COMMUNITY SERVICE AS AN ALTERNATIVE PENALTY TO SHORT-TERM IMPRISONMENT IN THE UAE AND MALAYSIA: A COMPARATIVE LEGAL ANALYSIS
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Abstract
The United Arab Emirates (UAE) was one of the first Arab countries to implement a community service system as an alternative to the sort-term imprisonment. This study aims to identify the nature of community service as an alternative to imprisonment, its regulations, and its application in UAE and Malaysian legislation, as well as in comparative law. The research utilizes normative legal research, analyzing laws and regulations related to community service in UAE and Malaysian legislation. This includes examining the conceptual framework of community service penalties, their legal nature, advantages, and scope, as well as the procedures for implementing such penalties. The discussion in this research employs a qualitative method, specifically the descriptive, analytical, and comparative approach. This involves analyzing and comparing the legal rules of the UAE Federal Law on Crimes and Penalties, the Malaysian Criminal Procedure Code, and complementary penal laws of the two countries. The study's findings indicate the positive role of community service in addressing social and familial issues resulting from imprisonment, as well as alleviating overcrowding in penal institutions. The similarities and differences between community service in the UAE and Malaysia are also discussed, with recommendations made for legislative amendments to this penalty in both countries.
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