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A paper on Saudi Arabia's justice system. ...

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Saudi Arabia: Allah’s Justice Samantha Wallace Northern Arizona University February 11, 2018

A universal perspective is helpful in all areas of study. However, when it comes to criminal justice, it is especially important. Understanding the criminal justice systems of other

nations helps to combat crime and provide an increased cooperation of countries to fight transnational crime. It is also interesting to study the criminal justice systems of other nations to foster an appreciation for diversity and to avoid ethnocentrism. The components of Saudi Arabia’s justice system, its pros and cons, and how it compares to the United States’ criminal justice system is important to consider when developing a globally diverse perspective of criminal justice. This will be considered in the following examination. Saudi Arabia’s justice system is based around the religious/philosophical legal tradition (Reichel, 2013, p. 91). There is no distinct legal form or structure, it is based around the idea of Islam and what Islam provides as the standard of behavior. Hence, God, or Allah, is considered the divine ruler of the foundation of law, as found in Islam. The Shari’a is considered “the path to follow” (Reichel, 2013, p. 92). This consists of the writings in the Qur’an (the holy book of Islam) and Sunna, which is the statements and deeds of the prophet Muhammad, who has the blessing of Allah (Reichel, 2013. p. 92). The Qur’an and Sunna are Saudi Arabia’s constitution as well (Reichel, 2013, p. 94). To provide more parts to its legal system, Islamic countries such as Saudi Arabia have “consensus by jurists (ijma) and qiyas, which is “analogical reasoning” (Reichel, 2013, p. 92). This is extra reasoning when dealing with a crime not specifically mentioned in the Qur’an or Senna. The Qur’an contains rules regarding religious, personal, social, economic, and other aspects of Muslim life (Reichel, 2013, p. 93). The book governs all aspects of life, and everyone is expected to follow it. It also contains the punishments for crimes committed against Allah and the prophet Muhammad. Crimes are categorized from the Qur’an and most are of a “community” nature. That is, crimes that are committed are things such as adultery, substance intoxication (particularly alcohol), and murder; anything that really impacts the functioning or integrity of the

community or the society. The goal is to keep the moral and religious systems in place in all aspects of society and to make people follow them. On the other hand, the Sunna provides the means of applying substantive criminal law (Reichel, 2013, p. 94). What do crimes look like and how are they classified in Saudi Arabia? Crimes are not considered to be criminal in nature until a boy or girl reaches puberty (Reichel, 2013). Furthermore, crimes are separated into three distinct categories. The Hudud crimes are the most serious crimes, they are an “act against God,” and these are things such as adultery and alcohol intoxication (Reichel, 2013, p. 123). Qisas crimes are crimes committed against a person and include things such as murder and assault (Reichel, 2013, p. 124). The interesting thing about qisas crimes is that they can be resolved through diyya, or a monetary payment to the victim (Reichel, 2013, p. 124). Lastly, tazir crimes are not mentioned in the Qur’an or Sunna, but they are decided through ijma (consensus) (Reichel, 2013, p. 125). Tazir crimes are things regarding inappropriate Muslim conduct usually, such as obscenity or homosexuality (Reichel, 2013, p. 124). This system of classification of crimes is the major substantive component of Saudi Arabia law. The procedural law of Saudi Arabia combines the adversarial and inquisitorial process. How does this compare to the United States? The United States falls under the common legal tradition and follows an adversarial system of law. The penal code for each state could be considered the “Qur’an” of the United States, since it tells each state the definition of a crime and its punishment. Furthermore, legislative bodies write the law or a person of authority. Whereas in Saudi Arabia, the holy writings of Islam are the writings of law and nobody can ever change them, they are set in stone. In the United States, laws have flexibility- they can change. Also, Saudi Arabia allows some

crimes to be paid off through diyya, whereas in the United States there is bail. The pros and cons of Saudi Arabia’s system are considered next. One con of Saudi Arabia’s system of justice is that the laws are fixed in the Qur’an and never to be replaced or challenged. But, this is also a pro too since citizens are highly aware of what is considered acceptable and inacceptable conduct in society. Another con to the justice system is the fact that punishments are fixed and to be strictly enforced down to the manner of execution and penalty. A pro to the justice system however, is the requirement of witnesses for criminal acts to be considered true (Reichel, 2013). Most criminal acts require at least two witnesses to be considered an official crime (Reichel, 2013). Lastly, another pro to the justice system is the presence of using forgiveness for crimes. Saudi Arabia’s justice system is an interesting study due to its very different origins and perspectives, especially compared to the United States. The system is a unique and historical one, that is fixed in nature and provides many insights into how diversity and different cultural backgrounds create different social realities in the justice system. This examination considered the components of Saudi Arabia’s justice system, its pros and cons, and how it compares to the United States. From these things, it is concluded that Saudi Arabia is a God based criminal justice system that has three distinct categories of criminal conduct and specific historical legal traditions, as the standards are derived from the Qur’an and Sunna. Whereas, the United States follows the common law tradition and its laws are flexible but fixed according to penal codes. These different perspectives of study provide a grounding for diverse learning and a foundation for future efforts to combat transnational crime overall.

References Reichel (2013). Comparative Criminal Justice Systems: A topical approach (6th edition). Upper Saddle River, New Jersey: Pearson Education.

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