SAUDI EXECUTIONS DROP AS VICTIM FAMILIES FORGIVE OR STRIKE DEALS

by Emad Mekay

(IPS) MECCA -- The blazing headline read "Royal intercession saves two lives from the sword." Literally, the governor of Mecca Province, Prince Makkah Abdelmageed bin Abdelaziz, who heads a committee for securing forgiveness for convicted murderers, helped spare two lives from death by the sword.

The men were involved in two separate killings. The first murdered his cousin; the second, his brother. Both were Saudis, according to the Saudi newspaper Al-Madina.

To save their lives, families of the murderers tapped into a law here that derives from the Islamic Sharia law called the "Pardon Provisions." The law enables convicted murderers to appeal to the families of the deceased, also known as the "blood-owners," for forgiveness as instructed by the Koran.

These cases could then be transferred to the "Pardon Committee," a semiofficial body of public figures and citizens known for their "wisdom, intellect and piety." Members often are academics, religious men and activists who try to convince the blood-owners to be forgiving.

This unique pardoning system, which has come under criticism mostly by Western human rights groups, allows the blood-owners to offer a pardon in return for a dya -- a sum of money or other compensation for the death. They may also offer a complete pardon solely "in pursuit of Allah's own sake and forgiveness."

Human Rights Watch has estimated that Saudi Arabia carried out more than 100 executions in 2005. It reported that Saudi Arabia imposes the death penalty for drug-related offenses and robbery, crimes that should not be ranked among the most serious. Executions are often carried out by the sword.

But Saudis counter that the practice of forgiveness has recently been witnessing a revival as the country sees an upsurge in adherence to Islamic teachings. This means a reduction in the number of executions.

The Makkah Pardon Committee reports that with the its two recent successfully resolved cases, the number of pardons nationwide totaled 105 last year. This is in a country of 25.6 million people.

Mohammed Rabei Soliman, a journalist on the Al-Madina newspaper who has followed such cases over the past 20 years, confirmed that the number of victims' families accepting the pardon process is increasing. Publicity campaigns and "more people being aware of the benefits of forgiveness in Islam" were responsible.

"This is a deeply conservative society that abhors crime. So it only takes gentle reminding of the good aspects of forgiveness for people to embrace the idea. They trust the promise of Allah that those who forgive will be rewarded in this life and in the afterlife," he told IPS.

But even if the blood-owners forgive, the state still retains rights under the system. A judge may still sentence a murderer to a prison term -- although this is usually no more than three years.

The Pardon Committee has other jobs. When families ask for dya money and the murderer cannot afford it, the committee steps in and approaches wealthy locals and businessmen for the funds.

"The system is based first and foremost on the pubic recognition of the enormity of the loss and the pain for the family of the deceased," Soliman of Al-Madinah newspaper said.

"Instead of giving the relatives of the deceased just one right -- the right of revenge -- they are in fact given an additional one: that of forgiveness and pardon. This is more justice, not less. The Quran enjoins people in these situations to forgive and seek the rewards from Allah," he said.

"The principle of forgiveness, however, is based here on the principle of "qesas." This simply means an 'eye for an eye' and making someone pay for their mistakes. Yet the Quran also beseeches believers to think that forgiveness is far more rewarding," Soliman explained.

Many locals share his views. They say that some of the outwardly harsh penalties under the qesas system have given them low crime rates and an enviously high level of security in this country.

They point to the opposite in neighboring nations which do not apply the system, such as the United Arab Emirates, also a Muslim nation.

Ghulam Abdelhakim, a Pakistani hotel worker who has been working in Saudi Arabia for six years, said this is the best system he has experienced in the region.

"Nobody dares bring in drugs here," he said. "But in other Gulf countries, drugs are all over the place. People respect the law and the spirit of the law. I feel safer."

Badr al-Hassan, a Sudanese shop owner, said the principles of qesas and forgiveness are good for Saudi society. "It's good to be able to deter by the qesas while be forgiving to those who deserve it at the same time."

But the pardon system may sometimes be long delayed. Under the rule here, a murderer who has killed someone with young children must remain in prison until the children are mature enough to choose dya and forgiveness -- or death by the sword.

Soliman remembered a case five years ago when the father of a murdered man was offered 5 million riyals ($3 million U.S.). He refused and also rejected the intervention of powerful public figures and members of the Saudi royal family.

"The father was very poor. In fact, he used to live on charity and donations, and yet when his son was killed and the murderer was identified beyond doubt, he turned down the pardon process and insisted on revenge for his son," said Soliman.

"Eventually the murderer was executed in qesas punishment. Despite all of the public efforts, the father did not choose the pardon option. It just didn't convince him."