For the first time, Saudi Arabia will have a written criminal code. The 116-page document, meant to remain confidential, was leaked to the public and seen by two legal firms and a member of the Bar Association. Its validity was certified by Saudi legal experts. The Quran and Sunnah (traditions and customs based on the biography of the Prophet Muhammad) serve as the country’s constitution and are recognized as the official religion of Islam, according to the 1992 Basic Law of Governance. The Hanbali school of Sunni Islamic jurisprudence’s interpretation of the sharia serves as the foundation for most of the legal system. The legislation does not guarantee religious freedom. Anybody who challenges, either directly or indirectly, the religion or justice of the King or Crown Prince is breaking the law.
Saudi Arabia’s introduction of a new penal code
Judges in Saudi Arabia presently define crimes and apply punishment based on their interpretation of Islamic law (sharia) and case law because the country does not have a criminal code. These procedures give judges broad latitude and provide ambiguous definitions of crimes and penalties. In contravention of international law, Saudi Arabia’s draft Penal Code establishes the death penalty as the principal punishment for a number of crimes, including rape, murder, and nonviolent acts like blasphemy and apostasy. The proposed legislation establishes the age of criminal responsibility at the startlingly young age of seven years old and permits the execution of juvenile criminals for specific offenses. The minimal age of criminal responsibility should not be lower than twelve years old, according to the Committee on the Rights of the Child, to which Saudi Arabia is a state party.
Implications for human rights
The 116 pages in the draft contain harsh measures against dissent, including the vague criminalization of insults, slander, and criticism of the legal system, all of which run the danger of inciting more abuses of people’s rights. Additionally, “indecent” behavior, “imitation” of another sex through attire and appearance, and “illegitimate” consenting sexual encounters between persons of the same sex are also illegal under the draft. The 41 men’s funerals were outlawed and their remains were not given to their relatives by the authorities. In addition, the government pursued the death sentence against additional Shia suspects whose trials were pending or had not yet begun on offenses ranging from terrorism to demonstration participation. For a number of reasons, the government persisted in locking up or detaining Sunni, Shia, and other clergy. Any non-Islamic religion’s public practice remained outlawed by the government.
International scrutiny
While public displays of non-Islamic religious symbols and private, non-Islamic religious gatherings were tolerated in practice, religious practitioners who disagreed with the state-sponsored version of Sunni Islam continued to face detention, harassment, and, for non-citizens, deportation. In Qatif, the Shia capital of the country, public celebrations of Ashura and other Shia festivals were allowed by the authorities. The government permitted processions and gatherings to go on with more coordination between the Shia community and authorities, according to members of the community.
The commemoration of Ashura was characterized by better relations between the Shia and other communities as well as public appeals for tolerance. The Saudi Arabian government has imposed significant restrictions on the right to free speech. They have targeted a wide range of dissident voices, including journalists, clerics, and human rights campaigners, and they have imprisoned, exiled, or released on conditional terms that include travel restrictions. Provisions against cybercrime and counterterrorism have been used by the government to stifle free speech and independent ideas. Salma al-Shehab, a mother of two and PhD candidate, is currently serving 27 years in prison for advocating for women’s rights on X in one horrific case.
Challenges Ahead
Saudi Arabian women and girls have long endured widespread discrimination in both law and practice, as well as insufficient domestic laws protecting them from gender-based violence. It is concerning that the draft law forbids the criminal prosecution of anyone who carries out crimes against “honor,” such as assault or homicide. This new clause would blatantly violate international law by granting perpetrators protection. Crown Prince Muhammad bin Salman has presided over a frightening increase in executions, including one of the worst mass killings in recent memory that involved 81 individuals, despite his vows to restrict the death penalty to the most serious offenses as defined by sharia.
Conclusion
In conclusion, One of the primary penalties is still the death sentence. It is envisaged for “crimes” like blasphemy and apostasy in addition to murder and rape. The age of criminal culpability is established at seven years old, and there is no law prohibiting the execution of juveniles at the time of the offense. Physical penalties like whippings and hand amputations are also anticipated for theft and adultery.