Islamic law in Saudi Arabia

2021 ◽  
pp. 60-106
Author(s):  
Dawood Adesola Hamzah
Keyword(s):  
Saudi Arabia ◽  
Islamic Law

Ragam Bangunan Perundang-Undangan Hukum Keluarga di Negera-Negara Muslim Modern: Kajian Tipologis

2018 ◽  
Vol 11 (1) ◽  
pp. 49-60
Author(s):  
Miftahul Huda
Keyword(s):  
Saudi Arabia ◽  
United Arab Emirates ◽  
Islamic Law ◽  
Family Law ◽  
Marriage Law ◽  
The Third ◽  
Muslim Countries ◽  
Fourth Type ◽  
Modern Family ◽  
The Difference

The reality of the difference in applying Islamic law in the context of marriage law legislation in modern Muslim countries is undeniable. Tunisia and Turkey, for example, have practiced Islamic law of liberal nuance. Unlike the case with Saudi Arabia and the United Arab Emirates that still use the application of Islamic law as it is in their fiqh books. In between these two currents many countries are trying to apply the law in their own countries by trying to bridge the urgent new needs and local wisdom. This is widely embraced by modern Muslim countries in general. This paper reviews typologically the heterogeneousness of family law legislation of modern Muslim countries while responding to modernization issues. Typical buildings seen from modern family law reforms can be classified into four types. The first type is progressive, pluralistic and extradoctrinal reform, such as in Turkey and Tunisia. The second type is adaptive, unified and intradoctrinal reform, as in Indonesia, Malaysia, Morocco, Algeria and Pakistan. The third type is adaptive, unified and intradoctrinal reform, represented by Iraq. While the fourth type is progressive, unifiied and extradoctrinal reform, which can be represented by Somalia and Algeria.

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.

The Role of Physicians in State-Sponsored Corporal Punishment

2016 ◽  
Vol 25 (3) ◽  
pp. 479-492 ◽  
Author(s):  
RUAIM MUAYGIL
Keyword(s):  
Saudi Arabia ◽  
Corporal Punishment ◽  
Islamic Law ◽  
Medical Training ◽  
Saudi Arabian ◽  
Ethical Justification ◽  
High Profile ◽  
The World

Abstract:The question of whether there is justification for physicians to participate in state-sanctioned corporal punishment has prompted long and heated debates around the world. Several recent and high-profile sentences requiring physician assistance have brought the conversation to Saudi Arabia. Whether a physician is asked to participate actively or to assess prisoners’ ability to withstand this form of punishment, can there be an ethical justification for medical training and skills being put toward these purposes? The aim of this article is to examine aspects of Islamic law along with the different professional and religious obligations of Saudi Arabian physicians, and how these elements may inform the debate.

scholarly journals PARADIGM OF DEATH PENALTY (COMPARATIVE STUDY IN INDONESIA, SAUDI ARABIA AND CHINA)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Tedy Nopriandi ◽  
Risky Fany Ardhiansyah
Keyword(s):  
Saudi Arabia ◽  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Islamic Law ◽  
Human Life ◽  
Criminal Code ◽  
Comparative Approach ◽  
Law System ◽  
The Right

The death penalty is one of old criminal type as the age of human life, and the most controversial crime in of all criminal systems, both in countries that adhere to the Common Law System and in countries that embrace Civil Law, Islamic Law and Socialist Law. There are two main thoughts about the death penalty, namely: first, those who want to keep it based on the force provisions, and second are those who wish to the abolition as a whole. Indonesia includes a country that still maintains capital punishment in a positive legal system. This paper aims to resolve problems of the death penalty concept concerning the controversy purpose of the death penalty and to analyze the regulations, procedures and philosophies regarding the death penalty in Indonesia, Saudi Arabia and China. This paper uses normative juridical research and the methods based on the doctrine and developed by the author. The approach used the legal approach, historical approach and comparative approach, then analyzed by the customary method.The result of the study shows that the death penalty can be seen from the philosophical aspects of Indonesian criminal law, as well as the philosophical aspects of Islamic and Chinese criminal law. So that everything can not be separated from the essential legal objectives, namely for the creation of justice. Death penalty in Islamic law turns out the concept of restorative justice specifically for the crime of deliberate killing (al-qatl al-'amd), which the execution highly depends on the victim’s family. The victim’s family, in this case, has the right to choose whether qisas (death penalty) or their apologize for the murder suspect, and diyat payment. While China in the implementation of death penalty applies the concept of rehabilitation, which in the execution of the death penalty is called a death penalty delay for two years and in its implementation, the defendant is given a job and control them. Whereas in Indonesia, capital punishment is a specific criminal offence and threatened with alternatives and is still a draft Criminal Code.

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.

Zakat and taxes in the Kingdom of Saudi Arabia

2021 ◽  
Vol 1 (2) ◽  
pp. 50-89
Author(s):  
Walaa Abazaid
Keyword(s):  
Saudi Arabia ◽  
Islamic Law ◽  
National Income ◽  
Kingdom Of Saudi Arabia ◽  
Tax System ◽  
Vision 2030 ◽  
Ministry Of Finance ◽  
The Government

Within the framework of Vision 2030, the Kingdom of Saudi Arabia strives to achieve good national income through an effective tax system. This tax system in the Kingdom of Saudi Arabia encompasses taxes that are inflicted by the government and zakat imposed by Islamic law. The tax and zakat system in the Kingdom of Saudi Arabia is supervised by the General Authority for Zakat and Income and operates under the authority of the Ministry of Finance, but the authorities responsible for looking into tax disputes still confront problems and difficulties during the performance of their work, especially in disputes related to sharia consulting. Since the importance of the tax and zakat fund in the Kingdom of Saudi Arabia is great and the relatively high imports it achieves, the aim of this research is to study the structure of the tax and zakat system and the mechanism of work of the bodies responsible for settling tax and zakat dispute by relying on literary reviews of previous researches and official publications allocated for the General Authority for Tax and Zakat, besides the laws correlated to the tax and zakat system in the Kingdom of Saudi Arabia. The research concluded that there are a set of weaknesses in the mechanism of work of the authorities and committees who are responsible for deciphering tax and zakat disputes, and a set of proposals have been proposed to improve the performance of these committees.

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