Transcript Document

Ryder Room A /Session No. 1
Dr. SALEH DABIL
Associate Professor
King Fahad Security College,
Riyadh, Saudi Arabia
Restorative Justice of Dispute
Cases in Saudi Arabia
INTRODUCTION
• 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.
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 victim
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
•
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• 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
Other options
• 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.
Royal Decree
• 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.
Dispute cases
• 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
Fighting with police control
This 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
SALMA
YAHYA
JAMEEL
SALEM
ZAID
RASHED
Real unfortunate ending
• 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.
BY THE WELL OF ALLAH
IF RJ WAS CONDUCTED
THE KILLING
MAY NOT occur
Thank you for listening