RIYADH - Judicial judgments are untouchable and cannot be bartered said Dr. Muhammad Al-Shenqeti , member of the Council of Senior Ulema. Al-Shenqeti made it clear that the offer by a deviant group to swap Al-Qaeda supporters currently in Saudi prisons for kidnapped Saudi diplomat Abdullah Al-Khalidi will not be considered.
“All ambassadors and their subordinates working in diplomatic missions are in fact representatives of the country’s ruler, thus their exposure to any harm is considered to be an encroachment on the sanctity of the ruler, a matter that contravenes the Shariah teachings and international law,” said Al-Shenqeti.
“If a prisoner is found to be in a country that applies Allah’s Shariah as is the case in the Kingdom, then it is impermissible to barter a Shariah judgment because this undermines the sanctity of the Shariah.”
Sheikh Matraf Al-Bishr, a judge at Al-Qatif Shariah Court, emphasized that the kidnapping of the Saudi consul from sovereign land that belongs to the Saudi embassy is considered to be an encroachment on the Kingdom itself. Therefore, Al-Bishr said it is the right of Saudi Arabia to demand that the kidnappers be captured and put on trial especially if they are wanted by the Kingdom’s security establishment. He further called for the extradition of the kidnappers after they are arrested, Al-Watan Arabic daily reported.
Al-Bishr said the Kingdom’s constitution is based on the Holy Qur’an and the Prophet’s Sunnah and as a result whatever ruling contradicts these principles is considered null and void. He also said this gives the Kingdom the right to send an investigation team to directly follow up the case. He added that the Kingdom’s governance system stipulates that the judiciary in the Kingdom is independent and no one is allowed to intervene in its matters.
Legal advisor Saad Al-Wehaibi said terrorist organizations are not subject to the Shariah or secular laws and therefore the demands they make or raise are illegitimate and illegal. It should also be understood that any acts carried out by such groups do not fall under Islamic jurisprudence or secular laws. On this basis, the custom of handing over perpetrators to their families after the completion of their jail terms does not apply due to the possibility that investigations may continue for a long period of time. -SG