Formalising the concept of restorative justice within the Saudi criminal justice system : a legal analysis

Abstract

Restorative justice (hereinafter referred to as RJ) concept is recognised and practised globally; many legal systems have begun to recognise the principles of RJ four decades ago. Meanwhile, the Saudi legal system which derives its authority from Shari'ah recognises and implements many principles of RJ since the establishment of the Kingdom of Saudi Arabia. Shari'ah practices such as reconciliation, mediation, intercession, mercy, forgiveness, pardon, compensation and others are implemented in the Saudi criminal justice system; however, the concept of RJ is not recognised per se. Therefore, the objective of this research is to investigate the principles and practices already implemented in the Saudi criminal justice system that are of an RJ nature, and to introduce them to be recognised as "Restorative Justice system-نظام العدالة الإصلاحية". Moreover, it aims to examine New Zealand and Canadian RJ practices to adopt potential approaches within Saudi criminal justice system as experienced and practised in those countries. The research depends on doctrinal and non-doctrinal, namely empirical, research methodologies; the doctrinal is based on primary and secondary sources of Shari'ah, legal systems, and case laws/judicial rulings of Saudi, Canada, and New Zealand. The empirical study depends on in-depth and semi-structured interviews with judges and reconciliation officers from Saudi. Undoubtedly, RJ is practised as a prime method within the Saudi criminal system; however, it is lacking essential tools to be fully implemented as it is practised in other systems. These tools are the alternative sentences which were suspended in 2015 due to lack of mechanism to regulate the practice of these alternatives. From the experience of New Zealand and Canada, contracting with private service providers is one of the solutions to facilitate the implementation of RJ practices. Adopting an RJ framework within the Saudi judicial system is going to have a significant impact in acknowledging, at the international level, the remarkable practices and efforts of the Saudi judicial system in dealing with crimes restoratively.