ضمانات تفتيش الأنثى في قانون الإجراءات الجزائية في الإمارات و في القانون الأردني : دراسة مقارنة

Abstract EN

Criminal search is an investigative procedure that is ultimately associated with people private lives, however, Quran and Sunnah prohibit violating Muslims blood, money and honor, and the same was confirmed by the Universal Declaration of Human Rights.

UAE Constitution also provides for protecting people's privacy and that no one may be arrested, searched, detained or imprisoned except under the circumstances and conditions mentioned in the law.

This study deals with an issue of special interest amid the growing concerns demanding the protection of females’ rights.

The focus of this study is on investigating the extent to which the UAE and Jordanian Legislators have succeeded in providing assurances against any infringement of a woman’s dignity and honor during criminal search processes.

The topic was addressed by providing an overview of the legal search and its legal basis in addition to its types and characteristics.

The study also discussed special assurances that should be adhered to and abide by during criminal search procedure of a female.

Issues related to special assurances upon concluding a female search such as illegality of the search should any violation of female search rules occurs and the criminal liability on the person in charge of female search process for violating search rules are also raised by the study.

The study concluded that the UAE legislators were more successful m providing assurances against any infringement on women’s honor and dignity during criminal search procedure.

The study also concluded that the Jordanian legislators were not successful in providing enough assurances against any infringement of female’s rights during criminal search procedure.

Recommendations were proposed to protect females against any infringement of their right, safety, honor and dignity during criminal search procedures.