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Friday, September 20, 2024
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In the courtroom of the judges who helped build the UAE’s legal system

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As Saleh Farah’s flight approached Abu Dhabi, he looked down to see a village dotted with huts and Bedouin-style tents along the coastline.

It looked no different from the environment in his native Sudan, and was in stark contrast to the Abu Dhabi that Farah faced today (55 years later).

He will play a vital role in the formation of the UAE in the years and decades to come. He worked closely with Sheikh Zayed bin Sultan Al Nahyan, the founding father of the UAE, and forged ties with the country that has become his home.

he sat down with National Memories of his extraordinary life and experiences.

Aerial photo of Abu Dhabi with Qasr Al Hosn in 1966.Photo: National Archives

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Mr. Farah, now in his 90s, a law graduate and one of the first Sudanese to be called to British pubs in London, worked his early years as a civil servant in the Khartoum government.

He resigned in 1966 after a dispute with the establishment of his bureaucracy. The British embassy in Khartoum offered him a position as one of Rashij’s protectorates, north of Aden, in South Yemen, which was still part of the British Empire at the time. However, he foresaw unrest and rejected it.

It was a newspaper ad by the Sudanese Ministry of Labour that prompted his life-changing move.

Sheikh Zayed has big plans for Abu Dhabi after discovering oil and is looking for talent from overseas to help realize his vision.

Mr. Farah interviewed in Sudan for the post of Chief Judge of Abu Dhabi and was offered the job in November 1966. He was then told he would take on a dual role: Sheikh Zayed’s legal adviser and justice minister.

Life in Abu Dhabi

Traveling to and from Abu Dhabi is a long one. Mr Farah first flew from Khartoum to Beirut, where he stayed for a few hours before boarding a British Overseas Airways flight to Bahrain, where he stayed overnight. The next morning, his last stop in Abu Dhabi was on a Gulf carrier Fokker Air, which seldom flies regularly to the emirate.

They landed in an area near what is now Mulu Road, near the junction with 17th Street, within what is today the Abu Dhabi Media Centre. It was the only place where the survey team was able to find 1,000 meters of ground enough to support the weight of the aircraft.

A Gulf Air plane lands at an airstrip in Abu Dhabi in the early 1960s.Photo: David Riley

He only brought basic toiletries, some clothes, his Quran and preparations to work.

Sheikh Zayed was in Pakistan at the time, so his older brother Sheikh Khalid was in charge in his absence.

Mr. Farah was taken to Qasr Al Hosn to meet him and then placed in a hotel – the hotel at Al Mariah Cinema now on Al Nadja Street.

A few weeks later, his first meeting with the ruler came. But this time, Mr Farah got his own car but was delayed almost immediately due to difficult driving conditions on the sandy road.

He flew to Dubai to meet Sheikh Zayed, who had returned from a private visit abroad, and accompanied him on the 20-minute return flight back to Abu Dhabi.

“He greeted me very warmly with a handshake and asked how I was doing,” Mr Farrah told National. “He only had a few minutes with everyone on the plane, and while it was a brief introduction, I started spending most of the day with him.”

About two months into his new post, he accompanied Sheikh Zayed to meet King Faisal of Saudi Arabia to discuss the land border.

Image from Itihad Archives. Courtesy Al Itihad. Abu Dhabi, UAE.  1974. Sheikh Zayed and King Faisal of Saudi Arabia sign a boarding agreement.  *** Local subtitles*** 000004.JPG

He also accompanied the ruler on trips to Bahrain, Qatar, Kuwait, Britain and Spain, but two trips to Iran to meet the shah are most prominent in his memory.

As Abu Dhabi remained a British protectorate, Mr Farah worked closely with British agents.

“I found that British agents treated me with respect,” he said. “I’m not just a solicitor, I’m a barrister, and membership in the English Court Hotel is a huge asset.”

However, this is not always a smooth relationship. In 1968, a letter from Archie Lamb, the British political agency in Abu Dhabi, said Farah “appeared to be happy to obstruct.”

Mr Farah said: “It could be a hindrance to the law that the British want and it is not suitable for the region.”

new legal system

When Mr Farah arrived in Abu Dhabi, the British had been using their own legislation for almost 20 years. As a judge and director of the justice department, he was tasked with building a full-fledged legal department.

This requires the creation of a judicial system of three to four judges of appeal courts, excluding preliminary judge rulings in any particular case. The system still exists today, albeit greatly expanded to accommodate the country’s growing needs.

“I arrived without written legislation, but there was customs, so what we’re trying to do is add laws to those areas,” Mr Farah said.

One hurdle for the legal development team was that anything about Abu Dhabi was dealt with by British courts, while protectorate law was dealt with by a British judge who regularly traveled from Bahrain to what was then known as the Gulf Truce. At some point, the UK handed over the jurisdiction of all countries to Abu Dhabi, with the exception of Europeans, Americans and Commonwealth members.

“To win jurisdiction over the general population, we must ensure that the UK agrees to the laws we propose, which will also apply to groups previously exempted by the UK under the Gulf Armistice Agreement,” Mr Farah said.

In presenting the new law to Sheikh Zayed, Mr Farah asked a British agent to accept it. The judge’s uncompromising stance on Abu Dhabi and “stubbornness” is recorded in the UK file.



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