Discretionary Punishment Legislation and its Impact on Saudi Legal System and Islamic Jurisprudence

Abstract

This study aims to demonstrate the integration of Islamic Sharia by establishing laws and penalties that safeguard society, ensure security, and administer justice, highlighting an important issue in role of the judicial function to ensure justice among the accused. The study consists of four sections. The first section, subdivided into three subsections, focuses on the regulation of discretionary punishment, defining regulation and its ruling among jurists. The second section, in three sub-sections, discusses the supervision of discretionary punishment execution in the Kingdom of Saudi Arabia. The third section, comprising four sub-sections, deals with documenting prior criminal records, outlining its conditions and purpose, and consequences. The fourth sections, sub-divided into four subsections, examines rehabilitation after implementation, detailing the process, conditions, and four demands. The findings revealed that legislation was defined as the formulation of binding legal judgments, obliging judges to rule accordingly. Senior jurisprudence scholars differed in their opinions on the ruling of regulating legal judgments, cited with evidence in the study. Preconditions specified by the Saudi Cabinet decision were required for the convicted individual rehabilitation.