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Judicial System

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<strong>Judicial</strong> <strong>System</strong> in Saudi Arabia<br />

responsibility over his family. On the contrary, punishment<br />

under Sharia tends to open new horizons to inflict pain on<br />

the offender with avoidance of imprisonment whenever such<br />

is possible.<br />

Conclusion: Sharia criminalizes certain acts in protection<br />

of the five major elements of life, namely, religion, the<br />

human being, the mind (reason), honor and property for<br />

the better interests of individuals and communities, and<br />

sets punishments for that as well as preventive measures to<br />

prevent crime. These include statement and declaration of<br />

Sharia provisions, courts to decide rights, instilling virtue<br />

and protecting morals, pedagogy of conscience, promotion<br />

of virtue and prevention of vice, education and souls refining,<br />

eschatological penalty, repentance for sins and punishment<br />

for sins.<br />

Sharia has set controls over punishment that differentiate<br />

between certain/ fixed crimes for which certain punishments<br />

have been provided and variable/ changing situations where<br />

judges have been given room to exert discretion as to the<br />

appropriate punishment to be applied; so to speak, there is<br />

proportionality between each crime and the nature of the<br />

attached punishment.<br />

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