Sharia Penalties and Ways of Their Implementation in the Kingdom of Saudi Arabia, First - Retaliation Penalty 'Kisas' - Blood Money 'Diya' Expiation 'Kaffara' (From Effect of Islamic Legislation on Crime Prevention in Saudi Arabia - Proceedings, P 347-400, 1976 - See NCJ-87248)

• NCJ Number: 87254
• Author(s): M II Al-Hewesh
• Date Published: 1980
• Length: 53 pages
• Sale Source: Saudi Arabia Ministry of Interior
• Language: English

Annotation

Capital punishment (Kisas), 'blood money' (Diya), and expiation (Kaffara) are discussed as punishment for various types of murder in Saudi Arabia.

Abstract

Premediated murder in Saudi Arabia must have the following prerequisites: (1) an objective for the crime, (2) an instrument to commit the crime, and (3) criminal intent. To be criminally responsible, the offender must be a sane adult and not the victim's father. Murder by error occurs when criminal intent is absent, and the killing is deemed quasi-deliberate when an instrument is not used to do the killing. Capital punishment is prescribed for premeditated murder so as to implement the justice demanded in the Sharia. A sword or rifle is used for executions. Every sentence of capital punishment is reviewed up to the King before the execution is implemented. Where a murder is quasi-deliberate or by error, blood money is prescribed. This involves the offender paying the victim something of value, namely, a certain number of camels supplemented by gold or silver. Expiation (Kaffara) is prescribed as an opportunity for the Muslim offender who murders in error to purify himself. It is a punishment imposed to bring the Muslim back to God. It consists of the freeing of a believing slave, or if this is beyond an offender's means, a fast for two consecutive months is prescribed.