This research aims to study the concept of legitimate defense and its legal framework in both Islamic criminal jurisprudence and Emirati legislation. Through a comparative analysis, it highlights the points of agreement and difference between the two systems and reveals the legal and religious foundations upon which this right rests as a justification for action. The study employs a descriptive-analytical approach, examining religious texts from the Holy Quran and the Sunnah (Prophetic traditions), analyzing the opinions of scholars from the four major schools of Islamic jurisprudence, and studying relevant legal texts in the UAE Federal Penal Code and Emirati judicial rulings. The research addresses the conditions for legitimate defense, its limits, and its impact on criminal and civil liability, while distinguishing it from similar legal systems such as the state of necessity. The study concluded that self-defense is an inherent right established in Islamic law, and in some cases, it even rises to the level of an obligation, particularly in cases of attacks on life and honor. The UAE legislator, however, has regulated it as a justification for self-defense, precisely defining its conditions and regulations. The findings also revealed a significant convergence between Islamic jurisprudence and UAE law regarding the essence of self-defense, especially concerning the conditions of necessity and proportionality, although some differences remain in the scope of its application and legal characterization. The study concluded with a set of recommendations emphasizing the importance of strengthening legal and jurisprudential awareness of the limits of self-defense and the necessity of developing legislative texts to achieve greater clarity and consistency with Islamic principles.
Abu Aqil, T. S. M. (2020). The discretionary power of the criminal judge in cases of legitimate self-defense. *Al-Fikr Al-Shurti Journal, 29*(115), 245–296.
Ahmed, T. M. A. (2025). Excess in the exercise of the right of legitimate self-defense. *Journal of Jurisprudential and Legal Research*, (50), 3328–3373.
Ahmed, M. M. M. (2021). The nature of legitimate self-defense and the conditions for its exercise in light of international law. *Journal of Graduate Studies*, (5), 172–190.
Al-Aghbari, A. K. S. N. (2024). Rulings on private legitimate self-defense in Islamic jurisprudence and law. *Al-Andalus Journal for Humanities and Social Sciences*, (92), 148–187.
Ben Seddouk, M. (2021). Legitimate self-defense between Islamic jurisprudence and positive legislation. *Al-Wahat Journal for Research and Studies, 14*(1), 252–279.
Boumaaza, F. (2021). Preventive legitimate self-defense in international law: Foundations and legitimacy. *Journal of Law and Human Sciences, 14*(3), 226–251.
Al-Darmaki, A. (2023). Legitimate self-defense from the perspective of Islamic Sharia rulings and UAE law. *International Journal of Academic Research (Social and Human Sciences), 16*(1), 18–35.
Al-Dabbasi, A. B. A. B. A. (2024). The principle of proportionality in legitimate self-defense against cyberattacks. *Journal of Sharia Sciences, 17*(3), 3333–3386.
Al-Dulaimi, F. A. I. (2020). Exceeding the limits of the right to legitimate self-defense under international law. *Al-Rafidain Journal of Law*, (70), 260–289.
Rabee, M. S. A. (2024). Cyberattacks between legitimacy as a means of legitimate self-defense and condemnation as unlawful aggression: An analytical study in light of international law. *Journal of Legal and Economic Studies, 10*(1), 4157–4247.
Al-Zein, A. M. A. (2022). The right of legitimate self-defense in Sudanese legislation. *Al-Manara Journal for Legal and Administrative Studies*, (40), 37–55.
Al-Suwaidi, S. G. (2008). The legality of anticipatory legitimate self-defense under contemporary international law. *Journal of Security and Law, 16*(2), 244–358.
Abdel-Samad, F. A. (2019). *Rulings on legitimate self-defense in Islamic jurisprudence and criminal law* (Master’s thesis). Mohamed Boudiaf University, Algeria.
Alyan, G. F., & Abu Al-Hassan, S. M. (2024). The legal consequences of exceeding the right of legitimate self-defense: A comparative study. *Istiqlal University Journal for Research, 9*(2), 27–50.
Al-Qahtani, A. M. F. (2023). Exceeding legitimate self-defense and methods of rebutting its plea under the Saudi legal system: An analytical study. *Taibah University Journal of Law, 2*(3), 109–134.
Kerdman, A. S. S. (2024). The right of legitimate self-defense from the Sharia and legal perspectives. *Journal of the Faculty of Islamic and Arabic Studies for Girls in Alexandria, 2*(40), 1913–1955.
Al-Labban, O. S. (2023). Private and public legitimate self-defense in Islamic criminal jurisprudence. *Legal Journal, 18*(5), 2507–2614.
Mahdi, A. N. A. (2024). Exceeding the limits of legitimate self-defense. *Al-Iraqia University Journal, 1*(69), 206–215.
Al-Yousef, K. M. A. (2023). The principle of freedom of defense in the system of Sharia litigation: A foundational and applied study. *Qada Journal*, (32), 223–289.
Horder, J. (2022). *Ashworth’s principles of criminal law*. Oxford University Press.
Alqemzi, M. S., & Marni, N. Bin. (2026). The Legal Regulation of Legitimate Self-Defense in Emirati Legislation and Islamic Criminal Jurisprudence. International Journal of Academic Research in Business and Social Sciences, 16(1), 699–706.
Copyright: © 2026 The Author(s)
Published by Knowledge Words Publications (www.kwpublications.com)
This article is published under the Creative Commons Attribution (CC BY 4.0) license. Anyone may reproduce, distribute, translate and create derivative works of this article (for both commercial and non-commercial purposes), subject to full attribution to the original publication and authors. The full terms of this license may be seen at: http://creativecommons.org/licences/by/4.0/legalcode
