Saudi Arabia Eases Sharia Punishment Policies

By: Nathan Matsko

A Saudi man speaks at a conference. Photo by Global Entrepreneurship Network

State College — In a surprising move, Saudi Arabia has begun to ease its policies regarding executions and corporal punishment prescibed by the country’s Shari’a law based legal system.

Shari’a’s two most important sources for legal standards are the Qur’an and the Hadith, which are stories and lessons from the life of the Prophet Muhammad. These documents serve as an example to follow for Muslims, as well as a vital form of jurisprudence for countries where Shari’a is practiced. Though this makes for rigid standards and leaves little room for change, punishments for certain crimes that are not prescribed in either source are decided by Saudi judges and theocratic officials.

The Kingdom’s supreme court has moved to abolish the practice of flogging—a form of flagellation usually carried out with a cane or stick. The punishment has been doled out in the country for a wide variety of charges, including suspected homosexual sex or extra-marital relations.

Saudi Arabia’s harsh punitive policies have seen widespread condemnation from foreign nations and human rights organizations, with some observers believing that the Kingdom halted the practice due to said outrage.

One case in particular which saw worldwide denunciation was that of Saudi blogger Raif Badawi. Badawi was arrested in 2012 by Saudi officials after setting up a website, Free Saudi Liberals, which hosted a number of opinions and posts critical of the Kingdom and for apparent apostasy.

After multiple increases to his sentence, Badawi’s sentence was set at ten years in prison and 1000 lashes. His first 50 lashes were carried out publicly in 2015, which spawned a massive protest movement outside of Saudi embassies across the world. 

Since the first set of lashes, Badawi has been kept in a state of isolation by the Kingdom. While it seems he will not have to endure 950 more lashes, concerns have been raised by his wife regarding his health in prison.

While flogging may be one of the most controversial parts of the Saudi legal code, it is not the only one that the country has moved to address. In another shift in policy, the Kingdom will no longer execute those convicted of committing crimes as minors. The country’s preferred methods of execution are public crucifixions and beheadings. 

This change is accompanied by yet another set of controversies that sparked global outrage. Last year, Saudi Arabia carried out a wave of executions that put 37 people to death.

One of the convicted, Abdulkareem Al-Hawaj, had been arrested and charged for participating in Arab Spring protests at age 16. A number of those killed, including Al-Hawaj, were Shi’a Muslims hailing from the Kingdom’s Shi’a-majority Eastern Province.

Saudi Arabia, being majority Sunni as well as the cradle of Sunni Islam itself, was accused of using these charges as an excuse to put down dissident members of the minority sect. The Kingdom faced a similar charge in the opening days of 2016, after executing prominent Shi’a cleric Nimr Al-Nimr for alleged terrorist activity. The execution led to violent protests in Shi’a majority Iran, resulting in the torching of the Saudi embassy by demonstrators and the severance of diplomatic relations between the two nations.

The movement away from extreme punishments like these were allegedly approved by Crown Prince Mohammed Bin Salman. The recent measures are just one of several that have been overseen by the crown prince.

In 2017, women were legally allowed to drive in Saudi Arabia, though female activists who had been advocating for the measure and were arrested prior remain imprisoned.

Whether it is a genuine shift towards a more liberal Saudi Arabia or an attempt to appease outspoken critics is still debated. Though some observers are quick to point out the myriad of other controversial issues in the Saudi legal system, as well as the considerable number of executions the country still carries out annually, others are hopeful that this is only the first change of many.