Monday, November 28, 2011

This mixed system in the civil and criminal judges can create a crime to fit the facts is an urgent need for reform

most Western observers to understand that all legislation is derived from the Saudi religious law, Sharia. What we often fail to understand is that Sharia is not encrypted, but subject to individual interpretation by the clerks in each case.

What does this mean in practice? Sharia is the law applies only to criminal and personal status of the two tribunals, courts and summary courts - with the agreement of serious crimes and civil conflicts in large amounts. No coding or system of priority, each judge is free to interpret the Quran and prophetic traditions - the two sources of sharia deal - if they see fit, in general, the Islamic legal doctrines. With the exception of a half dozen crimes defined, Saudi judges characterization of a crime to fit the facts rather than to assess whether the facts of a crime as defined.

The arbitrary nature of justice extends to Saudi civil conflict. As Medieval Europe, Saudi Arabia maintains a mixed civil and criminal cases in the other that the prosecutor may apply to the criminal sanction, such as imprisonment for debt.

Saudi Sharia interpretations for particular legal doctrines such as the criminalization of acts to protect the common good,

al-al-masalih Mursal

or the prohibition of practices to prevent corruption,

dir 'al-Fasad

. This argument is used, in particular, women's rights, including the conduct, which, according to this doctrine, if necessary, putting women on a slippery slope of immorality.

Saudi judges often condemn those who are committed to promoting peaceful wave loads beyond the reach of obedience

Otherwise considered a terrorism trial, a special court to try more than a dozen people known for their political reform efforts, including former judges and lawyers, on charges of "termination the hand of obedience "to the sovereign and the cancellation of their allegiance to him. Mikhlif al-Shammari was in prison since June 2010 while awaiting trial in a court of state security in its articles critical of an institution of religious intolerance and corrupt officials. The charge is "disturbing others."



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