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Saudi Arabia
Criminal Justice System
The judicial system is founded upon the sharia, particularly
the Hanbali school of Sunni Islam, in accordance with a ruling
by King Abd al Aziz in 1926. The Hanbali system of jurisprudence,
which rejected analogy as a source of law and gave prominence
to the traditions and sayings of the Prophet Muhammad, was regarded
as especially rigid by most Muslim jurists. If there is no guidance
in Hanbali texts, however, Saudi jurists could refer to other
schools or exercise their own reasoning.
Two categories of crime are delineated in the sharia: those that
are carefully defined and those that are implicit in the requirements
and prohibitions of the sharia. For the first category, there
are specific penalties; for the second, punishment can be prescribed
by a judge (qadi) of a sharia court. A third category of crime
has developed through the years as a result of various governmental
decrees that specified codes of behavior and regulations considered
necessary to maintain public order and security. The first two
categories are tried in sharia courts. The third, dealing with
corporate law, taxation, oil and gas, and immigration, is handled
administratively by government officials (see The Legal System
, ch. 4).
The sharia carefully defines crimes--such as homicide, personal
injury, adultery, fornication, theft, and highway robbery--and
prescribes a penalty (hadd) for each. Various degrees
of culpability for homicide and bodily injury are recognized depending
on intent, the kind of weapon used, and the circumstances under
which the crime occurred. Homicide is considered a crime against
a person rather than a crime against society in which the state
administers justice of its own volition. Under the sharia, the
victim or the victim's family has the right to demand punishment,
to grant clemency, or to demand blood money (diya)--a
set payment as recompense for the crime.
An act of self-defense is recognized as a right nullifying criminality.
Retaliation is permitted to the male next of kin of the victim
by killing the criminal in the case of a homicide or exacting
the same bodily injury that was inflicted on the victim. Acceptance
of diya is, however, considered preferable under the
sharia. In cases involving death or grievous injury, the accused
is usually held incommunicado. Imprisonment before trial can last
weeks or even several months. The right of bail or habeas corpus
is not recognized, although persons accused of crimes are sometimes
released on the recognizance of a patron or employer. The accused
is normally held not more than three days before being formally
charged, but it is common for detainees to be held for long periods
if the investigation is incomplete.
At trials for minor offenses, qadis hear complaints and then
cross-examine plaintiffs, defendants, and any witnesses. The judge
assigns great significance to a defendant's sworn testimony, although
the testimony of two women is required to equal that of one man.
In the absence of two witnesses, oral confessions before a judge
are almost always required for conviction. Trials are held without
jurors and are generally closed. They are normally held without
counsel, although lawyers can advise the accused before the trial.
Attorneys may also be allowed to act at interpreters for those
unfamiliar with Arabic. Consular access is not usually permitted
during the trials of foreign nationals. After determining guilt
or innocence, a sentence, if appropriate, is imposed by the judge.
In certain criminal cases, punishment can be referred to a local
governor or shaykh for sentencing upon the advice of a local Muslim
jurist or the ulama.
Appeals against judges' decisions are automatically reviewed
by the Ministry of Justice or in more serious cases by a court
of appeal. There were two sharia courts of appeal, one sitting
in Riyadh and the other in Mecca. Appeals are heard by panels
of three judges except for sentences of death or amputation, which
can only be adjudicated by a panel of five judges. Decisions of
the appellate courts are final except for sentences of death and
amputation. Cases of capital punishment are automatically referred
to the king for final review.
Data as of December 1992
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