Umm Al-Qura University
Under the patronage of His Royal Highness the Advisor of the Custodian of the Two Holy Mosques and the Emir of Makkah Region, Prince Khalid Al-Faisal, the "Alternative Sanctions Workshop" was launched today, 15 Jumada Al-Thani 1440 A.H. It was organized by the Deanship of Scientific Research at Umm Al-Qura University, in cooperation with the Social Development Committee at the Council of Makkah Region, which is part of the Emirate of Makkah. The workshop will be held from 15-16 Jumada Al-Thani 1440 A.H. at King Abdul-Aziz Historical Hall in the University City at Al-Abdiyyah.
His Excellency Prof. Abdullah bin Omar Bafail, President of UQU University, pointed out that the university has three missions assigned to it. The first is the mission of education, the second is the mission of scientific research, and the third is the one in question today, which is its mission of community service and participation through its research centers and scientific expertise, in formulating the general frameworks that serve the national interest and benefit individuals, families, and society.
His Excellency added that Umm Al-Qura University seeks to implement its strategic vision in accordance with the National Transformation Plan 2020 and Saudi Vision 2030. This vision aims to employ scientific research and focus on converting academic university outcomes of research and studies into projects that achieve the development goals and serve the public interest.
He also stated, "The idea of holding the Alternative Sanctions Workshop originated from the wish of the Social Development Committee at the Emirate of the Makkah Region to contribute to addressing urgent social issues that require the participation of the relevant authorities and institutions. The purpose of this engagement is to investigate social issues on a scientific basis through studies that deal with societal issues according to legal, social, and psychological frameworks. The workshop also addresses the positive outcome of alternative sanctions and the factors that may prevent their applications. International experiments in the application of alternative sanctions should also be taken into consideration, as well as field experience gained to achieve the goal of the social security of the individual and the welfare and happiness of the citizen to make him a contributing factor to the development of his country and a genuine and active partner in it.
His Excellency expressed his gratitude for the support of His Royal Highness, Prince Khalid Al-Faisal, the Advisor to the Custodian of Two Holy Mosques, the Emir of Makkah, noting the continuous support of His Excellency Dr. Hamad Al Sheikh, Minister of Education, for the scientific research process.
The workshop included four themes: the concept of alternative sanctions and their legal evidence according to the Shari`ah, social and psychological intervention and its role in activating alternative sanctions, judicial applications and the models proposed for alternative sanctions, and international experiments in executing alternative sanctions and their relation to Saudi Vision 2030. Four ministries took part in this workshop: the Ministry of Interior, the Ministry of Justice, the Ministry of Education (Umm Al-Qura University), and the Ministry of Labor and Social Development. The Department of Public Prosecution, the General Directorate of Prisons, Naif Arab University for Security Sciences, and several academic members from a number of Saudi universities also took part. The aim of the workshop was to gather all relevant bodies to exchange views and expertise in this field and come up with suggestions for the execution of alternative sanctions. It also sought to conduct research projects to study alternative sanctions and their effects, and propose national initiatives that can promote such a concept.
His Excellency Dr. Muhammad Al-Uqla, former President of the Islamic University, headed the opening session in which the Advisor to the Custodian of the Two Holy Mosques, His Royal Highness Prince Abdulaziz bin Sattam bin Abdulaziz, delivered a speech on social and psychological intervention and its role in activating alternative sanctions, and international experiments in the application of alternative sanctions and their relation to Saudi Vision 2030. His Excellency Dr. Salih bin Humaid, a member of the Council of Senior Scholars, Advisor to the Royal Court, and Imam and Speaker of the Sacred Mosque, delivered a speech on judicial applications and suggested examples of alternative sanctions. His Excellency Dr. Sa`d Al-Shathri, a member of the Council of Senior Scholars and Advisor to the Royal Court, spoke about the concept of alternative sanctions and its legal evidence in Shari`ah.
His Royal Highness Prince Abdulaziz bin Sattam stressed the importance of agreeing on concepts and shifting from punitive policy to remedial policy, as the latter contributes to the reform of the offender and the service of society. His Excellency Dr. Ahmad Humaid pointed out that "Alternative sanctions need to be regulated and refined, as prison could be an original punishment, despite the existence of alternative sanctions." He also explained that the term "alternative" needs to be construed in light of Islamic law, as it comes under the concept of Ta`zir (discretionary punishment), which is one of the widest areas in Shari`ah, where punishment is at the discretion of the judge.
Today's first and second sessions discussed "Selected Presentations of Working Papers." Dr. Yahia Al-Khazraj, the Academic Staff Member of Sociology at King Abdul-Aziz University, presented "Alternative Sanctions to the Deprivation of Freedom ... North America as a Model." Meanwhile, Major General Sa`d Al-Shahrani reviewed "Obstacles to the Application of Alternative Sanctions and their Classification." He stressed the importance of submitting a request to expedite the issuance of a list of alternative penalties, taking into account the obstacles and constraints, to formulate their texts and enable the judicial and executive bodies to resolve potential problems. He also stressed the importance of establishing permanent committees to coordinate between the relevant authorities to oversee the application of alternative sanctions under the supervision of security committees in each governorate.
A former judge from the Ministry of Justice, Dr. Yasir Al-Balwi, highlighted "The Experience of the Kingdom's Judiciary with Alternative Measures to Imprisonment," as well as the importance of developing alternative sanctions at the general judicial level, in view of the urgent need to study the penal justice experience of alternative measures to imprisonment and note their successes and failures and to address the requirements of successful performance.
Dr. Musa Al-Fifi and Dr. Shakir Al-Shahri (Public Prosecution) presented a joint working paper on "Alternative Means of Initiating Criminal Proceedings." The Vice President of Al-Imam Mohammad Ibn Saud Islamic University for Knowledge Exchange and International Communication, Dr. Abdullah Al-Yusuf, reviewed "International Experiences in the Use of Prison Alternatives" in his working paper. He stressed the importance of the need to activate these alternatives for reform considerations and to conduct in-depth studies, stressing the need to hold more workshops on alternative sanctions with the participation of judges, officers, and specialists in alternatives to prisons.
In the second session, moderated by Dr. Muhammad Al-Sawwat, Dr. Jameel Al-Luwaikh, Associate Professor at the College of Shari`a at Umm Al-Qura University, spoke about the legal religious controls of alternative sanctions. Dr. Salih Al-Ghaliqah reviewed the efforts of the Excellence Research Center in contemporary issues of Jurisprudence at Al-Imam Mohammad Ibn Saud Islamic University. Dr. Muhammad Fadl Al-Murad, Associate Professor of Comparative Jurisprudence at the College of Criminal Justice, spoke about the efforts of Naif Arab University for Security Sciences in the alternative sanctions to deprivation of freedom.
Dr. Hani Al-Jubair, a judge of the Court of Appeal in the Makkah Region, discussed the concept of alternative sanctions. The paper presented by the two lecturers at the College of Judicial Studies and Regulations at Umm Al-Qura University, namely, Khadijah Barnawi and Du`a' Bardawan, addressed the obstacles to the application of alternative sanctions.
During the third scientific session, Dr. Nasir Al-Ud, the Advisor to His Excellency the General Attorney, tackled the professional and social role in the practice field, and the execution of alternative sanctions through specialists in social work programs. At the end of the session, Dr. Abdul-Rahman Al-Jar`i presented a paper on "The Concept and the Origins of Alternative Sanctions." He recommended that the government departments and relevant authorities be involved in the formation of a concept for these types of sanctions and the supervision of their implementation.
