No, it is not illegal to be gay in Dubai, but the thing is: Same sex marriage is actually illegal as per the UAE laws. Though there is no specific mention of homosexuality in the law that makes it illegal to identify as gay. Let’s understand it all in a much better way.
What the Law in the UAE Actually Says
Well, when you go through the UAE legislation, you don’t find specifically mentioning anything related to homosexuality, so yes, in the legal sense, the law right here in the country just does not penalize a person for their thoughts, feelings, or sexual orientation. Plain and simple!
On the other hand, the legislation emphasizes actions. Yes!
Same-sex sexual relations are unlawful under the UAE federal law. It covers both male and female couples. If the act is proven, it may result in the offender being sentenced to imprisonment. The law stipulates a minimum imprisonment of six months as one of the penalties.
Almost always, it is only when someone lodges a complaint, you know, usually a spouse, a family member, or a guardian, that a case of legal action is noticed. Nevertheless, the law is there, and it can be put into force anytime.
Besides that, different laws exist between the UAE; that’s what we’re certain of. Like? While homosexuality is not directly mentioned, still, same-sex relationships fall under a criminal offense and yes, as per that, there are punishments, including as many as 10 years of imprisonment.
Sharia Law and the Death Penalty: The Real Situation
Though, why you must be asking this question is because the death penalty, being a part of Islamic law, scares a lot of people.
True, Sharia law punishes same-sex sexual acts very severely, at least in theory, that’s how it is. But, in actuality, no authentic or real case has been reported where the UAE has executed a person just for secret, consensual same-sex activities.
The human rights reports and the official documents tell us that although these punishments are possible legally, no one has been punished in practice for private relationships. However, such laws’ mere existence scares people and creates a dilemma, which is why many people live in secrecy.
Is It Illegal to Be Gay or Just to Act on It?
This is the point at which most people get mixed up.
Being gay by definition (your identity or attraction) is not a crime under the laws of the UAE. The authorities cannot arrest you just because of the way you feel.
The point where you come across a legal risk is with your actions.
Having sexual relations with someone of the same sex is against the law. In addition, public displays of affection such as holding hands or kissing a same-sex partner may get you into trouble. Also, in some instances, dressing up or behaving in a way that the authorities consider as breaking gender norms may lead to legal issues.
In other words, the feelings are not something that the law punishes, but it can punish the conduct, especially if it is made public.
