The Law Firm of Hazim Al Madani Attorneys and Legal Consultants

Decision No. (M/40), dated 24/06/1441 AH

  1. Based on the Royal Ordinance No. 25634, dated 20/04/1441 AH, and;

    After the General Assembly of the Supreme Court had given thoughtful consideration to

    the Ta’zir lash punishments and the consequences resulting therefrom; and after reviewing

    what Muslim scholars stated in respect of the Ta’zir lash punishments whose objective is

    to discipline, reform and deter, by whatever penalty or punishment through which evil

    deeds and morally bad behaviors could be abandoned and eradicated completely, and;

    Since penalty or punishment for offenses that fall under Ta’zir do vary over time and

    space, and since Muslim scholars, who agreed that the penalty imposed for offenses that

    fall under Ta’zir punishment is at the discretion of the Imam or the ruler pursuant to the

    Sharia rules and in different Ta’zir punishments, where there are other alternate penalties

    that could suffice the lash punishment to be opted for instead, and to maintain the public

    interest and welfare;

     

    Accordingly,

    The General Assembly of the Supreme Court, by majority, hereby decides:

    Regarding Ta’zir-related punishments that courts shall enforce by imposing jail sentence

    or fine, or with both penalties, and using any other alternative penalty, in pursuance of the

    regulations and decisions to be issued by the Imam or the ruler in this respect.

    God is the one who guides us for what is right, and peace and prayers be upon Prophet

    Muhammad, P BUH, on his kinsmen and companions.

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