Judicial Cultural Conflict
Inside Saudi Arabia

BY KAVANWAL MD


There is no doubt that cultural conflict arises when some Saudi Arabian practices and religious observances go against what Westerners deem appropriate.

In North America, our society is founded on Judeo-Christian principals, and often it is difficult for us to understand why some cruel and unusual cultural practices are in vogue in Saudi Arabia.

Beheadings, for example, are abhorrent to us, yet, in some American states, the death penalty is advocated for those who commit treason, murder or other heinous crimes.

Are we really so different?

In Saudi Arabia, the judicial system works swiftly, and once a person is charged with a crime, he faces his punishment in days to weeks or even months after the Saudi courts deem him/her guilty as charged.(This is exemplified in the novel, Surreal in Saudi.)

In contrast, some prisoners in America are jailed for twenty or more years before they are put to death. In Canada, there is no death penalty, and they are jailed for life terms.

It is true, however, that some people sit and rot in Saudi prison for months or years, suffering inhumane treatment, awaiting their trials. Saudi Arabia has exceptions to every 'rule'.

Cultural conflict is not so apparent when we measure crime and punishment with jail terms as the only criteria. There are marked differences.

What differs, you ask?

The difference lies in the treatment of prisoners.

Cultural conflict comes into play when judicial systems are compared and analyzed.

We live in a culture where we try to uphold the dignity of our fellow human being. We believe we give our criminals fair trials, and the punishments are doled out according to the severity of the crime committed. There are several factors weighed and measured, and sometimes juries come to unanimous decisions, based on the law.

The law in the West is formed by the opinions of the majority, and if the law needs to be adjusted, we can lobby for change to bring new laws into play, or to abolish old laws.

In Saudi Arabia, there is Sharia Law.

Sharia Law has its roots in Islam, and is based on the Koran, Hadith , Ijma, which is a collaborative body of religious scholars, and qiyas, a type of reasoning for things not mentioned in the Koran, but fall into certain lines of thought or behaviors outlined in the Koran. Laws are based on debates between these religious scholars, and their outcome also depends on what school of religious doctrine the scholars subscribe to. (There are five Schools of Islam).

That is one reason why Sharia law seems mild in one area, for example, Turkey, and more severe in another Islamic state. In Saudi Arabia, the religious scholars are from the most severe sect of Islam, and therefore, application and adherence to the Law is strict and based on a narrow definition.

(In another section of this website I'll delve into Sharia Law.)

The main difference between Arabian laws and the judicial system in the West is the fact that in Islam, the law is merged with their religious beliefs, and there is no separation between secular and religious activity. Thus a source of major cultural conflict.

In the West, we strive to keep religious belief and practices out of the courtroom, and for the recipient of punishment, religious beliefs are not the basis for the type of chastisement he receives.

Another source of cultural conflict is the fact that in Saudi Arabia, those who are not Muslim often suffer a more severe punishment than those who are Muslim.

If a Saudi national commits a crime, and if male, he has an opportunity to atone for his "mistakes".

If he is royalty, the authorities overlook crimes such as alcoholism or drug abuse, claiming he has "psychological" problems, and once under the treatment of a psychiatrist, his 'mistakes' are forgiven.

If a Saudi national is not a prince or from an influential family, he may choose to go to Matawa School, and study the Koran. When he emerges, he is 'purified'. Now a matawa, or religious man of authority, he wanders the streets, correcting everyone he encounters, and this former criminal enforces the Law.

These exceptions to the application of law is a marked judicial cultural conflict between our two worlds. We do not condone the crimes of our citizens by turning them into law enforcement officers, nor do our laws turn their backs on wealthy, influential people and excuse their behavior.

In Saudi Arabia, another source of cultural conflict in justice arises with the swiftness the authorities in the country will punish those who are vulnerable, non-Muslim, and who have poor representation from their originating countries.

Most of the beadings in Saudi Arabia are citizens from other nations. A Saudi is rarely, if ever, beheaded.

Another source of cultural conflict arises when women are accused of crimes.

Some Muslims believe that women's brains are one third the size of a man's, and are 'full of gossip' and lack the ability to rationalize. She is powerless against any accusatory body. As a woman, she is deemed a lesser human, just by her birthright, and even if her father and brothers advocate for her, she often ends up treated badly by the authorities.

Exceptions for Royal Saudi females, are similar to those Saudi Royal males who have 'psychological' problems, if they have the support of the male members of their family. Another source of cultural conflict.

In the West, we aim to apply the law equally to both men and women.

We posed the Question, "are we really so different"? Even in this micro study of the application of law in our societies, we know the answer is 'yes'. The cultural conflict between religion and fairness in application of the law is markedly apparent.





Articles of Interest:

Arabic Dress for the Arabic Man

Condoned Incest Inside Saudi

Jobs in Saudi Arabia

Saudi Woman; Traditional Dress

Tolerance in America

Book Exerpt: Inside a Saudi Prison

Book Notes on Saudi

Adult Graphic Novel : Facts about Saudi Arabia

MiddleEast Events : Organ Transplant