scholarly journals THE USE OF FLOGGING AS A PUNISHMENT IN SAUDI ARABIA FROM THE PERSPECTIVE OF INTERNATIONAL HUMAN RIGHTS LAW

2021 ◽  
Vol 29 (1) ◽  
pp. 77-102
Author(s):  
Hind Sebar ◽  
Shahrul Mizan Ismail
Keyword(s):  
Human Rights ◽  
Saudi Arabia ◽  
Criminal Law ◽  
Islamic Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Legal Procedures ◽  
Made In

Flogging is one of the most widely-used corporal punishments in Islamic penology. Most countries that practice Islamic criminal law use flogging to punish a variety of crimes and offenses. Saudi Arabia is one of the countries that use flogging to punish various crimes and has faced immense backlash from the international community for gross violation of human rights. The goal of this article is to investigate the implementation of flogging as a punishment in Saudi Arabia. Moreover, it also examines how international human rights law has contributed to limiting flogging as a form of criminal punishment. This study has critically analysed several human rights documents in order to understand how flogging is viewed under international human rights law if compared to the position under the Shari‘ah. Focus on the implementation of flogging in Saudi Arabia is made in particular. In addition, it is found that the application of flogging in Saudi Arabia is overused and is uncodified. Hence, the article signifies the necessity of codifying Islamic law to ensure fair legal procedures. Interestingly, a recent announcement that abolishes flogging as a common form of punishment, indicates the willingness of the kingdom to implement judicial reforms, thereby creating a ray of hope in the form of amendment of laws.

scholarly journals HUMAN RIGHTS PERSPECTIVES ON ISSUES IN THE IMPLEMENTATION OF ISLAMIC CRIMINAL LAW IN MALAYSIA

2019 ◽  
Vol 4 (1) ◽  
pp. 67-74
Author(s):  
MOHD HISHAM MOHD KAMAL
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Philosophy Of Nature ◽  
International Human Rights ◽  
Time Period ◽  
International Human

 This paper discusses the implementation of Islamic Criminal Law in Malaysia from the human rights perspectives. It looks at Syariah Criminal Offences Enactments and Syariah Criminal Procedure Enactments of States forming the Federation, and deals with the issues of the victimless Syariah offences of khalwat, fornication and drinking intoxicants, determining whether such criminalization is compatible with human rights. Discussion also deals with the issues of sanction and procedures, in finding out the extent to which Malaysia is complying with its International Human Rights Law obligations, if there is any. This paper finds that the Syariah statutory provisions are compatible with the human rights concept. In some extends, Syariah law can explore law uncertainty, because referring to God’s law not nature law. Most of human rights concept have come from the philosophy of nature law. Thus, the approach of nature law will always change depending of time period. However, Syariah law need to improve the training of religious enforcement officers on how to carry out their duties.

Islamic Criminal Law

2009 ◽  
Author(s):  
Christie S. Warren
Keyword(s):  
Human Rights ◽  
Saudi Arabia ◽  
Criminal Law ◽  
Islamic Law ◽  
Intentional Injury ◽  
International Human Rights ◽  
State Legislation ◽  
Criminal Offenses ◽  
The Subject ◽  
International Human

Although criminal law in other legal systems tends to be organized according to the nature of crimes, criminal offenses under classical Islamic law are categorized according to the nature and sources of punishments. Islamic criminal offenses are divided into three categories: (1) offenses and punishments fixed in the Qurʾan or Sunna (hudud); (2) offenses against the person, including intentional injury and homicide, which are considered matters to be settled between the offender and victim, and for which remedies include retaliation (qisas) and financial compensation (diya); and (3) Offenses not fixed in the Qurʾan or Sunna, for which punishments are discretionary (taʿzir). Islamic criminal law is not applied uniformly in all locations—interpretations of Sharia and hudud punishments in countries such as Indonesia and Saudi Arabia, for example, can be very different. In Pakistan, hudud offenses have been incorporated into state legislation. In recent years, Islamic criminal law has been the subject of commentary and critique by scholars and activists within the international human rights community.

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