الحقوق الشرعية للجاني في جرائم الحدود في مرحلة التنفيذ دراسة تأصيلية تطبيقية على واقع عمل محاکم المملکة العربية السعودية.

The Legitimate Rights of the Offender in the

 Prescribed Penalties during the Period of Execution

An Applied and Originating Study of Work Reality in the Saudi Courts

By: Salman Bin Saleh Bin Yahia Al- Taleidy

Department of Judicial Studies

College of Judicial Studies and the Regulations

Umm Al- Qura University

Ministry of Higher Education

Kingdom of Saudi Arabia

Abstract

        This research includes a collection of the legitimate rights of the offender in the Islamic Sharia especially in the prescribed crimes during execution. The researcher has investigated these rights from an originating perspective as well as inserting some applications of work within the courts of Saudi Arabia. Whenever the researcher finds an application of any case enrolled in the codes of judgements and principles of magistrates’ courts and announced by the Saudi ministry of justice, he demonstrates it. The research has concluded with the most important findings. For instance, the Islamic Sharia has advocated the rights of the offenders in the prescribed crimes during the period of execution. Those rights vary in between approved, agreed or preponderant rights selected from the sayings of the jurists such as the requirement of a median whip, median lashing, being cautious when whipping a warrior, deciding to delay whipping because of illness, pregnancy, extreme cold or heat. In addition, the prescribed penalties overlap when the requisite of the penalty is repeated before its execution. Moreover, the research handles the issue of anesthetizing the offender while executing the penalty and the involved disagreement in between the contemporary jurists who are divided into two groups; the first does not allow whereas the other agrees in accordance with the type of penalty. Finally, the researcher recommends all the rights contained in the Islamic Sharia and prescribed for the offender in all crimes whether they are prescribed or else and in all the phases of judicial reviewing.