أثر الإقرار في جرائم الحدود و القصاص في القانون الإماراتي : دراسة فقهية تطبيقية

Abstract EN

The present research is a jurisprudence-based, theoretical, applied and comparative study.

It deals with the impact of confession in fixed-punishment crimes (ḥudūd) and retaliation in the Islamic jurisprudence and the Emirati law.

It aims to explicate the nature of confession, its conditions and the criteria used in establishing ḥudūd and retaliation and their applications in the Islamic jurisprudence and the law of the United Arab Emirates.

It focuses on studying the trends of the Emirati judicial practice through related judicial precedents and the supreme courts' judgments regarding confession and its effect on proving fixed-punishment crimes (ḥudūd) and retaliation in the context where there is neither a legal text that governs and regulates such confession in both substantive and procedural terms nor a legislator-enforced obligation on Emirati courts to adopt a specific jurisprudential school! The result is that the Emirati Supreme Courts have been exercising their legal discretion over the years through consulting the various juristic views.

The study concludes with some findings, including the following: There is consistence in the supreme courts' practice regarding the implementation of the impact of confession in fixed-punishment crimes (ḥudūd) and retaliation.

The courts eliminate and drop fixed punishment in case a defendant retracts his/her confession before any court, even during the execution.

The study has also made some recommendations, the most important of which is the necessity of having disciplined legal provisions regulating confession in retaliation, fixed-punishment crimes and criminal justice in the UAE Law.