Moral Penalties in Criminal Cases and their Applications in Criminal Courts in the Kingdom of Saudi Arabia

Abstract

Abstract:
This study addresses the subject of moral penalties in criminal cases and their applications in criminal courts in the Kingdom of Saudi Arabia, highlighting their significance and profound impact on convicted individuals. The study begins with an introduction, followed by a definition of moral sanctions, clarifying that these are penalties affecting the honor and standing of the offender, such as public defamation or deprivation of certain rights. It also explores the jurisprudential foundations of moral sanctions in Islamic jurisprudence, demonstrating that they fall under the category of taʿzīr (discretionary punishments), with their determination left to the judge’s discretion based on the gravity of the offense. The study then elucidates the implementation of these sanctions within the Saudi criminal justice system, emphasizing statutory provisions that recognize defamation and deprivation of rights as forms of discretionary punishments. Furthermore, Reviewing several judicial cases in which moral sanctions were applied, the study concludes by underscoring the importance of moral sanctions as a means of deterrence and reform, advocating for their broader implementation to achieve public deterrence and reduce crime rates.