MENA REGION
Khaimah Tourism Development Authority announced at the Arabian Travel Market exhibition held in Dubai in May 2022 that it had created a new department of Entertainment and Gaming Regulation to monitor “integrated resorts”. When the resort opens in 2026 Wynn estimates that 95 percent of the world’s population will be within an eight-hour flight of a Wynn Resort. So the big question is: where next? It is actually not necessary to travel too far to see signs of other potential resort casino developments in resorts that have already been constructed or are planned in one of Ras Al Khaimah’s close neighbours, Dubai. Islam and gambling Following Wynn’s announcements there is renewed talk of casinos being introduced in other UAE Emirates such as the regional tourism hub Dubai. How is this possible when in relation to Islam’s position on gambling it is clearly forbidden? In several places in the Quran the sinfulness of gambling is specifically mentioned; in particular, the distraction from prayer it causes. Indeed, in June 2022 the Dubai police issued a warning about the illegality of gambling at a security awareness workshop. The workshop was organised by Dubai Police, in cooperation with the Consulate-General of the People’s Republic of China in Dubai and the Ministry of Foreign Affairs and International Cooperation. It is noteworthy that the Consul General of China attended. It is reported that Major Dr Saud al-Khalidi from Dubai police’s Organised Crime Department and Captain Ahmed Al Zarouni from the Crime Prevention Department said: “whoever gambles shall be punished by detention for a maximum period of two years or by a fine not exceeding Dh20,000 (approximately US$5500). Also, imprisonment or a fine shall be imposed if the crime occurs in a public place, a place open to the public, or in a place or house prepared for gambling, according to Articles 414 and 415 of the Federal Law No. (3) of 1987 Promulgating the Penal Code.” However, given the significance of the tourist economy in several Emirates the rulers of Dubai and almost certainly Ras Al Khaimah probably realise that, as with the relaxation of laws on the consumption of alcohol by tourists in hotel resorts and the ability of ex-pats to purchase alcohol in a wider range
of outlets, they can only fully compete with destination resorts in other countries if the prohibition on gambling and casinos is relaxed. As we will explore in more detail, some forms of activity that would be perceived as and/or defined as gambling in other jurisdictions are already permitted in Dubai, which takes a less conservative approach than neighbouring states such as Qatar. Dubai has already seen the development of two integrated resorts, which anywhere else in the world would contain casino facilities. The Atlantis at the end of the Palm is a mirror image of its twin in the Bahamas which has a 6,000 sq m casino. Caesars Entertainment has more recently constructed and opened an integrated resort on Bluewaters Island, close to the Dubai Marina. The common denominator in all three of these resort developments is that they are/have been constructed off shore on man-made islands reclaimed from the sea. MGM have also announced that they will soon start constructing an integrated resort off the coast at Jumeirah Beach, close to the Burj Al Arab. MGM have denied that it will contain a casino but with the significant investment by two major Las Vegas based casino operators it must at least be possible that space has been “set aside”. Then of course there is the QE2 which, although permanently moored at Port Rashid, quite close to the Dubai Creek, is still a floating vessel. The luxury liner will originally have boasted a casino on board and so would the current owners find space to re-instate a potentially lucrative asset and added tourist attraction? In common with most jurisdictions casinos on cruise ships must be closed when they enter Emerati territorial waters and can only open when they reach International Waters. Would the authorities consider a permanently moored vessel as being off-shore? Casinos on reclaimed land As already mentioned all these resort developments are on land that has been reclaimed from the Gulf. Does this fact and potentially the imposition of a restriction preventing local nationals from entering the casinos provide an exclusion from Islamic injunctions to allow for the development of several further integrated resort casinos in the UAE, in order to maximise tourist revenue?
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IMGL MAGAZINE | JANUARY 2023
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