Islamic Law In Saudi Arabia Sociology Essay

Islamic Law In Saudi Arabia Sociology Essay

Islamic law or Sharia termed Syariah in Malaysia refers to the sacred holy laws of the Islamic religion Sharia mingles with multiple fields addressed by secular law which may include economics crime and politics as well as personal matters such as hygiene and sexuality

Sharia mainly derives from two sources of which the 1st one would be the heavenly revelations in the Quran and the 2nd being examples and sayings laid down by Prophet Muhammad within the Sunnah In addition to the above mentioned sources secondary sources are also adopted One example of these secondary sources is the ijma of various prominent ulamas in the Islamic world

In regards of the topic at hand I shall explain how Islamic law is practiced in Saudi Arabia

Before I go into explaning how Sharia is practiced in Saudi Arabia I would like to point out that this essay will only touch on the developments and the ways in which Sharia is implemented in the Third State of Arabia also known as the current Saudi Arabia

Sharia was officially enforced in Saudi Arabia by the Basic Law in 1992

The Basic Law of Saudi Arabia is a charter written in Arabic which bears marking resemblance to a constitution It is divided into nine chapters and consists of 83 articles It is based on the Salafi school of understanding of Sharia and it does not bypass the fiqh

In Chapter 1 Article 1 of the said charter it is expressly written that The Kingdom of Saudi Arabia is a sovereign Arab Islamic state with Islam as its religion Allahs Book and the Sunnah of His Prophet Allahs prayers and peace be upon him are its constitution Arabic is its language and Riyadh is its capital

In Saudi Arabia criminal cases are tried under Sharia courts These courts exercise authority over the entire population In other words people who are not of Islamic faith are still subjected to the criminal laws of Saudi Arabia Cases which involve small penalties are adjudicated in Sharia Summary Courts whilst more serious crimes are tried in Sharia Courts of Common Pleas In events where either party finds the decision made was unsatisfactory the said party can also appeal through the Court of Appeal

For civil cases it could also be tried in Sharia Courts but with one exception Muslim of the Shia denomination may try such cases in their own courts Other civil proceedings such as those involving claims against the Saudi Arabia government and claims on the enforcement of foreign judgements are held before a special panel in certain specialized administrative tribunals such as the Board of Grieviences and Commission for The Settlement of Labor Disputes

In strict adherance to the Saudis sources of law the system prescribes corporal penalty or capital penalty which in the Sharia sense may include amputations of limbs for certain crimes such as homicide rape robbery drugs trafficking adultery and homosexualbisexual activities It is to note that petty theft is also punishable by the means of amputation of the hand although it is rare for firsttime offenders For less serious crimes such as drunkenness the courts may impose less severe punishments such as floggings

Under Saudi law when someone commits murder accidental death andor bodily harm the said person is open or subject to punishment from the victims family Retribution may also be and are usually sought through the method of blood money It is to note that the blood money being payable for causing a womans accidental death or that of a Christian male is only half as much as that for a Muslim male All the others men or women of different faiths and believes other than Islam are valued at 116th

The main reasoning for this according to the Sharia men are expected by right to be providers for their families and thus are expected and assumed to earn more fiscally in their lifetimes The blood money by a man would be expected to be enough to sustain his family for at least a short period of time

Honor killings are also not punished as severely

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