Restorative Justice of Dispute Cases in Saudi

Arabia

Dr. SALEH DABILAssociate Professor

King Fahad Security College,

Riyadh, Saudi Arabia

Ryder Room A /Session No. 1

• Shari’a is the basic for the law in Saudi Arabia.• Shari’a is the moral code and religious law of

Islam. • Sharia is derived from two primary sources of

Islamic law: the Quran, and the example set by the prophet Muhammad(pbuh) in the Sunnah.

INTRODUCTION

Restorative Justice in the Qur’an

If you stretch your hand against me, to slay me, it is not for me to stretch my hand against thee: for I do fear Allah, God of the Universe.” (al-Maidah: 28)

“The recompense for an injury is an injury equal thereto (in degree); but if a person forgives and makes reconciliation, his reward is due from Allah.” (al-Shura:40)

Qur’an presents a range of retaliatory/punitive, compensatory and reconciliatory measures from which to choose, and often suggests: relying on restorative principles such as: Complete Forgiveness: requires victim to forgive before death

All other cases require :Diyya – offender agrees to monetary

payment to victimSolh – negotiated reconciliation

Restorative Justice in Sunnah

• One whose neighbors cannot feel safe from mischief is not a good believer … and will not enter Paradise.

• The Prophet(pbuh) said, “By the One [God] in whose hands is my soul! A servant does not believe until he/she loves for others what he/she loves for himself/herself.”

• The Medina Charter as an Evidence of the Prophet’s Preference for Reconciliatory measures: It favored achieving justice through communal action based on law, not military action

• /

• The Medina Charter : It views conflict as a communal, not individual, matter so solution is a communal matter also

• Articles 19, 21, 22, 40 explicitly establish communal laws for the city of Medina and state the ability to seek justice is a communal right

• Individuals cannot aid perpetrators, but they also cannot punish them; it must be a communal matter

• The judicial system is founded upon the sharia, particularly Sunni Islam, in accordance with a ruling by King Abd al Aziz in 1926.

• If there is no guidance in Shari’a texts, however, Saudi jurists could refer to other schools or exercise their own reasoning.

Other options

• Saudi Arabia's judicial code stipulated that specialized courts may be established by royal decree to deal with infractions of government regulations not covered by the sharia.

• The government issues such decrees from time to time as and when needed.

• Special courts can be established according to the nature of the crime.

• The shari’a and the royal decrees place equal emphasis on pardon and repentance.

• They also work for the promotion of virtue and prevention of vice.

Royal Decree

• Fighting between two parties over anything such as: properties, business, relationships., etc.

• The dispute could be verbal, physical or any thing leading to confrontation.

• It is hypothesized that restorative justice practice is the effective way to provoke disputes

Dispute cases

Fighting with police controlThis is an official procedure which can be replaced with restorative justice

Scenario of RJ for real dispute case in Riyadh Province, Saudi Arabia

Phase I: Starting point

• Dispute over marriage proposed by Zaid Salem Nasser, it was rejected by Zaid’s uncle : Mubark Nasser.

• The mentioned reason for rejection is that the daughter is given to other person out of the clan.

• Zaid family angry about this, as Zaid is the one who got the priority to marry the girl, as he is the close of kin.

• The dispute erupted between the two families of the same clan.

• The dispute took the forms of talking bad against each other.

• The bad talk reach each other in different occasions.

• Fighting between the sons of each family occurred many times in different places, such as, schools, markets, gathering and through messages and social media.

Phase 2: Response

• Zaid’s brother Rashed fought Jameel Mubark Nasser in the street, and both got some injuries. No report to the police as this is between relatives and they feel it is weakness to report the case.

• One more fighting occurred between the members of both families with some injuries but not reported for the previous reasons.

• With the continuation of these disputes the case was reported to the police.

• Typical police response was done. the police release both parties after giving the warning and signing a paper.

Phase 3: The need of RJ conferencing

• The police response did not stop the continuous disputes between the parties.

• Police suggested to refer the case to restorative justice practitioners.

• The specialists made their plan.

• Sociologists, social workers, psychologists, police and the governor representatives held their first meeting.

• The conferencing was set for members of the both families. Fathers, all sons of two families as well as the preparation to call the daughter of Mubark if needed

• .• Both parties agree to have this conferencing to

combat the dispute between them as one clan.

Phase 4: RJ conferencing

• RJ practitioners held two meeting with both parties in the house of the two.

• Each group asked to talk about what make them angry and what they want.

• The practitioners suggest solutions with the help of each other.

• They found out that they heard untrue story about Zaid which make Salma refuse to marry Zaid.

• Both parties agreed to accept for Zaid to marry Salma the daughter of Mubark.

• The father of Salma call her to explain the truth about Zaid then she agreed to marry him. She replied positive to her father saying yes father any thing you ask.

• Then all agree about the ending and apologize for what happen.

• Governor representative promise to pay the Dowry (pay for marriage) as a gift and promise to pay for the marriage party.

Family tree

NASSER

MUBARK

YAHYA JAMEEL

SALEM

RASHED

ZAID SALMA

• Police did not suggest referring the case to restorative justice practitioners.

• No RJ conferencing was held

• The disputes between the parties were continued.

• Some days later Rashed Salem killed Jameel Mubark and injured Rashed’s brother Yahya and two of their friends in their house.

• Now the case under the investigation in Riyadh district.

Real unfortunate ending

BY THE WELL OF ALLAH IF RJ WAS CONDUCTED

THE KILLING MAY NOT occur

Thank you for listening