ISSN: 2225-8329
Open access
This study examines procedural safeguards designed to protect children in criminal proceedings through a comparative analysis of Emirati law and Islamic Sharia, taking into account recent legislative developments and contemporary challenges in juvenile justice. It is based on the premise that children, due to their legal vulnerability and incomplete mental and psychological development, require special procedural protection to preserve their dignity and prevent abuse throughout criminal proceedings. Adopting a comparative analytical approach, the study explores the concept of procedural safeguards, their legal and Sharia foundations, and their application during the stages of investigation, trial, and execution of measures. Particular attention is given to the principle of the best interests of the child as a guiding standard that limits the powers of law enforcement authorities and directs criminal policy toward rehabilitative alternatives rather than custodial penalties. The study shows that Emirati legislation has embraced an advanced approach by establishing a comprehensive system of safeguards, including confidentiality of procedures, specialized juvenile courts, restrictions on interrogation, mandatory legal or guardian representation, and expanded use of alternative measures, all aimed at effective protection and social reintegration of the child. In parallel, Islamic Sharia is shown to have established early and robust foundations for procedural child protection through principles such as gradual accountability, discernment, avoidance of punishment in cases of doubt, and prioritization of mercy and reform. The study concludes that the relationship between Emirati law and Islamic Sharia in child protection is complementary, combining procedural clarity with ethical and humanitarian values, and recommends strengthening this integration through legislative development and specialized training in juvenile justice.
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