Umm Al-Qura University

Umm Al-Qura University

Recommendations of the Alternative Sanctions Workshop

- 2019/03/13

In the Name of Allah, the Most Gracious, the Most Merciful

Recommendations of the Alternative Sanctions Workshop

Praise be to Allah by Whose favor good works are accomplished, and by Whose light the earth and the skies are illuminated, and prays and peace be upon the Prophet who is supported by evident verses and clear miracles, and upon all his family and companions, the people of virtue, grace and honor.

The Alternative Sanctions Workshop was held, praise be to Allah, in the campus of Umm Al-Qura University, represented by the Deanship of Scientific Research, during the period from 15-16 Jumada Al-Thani, 1440 A.H., corresponding to 20-21 February, 2019 A.C. The workshop was organized in cooperation with the Social Development Committee at the Council of Makkah Region, and under the patronage of His Royal Highness Prince Khalid Al-Faisal, the Advisor of the Custodian of the Two Holy Mosques and the Prince of Makkah region.

A number of the representatives of the governmental bodies participated in this workshop, notably the Royal Court, the Ministry of Interior, Ministry of Justice, Supreme Judicial Council of Saudi Arabia, the Public Prosecution, the Ministry of Labor and Social Development, Human Rights Commission, and other governmental bodies. This was in addition to selected researchers from Umm Al-Qura University and other Saudi universities who presented a number of research studies and documents pertaining to this topic.

The workshop's academic papers tackled the following themes:

First Theme: The concept of alternative sanctions, their types and conditions.

Second Theme: Psycho-social intervention and the role it plays in the activation of alternative sanctions.

Third Theme: The judicial applications and the models proposed for alternative sanctions.

Fourth Theme: International expertise in the application of alternative sanctions, and its relation to the Saudi Vision 2030.

Having reviewed the previous endeavors exerted in this topic, and the local, regional and international conferences, seminars and forums held in this regard, and having considered the presented academic papers and heard the initiatives introduced by the researchers and experts in the workshop's sessions, the attendees recommended the following:

  1. Holding a specialized panel to discuss the identification of a scientific term to be agreed upon by the researchers in the relevant specializations and bodies concerned, as a number of terms were used to express alternative sanctions, including remedial reinforcements, alternatives to custodial sentences, the sanction to work for the benefit of the public, social service enhancement, and reformatory alternatives. The panel discussion should attempt to agree on a scientific term that expresses alternative sanctions and at the same time it should consider the special nature of the Islamic Shari`ah as well as the characteristics of the Saudi community.
  2. Calling upon the Council of Senior Scholars and Fiqh academies to study the topic of "Alternative Sanctions" and its Shari`ah controls, and issue council-based Fatwas and resolutions pertaining to it.
  3. Calling upon the Emirate of Makkah province to coordinate with the specialized bodies concerned to activate a local program that applies alternative sanctions, which is to be amended and revised periodically, based on the developments on the ground, to benefit from such a program nationally.
  4. Forming a national team under the umbrella of the Ministry of Justice to set the guarantees and procedures necessary to enforce alternative sanctions to the fullest.
  5. Carrying out a comprehensive survey of the crimes that received punishments of discretionary imprisonment and which ones of these punishments can be replaced by alternative sanctions. The objective of this survey is to list all possible alternative sanctions with a view to making a register of the traditional punishments and the appropriate alternative sanctions for each punishment. This is in order for the judge to select from them the sanctions that fit the offender's character, the type of infringement, and the interests of the society.
  6. Creating an national electronic platform that helps the specialized bodies apply alternative sanctions, follow-up their implementation, and amend their effects.
  7. Holding training courses and panel discussions about the alternative sanctions and the mechanisms of their implementation for Their Eminence, the judges and the members of the public prosecution, and those alike them.
  8. Establishing a research center or a research chair for the research and studies relevant to alternative sanctions, under the umbrella of UQU.
  9. 9. Urging the Ministry of Labor and Social Development to accelerate the promulgation of the Executive Regulations on the Law of Juveniles in the field of alternative sanctions, in addition to setting a mechanism for the establishment of a national authority for the juveniles' affairs.
  10. Recommending the implementation of a number of initiatives that were proposed in the workshop and the panel discussions (according to the attached).
  11. Benefiting from the international experiences in field of the alternative sanctions, taking into consideration the foundation rules of the Noble Islamic Shari`ah and the special nature of the Saudi community.

At the concluding session of the workshop, the participants expressed their thanks and appreciation to His Eminence the Custodian of the Two Holy Mosques, and His Royal Highness Prince Khalid Al-Faisal, the Prince of Makkah region and the Advisor of the Custodian of the Two Holy Mosques, for their approval and unlimited support towards the organization of this scientific workshop in the campus of Umm Al-Qura University, asking Allah, the Almighty, to reward them well for the blessed efforts they exerted in serving knowledge and its people.

Finally, peace and blessings be upon our Prophet and Messenger, Muhammad, and upon all his family and companions.