Adnan Al-Shabrawi
JEDDAH — Thirteen highly experienced judges look into murder cases in the Kingdom to ensure that the capital punishment that ensues is just beyond an iota of doubt or uncertainty, said Sheikh Turki Al-Qarni, a former criminal court judge and a legal adviser while emphasizing the country’s foolproof and exemplary judicial system .
Speaking to Okaz/Saudi Gazette, he said: “Three judges look into a murder case in the beginning and their verdict is verified by five senior judges with experience of nearly 25 years. Once they approve, the verdict is further crosschecked by five Supreme Court judges, having the position of an appeal court chief justice, the highest judicial position in the Kingdom.”
He said the Supreme Court has the right to reject death sentences based on its observations. “Once the verdict is endorsed by the Supreme Court it would be final and it is passed to higher authorities for implementation,” he explained.
Al-Qarni said the involvement of 13 highly experienced judges shows the judicial system’s keenness to protect the rights of the defendant and the victim’s kith and kin. “Not only for imposing death sentence but also for cutting the hand of a robber the same three stages of trial are required to ensure justice. You will not see a similar system anywhere else in the world,” he added.
Explaining the three types of death sentences such as qisas, taaziz and hadd, Al-Garni said many people mix them up because of lack of knowledge about Shariah laws. Qisas is applied on a murderer to give him an equal punishment. Hadd is a punishment fixed by Allah that cannot be abrogated once the conditions are fulfilled. In the case of taaziz, the Shariah has given the judge the power to decide punishment considering the gravity of the crime.
When a criminal kills a person, he is sentenced to death on the basis of qisas. If another individual commits an armed robbery or assassinates a person or causes corruption on the earth like a terrorist and takfiri who describes his opponents as infidels, he is sentenced to death on the basis of the haraba punishment specified by the Shariah.
“Indeed the penalty for those who wage war against Allah and His Messenger and strive upon earth to cause corruption is none but that they be killed or crucified or their hands and feet be cut off from opposite sides or that they be exiled from land. That shall be a disgrace for them in this world; and a great punishment (awaits them) in the hereafter. (Holy Qur’an 5:33). Prophet Muhammad (peace be upon him) has said while highlighting the value of a Muslim’s blood: “The disappearance of the world is less serious to Allah compared to the killing of a Muslim.” The Prophet (pbuh) also said in his famous farewell sermon at Mount Arafat: "Verily your blood and your property are as sacred and inviolable as the sacredness of this day of yours, in this month of yours, in this land of yours."
Al-Qarni said the Shariah prohibits killing of innocent and peace-loving people and imposes tough punishment on murderers. Explaining cases of implementing the punishment, he said when an armed man smuggles drugs into the Kingdom or joins a terror group, he will be sentenced to death on the basis of taaziz punishment.
If a person is sentenced to death on the basis of qisas only the victim’s kith and kin will have the right to pardon him, the legal expert said. On the other hand, the criminal who gets death sentence on the basis of taaziz, only the ruler can pardon him. But in the case of a person handed death on the basis of hadd punishment nobody is allowed to forgive him.
Al-Qarni also spoke about implementation of death sentence through shooting or beheading by sword. “There is no regulation that specifies that certain capital punishment should be carried out by shooting and others by sword. Scholars have different opinions on this issue. As long as it iss not mentioned by the Shariah, the matter shall be referred to the ruler to decide,” he said.
