and Artworks that are completely redrawn by the authors and significantly changed beyond recognition do not require permission.
Obtaining Permission
In order to avoid unnecessary delays in the publication process, you should start obtaining permissions as early as possible. If in any doubt about the copyright, apply for permission. Journal of Legal Sciences cannot publish material from other publications without permission.
The copyright holder may give you instructions on the form of acknowledgement to be followed; otherwise follow the style: "Reproduced with permission from [author], [book/journal title]; published by [publisher], [year].' at the end of the caption of the Table, Figure or Scheme.
