موقف التشريع الجزائي الإماراتي من حالة الضرورة

الملخص EN

The aim of this research is to identify the state of necessity in Islamic jurisprudence and positive law, clarify the penal policy in light of the necessary action, and elucidate the legal nature of the state of necessity, whether as a cause of permissibility or an obstacle to liability and its penal effects.

The state of necessity requires an act committed under the influence of threat with this danger, and it is based on two main pillars.

The first is the danger that threatens the soul or money or both of them.

The second is the act of necessity a person resorts to in order to face this danger, thinking that it is the only way to prevent the risk.

It was found that the Emirati legislator - like other Arab legislations - did not include the state of necessity among the reasons for permissibility, but rather made it an obstacle to criminal liability.

It was also found that the UAE penal legislator has improved in including the text of Article (64) of the Federal Penal Code for the state of criminal necessity over the threat to the soul and money, which indicates the future outlook of the UAE federal legislature and its keeping pace with life changes and development.