The Basic Law, in 1992, declared that Saudi Arabia is a monarchy ruled by the progeny of King Abd Al Aziz Al Saud. It also declared the Qur'an as the constitution of the country, governed on the basis of Islamic law.
Criminal cases are tried under Sharia courts in the country. These courts exercise authority over the entire population. Cases involving small penalties are tried in Shari'a summary courts. More serious crimes are adjudicated in Shari'a courts of common pleas. Courts of appeal handle appeals from Shari'a courts.
Civil cases may also be tried under Sharia courts with one exception: Shia may try such cases in their own courts. Other civil proceedings, including those involving claims against the Government and enforcement of foreign judgments, are held before specialized administrative tribunals, such as the Commission for the Settlement of Labor Disputes and the Board of Grievances.
Main sources of Saudi law are Hanbali fiqh as set out in a number of specified scholarly treatises by authoritative jurists, other schools of law, state regulations and royal decrees (where these are relevant), and custom and practice.
The Saudi legal system prescribes capital punishment or corporal punishment, including amputations of hands and feet for certain crimes such as murder, robbery, rape, drug smuggling, homosexual activity, and adultery. Theft is also punishable by amputation of the hand, although it is rarely prescribed for a first offense. The courts may impose less severe punishments, such as floggings, for less serious crimes against public morality such as drunkenness. Murder, accidental death and bodily harm are open to punishment from the victim's family. Retribution may be sought in kind or through blood money. The blood money payable for a woman's accidental death, or that of a Christian male [16] is half as much as that for a Muslim male. All others (Hindus, Buddhists, and Sikhs) are valued at 1/16th. The main reason for this is that, according to Islamic law, men are expected to be providers for their families and therefore are expected to earn more money in their lifetimes. The blood money from a man would be expected to sustain his family, for at least a short time. Honor killings are also not punished as severely as murder. This generally stems from the fact that honor killings are within a family, and done to compensate for some 'dishonorable' act committed. Slavery was abolished in 1962. A lot of laws related to these carry harsh punishments such as floggings for entering the incorrect type of visa.
Saudi Arabia is also the only country in the world where women are banned from driving on public roads. Women may drive off-road and in private housing compounds — some of which extend to many square miles. The ban may be lifted soon, although with certain conditions.
The Government views its interpretation of Islamic law as its sole source of guidance on human rights. In 2000, the Government approved the October legislation, which the Government claimed would address some of its obligations under the Convention Against Torture or Other Cruel, Inhuman, or Degrading Treatment or Punishment. The freedom of women is seriously restricted inside Saudi Arabia. In addition to restrictions on driving, women are not allowed to travel without the permission of their closest male relative. This can result in women being restricted from travel by their sons or younger brothers. Women who are divorced are required to return to the home of their father and any travel must then be approved by him. This means that women of 30 or more years old cannot make independent decisions without the approval of male relatives.
"The state protects human rights in accordance with the Islamic Shari'ah."
– Basic Law, Chapter 5, Article 26.
The first independent human rights organization, the National Society for Human Rights was established in 2004. The Saudi Government is an active censor of Internet reception within its borders. A Saudi blogger, Fouad al-Farhan, was jailed for five months in solitary confinement in December, 2007, without charges, after criticizing Saudi religious, business and media figures.
No comments:
Post a Comment