For more information
Call 1-800-351-0222
Call 1-800-351-0222
Islamic Law & the Crime Rate in Saudi Arabia & Kuwait
Term Paper ID:27996
Essay Subject:
Compares & contrasts the criminal justice systems of Saudi Arabia & Kuwait.... More...
9 Pages / 2025 Words
13 sources, 16 Citations,
APA Format
$36.00
More Papers on This Topic
Paper Abstract:
Compares & contrasts the criminal justice systems of Saudi Arabia & Kuwait.
Paper Introduction:
ISLAMIC LAW AND THE CRIME RATE IN SAUDI ARABIA AND KUWAIT:
A COMPARATIVE ANALYSIS
Problem Statement
Souryal (1988) has noted that:
Students of comparative criminology have been reminded over and over again of the low level of criminology in the Kingdom of Saudi Arabia. (p.1)
This "reminder" has come in the form of several studies concluding support not only for low crime rates in Saudi Arabia in general but also for the notion that Saudi crime rates are the lowest in comparison with several other Arab states (e.g. Adler, 1983; Souryal, 1987; El-Sendiony, 1981; Mourad, 1980). This supportive evidence has commonly been said to be the result of the fact that, unli
Text of the Paper:
The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper.
International Journal of Comparative and Applied Criminal Justice, Spring 199 , 49-63.Murty, K.S., Roebuck, Julian B., & Almolhem, Mohammad A. Crime statistics for Saudi Arabia and Kuwait will beobtained from several government document sources. This study is in keeping with thoseshowing a low crime rate for the country and offers a means ofclassification of felons as well as a suggestion for how to cope with themajority in some form of diversionary system. The rate ofproperty crimes is also the lowest of the seven countries, ranking lessthan 1/3 the rate in Iraq, 1/13 the rate in Kuwait, and 1/36 the rate inSudan. In terms of the second, Souryal says that the predominant sourceof social learning in Saudi Arabia is the Qur'an, which is seen not only asa divine book of the scriptures but as a total guide for the total life inthis world and in the hereafter: "Therefore, every social practice, everyintellectual thought, and every psychological disposition must conform toits teachings" (p. The purpose of this review will be to brieflysummarize the somewhat contradictory interpretations of crime rates andtheir relationship to Islamic law in the Middle East. Data that does not fit these selectioncriteria will be either discarded or reported in a supplemental section ofthe study. El-Awa (1981), Sehacht (1964) and Levy (1969) discuss the two sourcesof Islamic law, the Qur'an and the Sunna of Prophet Muhammad, and citesthese as the bases for the theory of punishment. 21). (3) In Saudi Arabia, are patterns of overall crime rate observed forthe years from 197 to 198 the same or different from the patterns ofoverall crime rate observed for the years from 198 to 199 ; and are anyobserved patterns the same or different from those observed for Kuwaitduring the same time periods? Badr-el-Din Ali (1985) examines the penal policy in Saudi Arabia andthe ways in which Islamic law and crime are related in that country. Makkah, Saudi Arabia: Umm Al-Qura University.El-Awa, Mohamed S. Not only will updated figures provide a look at the current levelof crime in both countries, if compared to crime levels observed forprevious years, these data will allow for an analysis of whether crimerates have changed or remained the same (for both countries) during thelast decade. Thepolice have three major categories of function: administration, or themaintenance of the general order in the nation; the judicial function,including crime investigation; and the social function, including crimeprevention. First, the study will controlfor culture by restricting the comparison to two Arab states (Saudi Arabiaand Kuwait). Dependent measures will consist of crimestatistics; specifically, this will be statistics for the overall crimerate and for specific offenses in both countries.Methods Data Sources. ISLAMIC LAW AND THE CRIME RATE IN SAUDI ARABIA AND KUWAIT: A COMPARATIVE ANALYSISProblem Statement Souryal (1988) has noted that: Students of comparative criminology have been reminded over and over again of the low level of criminology in the Kingdom of Saudi Arabia. International Journal of Comparative and Applied Criminal Justice, Spring 1991, 89- 97.Schacht, J. official figures from 64countries were collected and compared, and countries were then ranked inorder of levels of overall "criminality." The Kingdom of Saudi Arabia wasranked with other countries "not obsessed with crime," including Bulgaria,Peru, Nepal, and a few others. Rotham.Ali, Badr-el-din. Second, the study will examine only offense categories that arecomparably defined in the two countries. The research problem examined in this study is a comparison of SaudiArabian and Kuwaiti crime statistics that attempts to control for severalof the confoundings addressed by Ali (1985). (1987). Edinburgh: Edinburgh University Press, 1971.The effect of islamic legislation on crime prevention in Saudi Arabia. Murty, Roebuck, and Almolhem (1991) studied Saudi Arabian prisonersalong several quantitative and qualitative dimensions: criminal history;juvenile delinquency history; demographic characteristics; socioeconomicstatus; family background characteristics; parent-child relationships; self-concept and identities; life-history problems; and deviant habits. Adler's analysis is part of a majorproject conducted by the United Nations Secretariat in 1977 to measure thedimensions of criminality on a world-wide basis. If it is possible to collect crime data which is cross-tabulated bydemographic and social variables, each of these factors will also beexamined as independent factors. Data will be analyzed using descriptive statistics such asfrequency charts and compilation of offense rate per every collective of1 , persons. Also, percentages will be tabulated. Journal for the Scientific Study of Religion, 26(4), 429-449.----------------------- 1 it isdifficult to argue in any conclusive manner that the lower crime volume inSaudi Arabia can primarily be attributed to Islamic law. The police system in Saudi Arabia is highlycentralized, with all police forces in all areas controlled by the Directorof Public Safety, who reports to the Minister of the Interior. Self-Reported Juvenile Delinquency in Kuwait. These means will be compared both within and acrosscountries using inferential statistics such as the t-test analysis and theanalysis of variance. These contaminants are said toinclude: (1) comparison of crime rates in two countries at two differentperiods of time; (2) comparison of offense categories defined differentlyfor different countries; (3) presentation of data indicating low and/or adeclining rate of crime in Saudi Arabia with no comparison to othernations; (4) different systems of recording criminal statistics in thecomparison countries; and (5) the availability of alternative explanationsfor findings such as the effects of differences in religious life, familynorms, the educational systems, economic conditions, and demographiccharacteristics of the comparison countries. These similarities between Kuwait and theUnited States also contrast sharply with the lack of correspondence betweenSaudi Arabia and the United States.Research Questions The study's research problem can be characterized as an attempt toanswer the following research questions: (1) Is the overall crime rate in Saudi Arabia comparable or differentfrom the overall crime rate in Kuwait? (1988). The role of Shariah law in deterring criminally in Saudi Arabia. If changes are noted, these could be addressed in terms ofcontributive factors such as the differences in the two countries in thepractice of Shariah law.Literature and Review Low crime rates in Saudi Arabia are often attributed to the fact thatthis country has implemented the Shariah as its penal code (Adler, 1983,Soural, 1988). Both the overall crime rate and the crime rate for specific offenseswill be tallied for every year from 197 through 199 ; then a mean rate foreach offense and for crime overall will be calculated for each of two 1 year periods. Alobied (1987) writes about the police functions and organization inSaudi Arabia and specifically about the organization and training of thepolice in that country. (1969). The religionization of a society: The continuing application of Shariah law in Saudi Arabia. Whileit is not feasible to control the effects of demographic and social factorsin the two countries, if statistical breakdowns of crime by demographic orsocial factors are available, these variables will be compared acrosscountries to see whether they contribute to differences in crime rates. The six offenses generally seen as offenses of hududare the drinking of alcohol, theft, armed robbery, illicit sexualrelations, slanderous accusation of unchastity, and apostasy. (1981). International Journal of Comparative and Applied Criminal Justice, 12(1), 1-25.Souryal, S.S. Sourya finds that themurder rate in Saudi Arabia is the lowest of the seven countries, beingless than 1/6 the second lowest rate in Egypt and Kuwait. Third, all comparisons will befor the same periods of time. (1983). In Proceedings of 1976 Symposium held in Riyadh.Murty, K.S., Al-Lanqawi, Abdullah M., & Roebuck, Julian B. (1964). 157-158). Riyadh: Ministry of Interior. Oxford: Oxford University Press.Souryal, S.S. In the classical conception, Islamic criminal lawrecognizes six major offenses, each of which has a penalty prescribed infixed terms in the Qur'an or the Sunna, and these offenses are known as theoffenses of hudud. (198 ). Littleton, CO: Fred B. The county prince is appointed by the King. Methods, Design, and AnalysisDesign The proposed research will be descriptive (the two-group post hoccomparison design) which is to say that non-manipulated variables will beexamined for purposes of determining and describing any existentrelationships between them. Souryal suggests twomajor sociological theories that might help explain the low criminality inSaudi Arabia: the theory of social disorganization to articulate thecurrent structure of the society; and the theory of social learning toelucidate the processes of social development and maintenance. 54). Souryal (1988) also discusses the role of Shari'ah in the deterrenceof criminal conduct in Saudi Arabia. An Introduction to Islamic Law. Souryal's study examines the crime rates in Saudi Arabia andcompares them to six Islamic countries which do not apply Shari'ah law--Syria, Sudan, Egypt, Iraq, Lebanon, and Kuwait. After considerable direct examinationand survey, though, the author decides that the official crime rates forserious crimes seem to be "reasonably" reliable. Murty, Al-Lanqawi, and Roebuck (199 ) provide juvenile delinquencydata from Kuwait. This is that all of these studies analyzed statistical datacollected no later than 1981. Procedures. Adler (1983) tries to explain the reason why these crime rates are sodifferent and finds a common pattern of "informal social controls" inIslamic societies (pp. Two-thirds of the offenders were found to be non-serious, situationaloffenders, while the remainder consisted of 29 serious offenders, 41problem drinkers, and 37 drug addicts. International Journal of Comparative and Applied Criminal Justice, 9(2), 45-57.Coulson, M.J. Nations not obsessed with crime. However, Ali (1985) has challenged the findings of theresearch on Saudi crime arguing that much of this work suffers frommethodological defects. Souryal states that the low level of criminality in Saudi Arabiahas long been noted, but he argues with elements in the aforementionedAdler analysis, finding that it was flawed both theoretically andprocedurally. This rosy picture is doubted by Souryal, however, whosays that the low crime rates seemed "too good to be true" and thatcorroborative sources are lacking. This analysis is written by aChristian looking at the dynamics of Islamic religious law in an Islamicsociety. The authors feelthat this reflects universal similarities among urban teenagers andKuwait's material culture, with affluence, teen-age culture, theautomobile, and unprogrammed/unsupervised leisure time being the norm inKuwait as in the United States. Cambridge: Cambridge University Press.Mourad, F.A. (1982). This supportive evidence has commonly been said to be theresult of the fact that, unlike other Arab countries, Saudi Arabia hasadopted sacred scripture (the Quran) as its constitution and hasimplemented traditional law practices (the Shariah) as its penal code. Clearly an update of these figures is inorder. (Translated, edited, and printed in collaboration with the United Nations Social Defense Research Institute in Rome).El-Sendiony, M.F. (1971). 1-2). TheMinister of Interior must be a member of the royal family. Punishment in Islamic Law. Aside fromretaliation of qisas, which is the punishment for homicide and injury, allother offenses are punished in the Islamic penal system by discretionarypunishments known as ta'zir (pp. The primary independent variable will be theCountry variable with two levels, Saudi Arabia and Kuwait. Likely sources will be:(1) Saudi Ministry of Interior in Riyadh; (2) the Arab Organization forSocial Defense; and (3) United Nations documents on crime in the world. If demographic comparisons are made, these will alsobe made using inferential statistics such as the t-test analysis and theanalysis of variance. Analysis. (1985). The Social Structure of Islam. Crucial to this comparison is the fact that while SaudiArabia is traditional in its constitution, legislation, and penal code,Kuwait is more secular in its legal system; thus the study will allow forinterpretation of data in terms of crime rate differences as a function ofdifferences in the practice of Shariah law. The rate for sexual crimes in Saudi Arabia is again the lowest ofthe seven nations. One other point needs to be noted regarding existing studies of Saudicrime. This contrasts with the case of the United States, where the penalphilosophy (governed by positive law) is based primarily on offenderrehabilitation and the administration of justice and where the process israther slow and uncertain. Yet because there are major methodologicalobstacles in comparing crime rates in Saudi Arabia and the U.S. in recent years,the government has started decentralizing the police system. Both contain basic rulesand commands that are usually expressed in a broad manner and that arefrequently capable of varying interpretations. Many of the offenders were found tobe non-Saudis and even non-Arabs. Inaddition to these sources, the investigator will examine several relevantdatabases for studies containing crime statistics for Kuwait and SaudiArabia. (4) In Saudi Arabia, are the crime rate patterns observed forspecific offense during the years from 197 to 198 the same or differentfrom the crime rate patterns observed for the years from 198 to 199 ; andare any observed patterns the same or different from those observed forKuwait during the same time periods? (2) Are the crime rates observed for specific offenses in SaudiArabia comparable or different from the crime rates observed for specificoffenses in Kuwait? Effect on the implementation of the Islamic legislation on crime prevention in the kingdom of Saudi Arabia: A field research. There arefive counties in Saudi Arabia, and each county has its own police forcecontrolled in each case by the General Manager of the county under thecounty or city prince. Islamic law and crime: The case of Saudi Arabia. ReferencesAdler, F. Various theories of Islamiclaw have been formed, with many books written by the scholars of thesedifferent theories. Henotes that the penal policy is based largely on deterrence and retributionin concept and that it is characterized by certainty and speed in practice. Once documents serving as sources for crime statisticshave been obtained, the investigator will proceed to sort through thisinformation so as to select only instances where offenses were similarlydefined and similarly recorded. The effect of Islamic sharia on behavioral disturbances in the kingdom of Saudi Arabia: A case study of transcultural psychiatry. Fourth, only data that has been recorded bythe same or similar recording systems will be included in the study. The firstsuggests that a society is well organized if ample consensus existsregarding common norms and values, and if strong ties among its membersflourish. (p.1)This "reminder" has come in the form of several studies concluding supportnot only for low crime rates in Saudi Arabia in general but also for thenotion that Saudi crime rates are the lowest in comparison with severalother Arab states (e.g. This data can be used for initial purposes of comparisonto Saudi Arabia, and the data show a demarcation of types that is quitesimilar to comparable samples taken in the United States. However, Ali (1985) has challenged the findings of much of theresearch on Saudi crime and the Shariah, stating that most of this worksuffers from methodological contaminants. Ali suggests that the low crime rate inSaudi Arabia may be influenced by a profound internalization of Islamicreligious values among the Saudi people through an integral process ofsocialization that is accompanied by a firm and uncompromisedimplementation of the Islamic penal code through a concerned and powerfulpolitical leadership (p. Profile of Adult Offenders in Dammam Central Prison, Saudi Arabia. Indianapolis, Indiana: American Trust Publications.Levy, Reuben. Adler, 1983; Souryal, 1987; El-Sendiony, 1981;Mourad, 198 ). A History of Islamic Law.
If this paper is not what you are looking for, you can search again:
or
We can write a Custom Essay just for you.
Browse Essays by Subject