Dubai Court Ruling Underscores Scrutiny of WhatsApp Messages as Legal Evidence

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Dubai: In a notable ruling, the Dubai Court of Cassation has set aside a previous judgment by the Court of Appeal in a personal status dispute, citing shortcomings in how digital evidence was evaluated.

The case involved a woman who sought to prove that her husband had divorced her, relying in part on WhatsApp messages. The higher court found that the lower court did not adequately examine these messages and has now sent the case back to the Court of Appeal for a fresh review, directing it to reassess the electronic evidence alongside the legal arguments presented.

In its decision, the court emphasised that messages exchanged عبر WhatsApp must be carefully analysed to confirm their authenticity, establish the identity of the sender, and determine whether they meet the legal standards required for admissibility.

Legal experts say the ruling reflects a broader shift in how courts are التعامل with digital communications in legal proceedings. Hasan Elhais, a legal consultant at Amal Al Rashedi Lawyers and Legal Consultants, said the judgment reinforces the need for thorough scrutiny of such evidence.

He noted that courts must ensure that messages are genuine and have not been altered, and that they can be reliably attributed to the individual in question before being accepted. At the same time, he clarified that digital messages alone do not automatically prove a claim unless they satisfy established evidentiary requirements.