Can UAE contract law accommodate legal capacity challenges posed by autism spectrum disorders?

This paper investigated the impact of autism on legal eligibility. It was motivated by the reports or recent statistics, showing that the number of autistic people is 4561 cases nationwide 885 of which are females whereas 3676 of them are males, who constitute more than 80% of the total ASD category. It also indicates that the number of ASD cases among the citizens is 2004 of the total number across the UAE, constituting a percentage of 44% of the total. It was hypothesized that ASD affects the contractual obligations of persons suffering from it. Taking into consideration the increasing number of autistic cases and the individual's acts being affected by such a disease, we considered that this issue should be highlighted by articulating the concept of ASD and determining its levels in addition to identifying its causes and symptoms, to define the legal provisions governing the patient's civil legal obligations. This study employed an analytical approach to examine and analyze the legal provisions outlined in the UAE Civil Transactions Act No. (5) of 1985, along with references to relevant jurisprudential perspectives and explanations. The study concluded that ASD has three levels: Level 1, Level 2, and Level 3 ASD. Level 3ly autistic patients have their contracts null and void and have no obligations. However, ASD patients with Level 1 or Level 2 levels assume their obligations after having been legally represented in their contract. The guardian or custodian's authorization of the discerning minor's actions proves their validity in being beneficial to him. This type of authorization does hereby aim at supporting the discerning minor's lack of competence noting that what falls into the discerning minor's acts herein applies to the discerning autistics. Extensive statistical analysis in the UAE has uncovered a striking revelation - a staggering 80% of the total autism spectrum disorder (ASD) population in the country, consisting of 4561 individuals, comprises 3676 males and 885 females. This research focuses on the originality of investigating the ramifications of autism on legal eligibility, presenting valuable insights to institutions and individuals with ASD, and aiding in their comprehensive understanding of the implications involved in contractual agreements.

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Publication Details

Journal
Social Sciences & Humanities Open
Published
2026-02-14
DOI
https://doi.org/10.1016/j.ssaho.2026.102554
Primary Topic
Linguistic, Cultural, and Literary Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Can UAE contract law accommodate legal capacity challenges posed by autism spectrum disorders?

Nermin Eissa, Iyad Mohammad Jadalhaq, Imad Eldin Abdulhay, Enas Mohammed Alqodsi et al.
Social Sciences & Humanities Open
Linguistic, Cultural, and Literary Studies
article

Can UAE contract law accommodate legal capacity challenges posed by autism spectrum disorders?

Nermin Eissa, Iyad Mohammad Jadalhaq, Imad Eldin Abdulhay, Enas Mohammed Alqodsi, Mohammed El Hadi ElMaknouzi
article en

Abstract

This paper investigated the impact of autism on legal eligibility. It was motivated by the reports or recent statistics, showing that the number of autistic people is 4561 cases nationwide 885 of which are females whereas 3676 of them are males, who constitute more than 80% of the total ASD category. It also indicates that the number of ASD cases among the citizens is 2004 of the total number across the UAE, constituting a percentage of 44% of the total. It was hypothesized that ASD affects the contractual obligations of persons suffering from it. Taking into consideration the increasing number of autistic cases and the individual's acts being affected by such a disease, we considered that this issue should be highlighted by articulating the concept of ASD and determining its levels in addition to identifying its causes and symptoms, to define the legal provisions governing the patient's civil legal obligations. This study employed an analytical approach to examine and analyze the legal provisions outlined in the UAE Civil Transactions Act No. (5) of 1985, along with references to relevant jurisprudential perspectives and explanations. The study concluded that ASD has three levels: Level 1, Level 2, and Level 3 ASD. Level 3ly autistic patients have their contracts null and void and have no obligations. However, ASD patients with Level 1 or Level 2 levels assume their obligations after having been legally represented in their contract. The guardian or custodian's authorization of the discerning minor's actions proves their validity in being beneficial to him. This type of authorization does hereby aim at supporting the discerning minor's lack of competence noting that what falls into the discerning minor's acts herein applies to the discerning autistics. Extensive statistical analysis in the UAE has uncovered a striking revelation - a staggering 80% of the total autism spectrum disorder (ASD) population in the country, consisting of 4561 individuals, comprises 3676 males and 885 females. This research focuses on the originality of investigating the ramifications of autism on legal eligibility, presenting valuable insights to institutions and individuals with ASD, and aiding in their comprehensive understanding of the implications involved in contractual agreements.

Social Sciences & Humanities OpenVol. 13
Abu Dhabi University (AE), Mohammed V University (MA), Emirates Foundation (AE), University of Sharjah (AE)
Peace, Justice and strong institutions
Openalex Percentile: Top 61%
Linguistic, Cultural, and Literary Studies
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