UAE: Man sues wife over threatening WhatsApp message

Abu Dhabi: The UAE’s Federal Supreme Court has overturned a lower court’s conviction of a woman accused of domestic violence after she sent her husband a WhatsApp message that read, “I swear, I won’t have mercy on you,” Emarat Al Youm reported. 

The husband had filed a domestic violence complaint, alleging the message constituted a threat. 

Lower courts found the woman guilty under Federal Decree-Law No. 13 of 2024 on the Protection from Domestic Violence, ordering her to perform community service by memorising parts of the Quran within one month, attend an anti-violence rehabilitation programme, and pay court fees.

The woman appealed, arguing that her words did not amount to a criminal threat and that the case lacked proof of intent. 

The Federal Supreme Court agreed, ruling that the evidence presented could not support a conviction and that the phrase, taken in its context, did not rise to the level of a punishable threat.

In its reasoning, the court cited Article 4 of Decree-Law No. 13 of 2024, which defines domestic violence as “any act, or abstention from an act, or word, or threat thereof, as well as neglect or sexual or economic exploitation committed by a family member against another family member, exceeding the bounds of guardianship or authority, and causing or intending to cause physical, psychological, sexual, or economic harm.”

The judges said the phrase “I swear, I won’t have mercy on you”, especially in the context of a marital dispute did not, by itself, demonstrate an intention to cause harm or instill fear. “The expression, on its own, does not constitute the element of threat required for the crime,” the ruling stated.

The court also criticised the appellate decision for failing to clearly explain the reasoning behind its conviction, noting that under Article 217 of the Criminal Procedure Law, every conviction must include detailed grounds that make its legal and factual basis clear. The judgment, it said, relied on “general and ambiguous language” insufficient to support a finding of guilt.

As a result, the Supreme Court annulled the earlier verdict and acquitted the woman of all charges, confirming that the case lacked both the material and mental elements necessary for a conviction.