The Law Firm of Hazim Al Madani Attorneys and Legal Consultants
Decision No. (M/40), dated 24/06/1441 AH
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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