WhatsApp messages must be verified to be accepted as court evidence in Dubai, a lawyer said. The lawyer underscored the importance of authentication and compliance with digital evidence laws in legal proceedings. Legal experts said the judgment highlights the UAE courts’ evolving approach to modern communication tools and their role in legal disputes.
Digital evidence, such as WhatsApp messages, must be verified and examined for authenticity when presented as evidence in disputes, a legal expert in Dubai said, citing a recent ruling by the emirate's highest court.
In a judgment, the Dubai Court of Cassation overturned a ruling by the Court of Appeal in a personal status dispute, finding that the lower court had failed to properly assess WhatsApp messages submitted by a wife seeking to prove that her husband had divorced her.
Messages on platforms like WhatsApp can be edited, deleted, or fabricated. Even real exchanges can be taken out of context through selective screenshots, altering their meaning. Metadata, such as timestamps or sender information, can also be tampered with or misinterpreted if not properly verified through forensic methods.
According to the judgment, the wife argued that her husband divorced her on separate occasions and relied on witness testimony as well as WhatsApp text messages that she said supported her claim.
However, the Court of Cassation found that the lower court rejected the claim without sufficiently examining the messages, whether they were attributable to the husband, and whether they fulfilled the legal conditions required for evidentiary weight.
Dr. Hasan Elhais, legal consultant at Amal Al Rashedi Lawyers and Legal Consultants, said, “This ruling is significant because the court made clear that WhatsApp messages must be examined carefully to determine whether they are genuine or manipulated, and to verify that they were sent by the person alleged to have sent them, before they can be accepted as valid evidence.”
“In personal status cases, what matters is not whether the message was sent in a traditional way or through a modern platform,” he said. “What matters is whether it is genuine, who sent it, and whether it meets the legal standards in the UAE.”
Dr. Elhais noted that the ruling is important to the public because it sends a broader message about the need to treat electronic communications seriously, particularly in disputes involving family rights and legal status.
“For members of the public, this judgment is a reminder that messages sent through mobile applications may have consequences beyond private conversation,” he said, adding that these messages may later be used in court, particularly when they relate to rights, obligations, or personal status.
The court referred the case back to the Court of Appeal for reconsideration in light of the electronic evidence and the arguments raised. In its judgment, the highest court stressed the need to carefully investigate WhatsApp messages to establish their authenticity, verify the sender, and assess whether they meet the legal threshold for evidence