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==Capital crimes==
==Capital crimes==
[[File:Dira Square.JPG|thumb|left|[[Deera Square]], central Riyadh. Known locally as "Chop-chop square", it is the location of public beheadings.<ref>{{cite web |url=http://www.cbsnews.com/stories/2004/05/06/60minutes/main615986.shtml |title=Saudi Justice? |date=5 December 2007 |publisher=CBS News |accessdate=18 July 2011}}</ref>]]
[[File:Dira Square.JPG|250px|thumb|right|[[Deera Square]], central Riyadh. Known locally as "Chop-chop square", it is the location of public beheadings.<ref>{{cite web |url=http://www.cbsnews.com/stories/2004/05/06/60minutes/main615986.shtml |title=Saudi Justice? |date=5 December 2007 |publisher=CBS News |accessdate=18 July 2011}}</ref>]]


===Sharia background===
===Sharia background===
Saudi justice can impose the death penalty under the three categories of criminal offence in [[Sharia]]:<ref name= Otto166>
The Saudi judiciary can impose the death penalty according to three categories of criminal offence in [[Sharia law]]:<ref name= Otto166>
{{cite book |title=Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present |last=Otto |first=Jan Michiel |coauthors= |year=2010 |isbn=978-90-8728-057-4 |page=166}}
{{cite book |title=Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present |last=Otto |first=Jan Michiel |coauthors= |year=2010 |isbn=978-90-8728-057-4 |page=166}}
</ref>
</ref>


:::::::::::::*[[Hudud]]: fixed Quranic punishments for specific crimes.<ref name= Otto166/> Hudud crimes which can result in the death penalty include apostasy, adultery, and sodomy.<ref>{{cite book |title=Comparative Criminal Justice Systems |last=Dammer, |first=Harry R. |coauthors=Albanese, Jay S. |year=2010 |isbn=978-0-495-80989-0 |page=56}}</ref>
*[[Hudud]]: Fixed Quranic punishments for specific crimes.<ref name= Otto166/> Hudud crimes which can result in the death penalty include apostasy, adultery, and sodomy.<ref>{{cite book |title=Comparative Criminal Justice Systems |last=Dammer, |first=Harry R. |coauthors=Albanese, Jay S. |year=2010 |isbn=978-0-495-80989-0 |page=56}}</ref>


:::::::::::::*[[Qisas]]: ''eye-for-an-eye'' retaliatory punishments.<ref name= Otto166/> Qisas crimes include murder.<ref name= Otto166/> Families of someone murdered can choose between demanding the death penalty or granting clemency in return for a payment of [[diyya]], or blood money, by the perpetrator.<ref name= washingtonpost>{{cite news |title=Saudis Face Soaring Blood-Money Sums |url=http://www.washingtonpost.com/wp-dyn/content/article/2008/07/26/AR2008072601785.html |newspaper=The Washington Post |date=27 July 2008 |accessdate=11 July 2011}}</ref>
*[[Qisas]]: ''Eye-for-an-eye'' retaliatory punishments.<ref name= Otto166/> Qisas crimes include murder.<ref name= Otto166/> Families of someone murdered can choose between demanding the death penalty or granting clemency in return for a payment of [[diyya]], or blood money, by the perpetrator.<ref name= washingtonpost>{{cite news |title=Saudis Face Soaring Blood-Money Sums |url=http://www.washingtonpost.com/wp-dyn/content/article/2008/07/26/AR2008072601785.html |newspaper=The Washington Post |date=27 July 2008 |accessdate=11 July 2011}}</ref> A trend has developed of exorbitant blood-money demands: a recent report mentions a sum of $11 million demanded in exchange for clemency.<ref name= washingtonpost/>
A trend has developed of exorbitant blood-money demands: a recent report mentions a sum of $11 million demanded in exchange for clemency.<ref name= washingtonpost/>


:::::::::::::*[[Tazir]]: a general category, including crimes defined by national regulations, some of which can be punished by death, such as drug trafficking.<ref name= Otto166/>
*[[Tazir]]: A general category, including crimes defined by national regulations, some of which can be punished by death, such as drug trafficking.<ref name= Otto166/>


A conviction requires proof in one of three ways:<ref name= Kritzer>
A conviction requires proof in one of three ways:<ref name= Kritzer>{{cite book |title=Legal Systems of the World: A Political, Social, and Cultural Encyclopedia |last=Kritzer |first=Herbert M. |year=2002 |isbn=978-1-57607-231-8 |page=1415 }}</ref>
{{cite book |title=Legal Systems of the World: A Political, Social, and Cultural Encyclopedia |last=Kritzer |first=Herbert M. |year=2002 |isbn=978-1-57607-231-8 |page=1415 }}</ref>


# an uncoerced confession<ref name= Kritzer/>
# An uncoerced confession.<ref name= Kritzer/>
# the testimony of two male witnesses can convict,<ref name= Kritzer/> except in the case of a hudud crime, in which case a confession is also required<ref name= Kritzer/>
# The testimony of two male witnesses can result in conviction. This excludes "hudud crimes", in which case a confession is also required.<ref name= Kritzer/>
# an affirmation or denial by oath can be required<ref name= Kritzer/>
# An affirmation or denial by oath can be required.<ref name= Kritzer/>


Giving an oath is taken particularly seriously in a religious society such as Saudi Arabia's,<ref name= Kritzer/> and a refusal to take an oath will be taken as an admission of guilt resulting in conviction.<ref>
Giving an oath is taken particularly seriously in a religious society such as Saudi Arabia's,<ref name= Kritzer/> and a refusal to take an oath will be taken as an admission of guilt resulting in conviction.<ref>{{cite book |title=King Faisal and the modernisation of Saudi Arabia | last=Beling | first=Willard A. | year=1980 | isbn=0-7099-0137-2 | page=117}}</ref>
{{cite book |title=King Faisal and the modernisation of Saudi Arabia | last=Beling | first=Willard A. | year=1980 | isbn=0-7099-0137-2 | page=117}}</ref>


===List of crimes===
===List of crimes===
Saudi law allows the death penalty for many crimes. For example:
Saudi law allows the death penalty for many crimes. For example:
{{div col|3}}
{{div col|3}}
* [[Adultery]] (if the adulterer is unmarried then he receives 100 lashes. If he is married, then stoning to death which is called Rajm)
* [[Adultery]] (Unmarried adulterers can be sentenced to 100 lashes, married ones can be sentenced to stoning.)
* [[Apostasy]] (the apostate is however given three days to repent and return to Islam. If he does not return then he is beheaded)
* [[Apostasy]] (Apostates are sentenced to beheading but are usually given three days to repent and return to Islam.)
* [[Armed robbery]]
* [[Armed robbery]]
* [[Blasphemy]]
* [[Blasphemy]]
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* [[Drug smuggling]]
* [[Drug smuggling]]
* [[Fornication]]
* [[Fornication]]
* [[Home Invasion]]
* [[Home invasion]]
* [[Homosexuality]] (If the person who is sodomized by his or her own consent, then death penalty is also applied on him/her)
* [[Homosexuality]] (If a person is sodomized by his or her own consent, then he/she might also be sentenced to death)
* [[Idolatry]]
* [[Idolatry]]
* [[Murder]]
* [[Murder]]
Line 61: Line 58:
* [[Theft]] (fourth conviction)
* [[Theft]] (fourth conviction)
* [[Treason]]
* [[Treason]]
* Waging War on [[Allah]]
* Waging war on [[God in Islam|God]]
* [[Witchcraft]]
* [[Witchcraft]]
{{div col end}}
{{div col end}}

Revision as of 18:40, 29 October 2012

Saudi Arabia is one of the leading countries with use of the capital punishment and number of executions worldwide. In 2010, there were 26 reported executions in the country.[1]

Methods and scope

Saudi Arabia has a criminal justice system based on a hardline and literal form of Sharia law due to Islam being the official state religion.

The death penalty can be imposed for a wide range of offences[2] including murder, rape,false prophecy, armed robbery, repeated drug use, apostasy,[3] adultery,[4] witchcraft and sorcery[5] and can be carried out by beheading with a sword, or more rarely by firing squad, and sometimes by stoning.

The 345 reported executions between 2007 and 2010 were all carried out by public beheading.[6] The last reported execution for sorcery took place in 2012.[7] There were no reports of stoning between 2007 and 2010,[6] but between 1981 and 1992 there were four cases of execution by stoning reported.[8]

Crucifixion of the beheaded body is sometimes ordered.[5] For example, in 2009, the Saudi Gazette reported that "An Abha court has sentenced the leader of an armed gang to death and three-day crucifixion (public displaying of the beheaded body) and six other gang members to beheading for their role in jewelry store robberies in Asir."[9] (This practice resembles gibbeting, in which the entire body is displayed).

In 2003, Muhammad Saad al-Beshi, whom the BBC described as "Saudi Arabia's leading executioner", gave a rare interview to Arab News.[3] He described his first execution in 1998: "The criminal was tied and blindfolded. With one stroke of the sword I severed his head. It rolled metres away...People are amazed how fast [the sword] can separate the head from the body."[3] He also said that before an execution he visits the victim's family to seek forgiveness for the criminal, which can lead to the criminal's life being spared.[3] Once an execution goes ahead, his only conversation with the prisoner is to tell him or her to recite the Muslim declaration of belief, the Shahada.[3] "When they get to the execution square, their strength drains away. Then I read the execution order, and at a signal I cut the prisoner's head off," he said.[3]

Capital crimes

Deera Square, central Riyadh. Known locally as "Chop-chop square", it is the location of public beheadings.[10]

Sharia background

The Saudi judiciary can impose the death penalty according to three categories of criminal offence in Sharia law:[11]

  • Hudud: Fixed Quranic punishments for specific crimes.[11] Hudud crimes which can result in the death penalty include apostasy, adultery, and sodomy.[12]
  • Qisas: Eye-for-an-eye retaliatory punishments.[11] Qisas crimes include murder.[11] Families of someone murdered can choose between demanding the death penalty or granting clemency in return for a payment of diyya, or blood money, by the perpetrator.[13] A trend has developed of exorbitant blood-money demands: a recent report mentions a sum of $11 million demanded in exchange for clemency.[13]
  • Tazir: A general category, including crimes defined by national regulations, some of which can be punished by death, such as drug trafficking.[11]

A conviction requires proof in one of three ways:[14]

  1. An uncoerced confession.[14]
  2. The testimony of two male witnesses can result in conviction. This excludes "hudud crimes", in which case a confession is also required.[14]
  3. An affirmation or denial by oath can be required.[14]

Giving an oath is taken particularly seriously in a religious society such as Saudi Arabia's,[14] and a refusal to take an oath will be taken as an admission of guilt resulting in conviction.[15]

List of crimes

Saudi law allows the death penalty for many crimes. For example:

References

  1. ^ "2010 Human Rights Report: Saudi Arabia". U.S. State Department. 8 April 2011. Retrieved 11 July 2011.
  2. ^ "Saudi system condemned". The Guardian. 9 August 2003. Retrieved 27 July 2011.
  3. ^ a b c d e f "Saudi executioner tells all". BBC News. 5 June 2003. Retrieved 11 July 2011.
  4. ^ Federal Research Division (2004). Saudi Arabia A Country Study. p. 304. ISBN 978-1-4191-4621-3.
  5. ^ a b Miethe, Terance D. (2004). Punishment: a comparative historical perspective. p. 63. ISBN 978-0-521-60516-8. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  6. ^ a b U.S. State Department Annual Human Rights Reports for Saudi Arabia 2007-2010: "2010 Human Rights Report: Saudi Arabia". U.S. State Department. 8 April 2011. Retrieved 11 July 2011.; "2009 Human Rights Report: Saudi Arabia". U.S. State Department. 11 March 2010. Retrieved 11 July 2011.; "2008 Human Rights Report: Saudi Arabia". U.S. State Department. 25 February 2009. Retrieved 11 July 2011.; "2007 Human Rights Report: Saudi Arabia". U.S. State Department. 11 March 2008. Retrieved 11 July 2011.
  7. ^ "Saudi man executed for 'witchcraft and sorcery'". BBC News. 19 June 2012. Retrieved 19 June 2012.
  8. ^ Vogel, Frank E. (1999). Islamic law and legal system: studies of Saudi Arabia. p. 246. ISBN 978-90-04-11062-5.
  9. ^ "Death, crucifixion, for jewelry gang". The Saudi Gazette. 5 Aug 2009. Retrieved 8 August 2011.
  10. ^ "Saudi Justice?". CBS News. 5 December 2007. Retrieved 18 July 2011.
  11. ^ a b c d e Otto, Jan Michiel (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. p. 166. ISBN 978-90-8728-057-4. {{cite book}}: Cite has empty unknown parameter: |coauthors= (help)
  12. ^ Dammer,, Harry R. (2010). Comparative Criminal Justice Systems. p. 56. ISBN 978-0-495-80989-0. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)CS1 maint: extra punctuation (link)
  13. ^ a b "Saudis Face Soaring Blood-Money Sums". The Washington Post. 27 July 2008. Retrieved 11 July 2011.
  14. ^ a b c d e Kritzer, Herbert M. (2002). Legal Systems of the World: A Political, Social, and Cultural Encyclopedia. p. 1415. ISBN 978-1-57607-231-8.
  15. ^ Beling, Willard A. (1980). King Faisal and the modernisation of Saudi Arabia. p. 117. ISBN 0-7099-0137-2.
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