The Criminal Protection of the Accused's Rights During the Preliminary Investigation and Inquiry Stages: A Comparative Study between UAE Law And Islamic Sharia

HRMARS - This study examines the criminal protection of the accused's rights during the preliminary inquiry and investigation stages under United Arab Emirates (UAE) law and Islamic Sharia. Recognizing this phase as critical to individual liberty, the study analyzes the legal and jurisprudential frameworks of both systems to highlight their procedural guarantees and systemic alignment. The findings reveal that UAE legislation via constitutional provisions, the Crimes and Penal Code, and the Criminal Procedural Law safeguards the accused through the presumption of innocence and strict statutory limits on arrest, search, and interrogation. Additionally, it empowers the Public Prosecution to supervise judicial police, ensuring procedural legality. Simultaneously, the study demonstrates that Islamic Sharia pioneered these protections, anchoring its criminal justice system on enduring principles such as the presumption of innocence, the legality of crimes and punishments, the avoidance of prescribed penalties (Hudud) in cases of doubt (Shubahat), the right to a defense, and the absolute prohibition of coercion. In Sharia, procedural propriety is a prerequisite for the validity of any judgment. Ultimately, the study identifies a profound consensus between UAE law and Islamic Sharia. Both systems successfully balance the societal interest in crime control with individual constitutional and religious rights. The study concludes that respecting the rights of the accused does not hinder criminal justice but is an essential pillar of it. Upholding the rule of law and human rights ultimately consolidates justice, protects society, and preserves human dignity.