Community involvement in crime prevention and judicial process: the experience of Saudi Arabia.
Guoping, Jiang ; Garris, Christopher Paul ; Bendania, Ahmed 等
Community justice is a relatively new trend in Western countries.
The concept refers to all measures that explicitly include the community
in the justice process (Karp and Clear, 2000), especially instances in
which crime and justice affect community life. Community justice
includes the processes of community crime prevention (Bennet, 1998),
community policing (Goldstein, 1990), community defence (Stone, 1996),
community prosecution (Boland, 1998), community courts (Rottman, 1996),
and restorative sanctioning system (Bazemore, 1998). The traditional aim
of community justice is not to replace the existing justice system, nor
to invalidate any existing procedural rights of offenders and victims,
but rather to arrange a sanction that is fair and substantively adequate
to meeting the needs of the victim, the offender and the community, and
further enhance the community quality of life (Clear and Karp, 2000).
Traditional criminal justice is normally claimed and realised by
both judicial and police systems, which are governmental organs. In line
with these agencies, the avenues of community justice are typically
regarded to be democratic and decentralised. The distinct traditional
boundaries between the role of the state and the role of community are
challenged in the community justice approach. From this perspective,
community justice is viewed to be far removed from Middle Eastern
countries, which are often accused of being autocratic, thus, lacking
the perceived foundations of democracy. However, at its core, the focus
of community justice is public safety and the quality of community life,
which is not exclusive to any governmental or political system. A look
at Middle Eastern cultures illustrates that community justice does exist
in these Islamic countries; moreover, presence may be more substantial
than in Western countries. Islamic countries are characterised with low
crime rates (Fajnzylber et al., 1998; Haroon, 1993; Mohammad, 1991;
Souryal, 1990; United Nations, 1993), which Western scholars tend to
attribute to harsh punishments, such as amputation, beheading, or public
stoning. However, the true reason may lie in less extreme aspects of
society, including the prevalence of community justice.
Community justice in the Middle East, perceived as a partnership
between formal criminal justice and the community, is deeply rooted in
religion and social institutions. It operates at a policing stage,
adjudicating stage, or correcting stage. They target community-level
outcomes by focusing on problem solving (short- or long-term), restoring
victims and communities, strengthening normative standards and
reintegrating offenders (Crawford, 1995).
Islam and law
The word of 'Islam' means 'submission or surrender
to Allah's (God's) will'. All Muslims must first and
foremost obey and submit to Allah's will. Of course, Islam is not
merely a religious influence but also a set of political, legal,
economic, and social doctrines that influence and guide the norms and
practices of believers and societies (Kurtz, 1995; Groves et al., 1985;
Turner, 1974). For Muslims and for those living in Islamic states,
theocracy heavily influences all matters, both public and private.
Islamic law is controlled, ruled and regulated by the Islamic religion,
which is inherently different from the common law or continent law
systems. There is a lack of separation of mosque (church) and state in
Islamic law--a fact that is often novel, and sometimes misunderstood,
for non-Muslim scholars. The religion, law, and government are
integrated. The judiciary is not an independent institution but an
extension of the political authority. Although implementation of this
concept varies across different Islamic countries, all governments and
civil authorities are based on it (Wiechman, Kendall and Azarian:
online). Saudi Arabia is a state which particularly sticks to
traditional Islamic law which is known as Shariah law.
The Shariah law means the path to follow God's law. It is so
comprehensive that it rules or regulates all public and private
behaviours, ranging from such domains as border disputes, international
conflicts, hygiene, diet, sexual conduct, and elements of child rearing
(Abdel Haleem, Sharef and Daniels, 2003; Peters, 2005).
Shariah works not only as law, but also as an ideal ethical system
(Turner, 1974). The Shariah law has five sources from which to draw its
guiding principles. The first is the Quran, which is the holy book for
all Muslims. The second source is the teaching of the Prophet Mohammad,
called Sunna, which is not explicitly found in Quran. These first two
categories of crimes are processed in Shariah court. The third source
for Shariah law is Ijma, which is the consensus on specific issues
reached by Ulama, who are religious scholars. The Ijma embraces concepts
and ideas not found explicitly in either Quran or Sunna. The fourth
source is Qiyas, which are judicial decisions made by a higher judge on
cases occurring in modern society. This is similar to legal precedent in
western common law systems. The Ijma and Qiyas are made to cater to the
new crimes, which were observed in traditional societies. Judges have
great discretion in applying Ijma and Qiyas to a specific case (Schacht,
1964). The fifth source is called 'all encompassing', which
theoretically includes all helpful information on specific cases, such
as the New Testament, local custom, or a suspect's social status
(Wiechman, Kendall and Azarian: online). The Ijma, Qiyas and 'all
encompassing', in many cases, are developed through various
governmental decrees which specify codes of behaviour and regulations.
For example, fields such as corporate law, taxation, oil, gas, and
immigration give rise to new cases that are usually handled
administratively by governmental officials (Wiechman, Kendall and
Azarian: online). In short, Islamic law is well established and updated
to present time. Saudi jurisprudence will refer to resources and
authentic documents to find the correct course of action if the Islamic
regulations stated in the primary sources do not explicitly deal with
every conceivable eventuality.
In Islam, there are three categories of crimes, namely Hadd (or
plural, Hudud; meaning 'limit' set by God), Tazir and Qesas
(Ali, 1985; Al-Thakeb and Scott, 1981). The Hadd are considered to be in
violation of God's law and are felonies punished by a
pre-established punishment found in Quran. The Tazir entails penalties
related to crimes against society. They are similar to western
misdemeanours. All acts that violate private or community interests are
subject to Tazir. It is left to the discretion of judges to establish
rules within the spirit of the Shariah to punish such acts. Judges are
allowed great flexibility in punishing Tazir offenders. A guilty verdict
could yield punishments ranging from the death penalty for espionage and
heresy, to flogging, imprisonment, and fines for a variety of
'lesser' crimes. The Qesas are punishment for certain crimes,
whereby the victim or her/his family has a right to seek retribution
(called Diya in Arabic) and retaliation (Haroon, 1993). The flexibility
of Tazir and Qesas leaves great room for community justice.
The role of community in Saudi Arabia
Muslim society tends to be more collective than modernised western
societies, which may be attributed to its culture, homogeneity, and
family network (Helal and Coston, 1991; Shelly, 1981). This may be at
least partially attributed to religious influence. In Islam, collective
duties are given more emphasis than individual rights. As is indicative
of collectivist cultures, individual interests are typically subordinate
to collective interests (Markus and Kitayama, 1991).
Some have said that it is difficult for ego to find a place in
Muslims' hearts. Indeed, the Quran illustrates the importance of
community and selflessness. It stipulates that Muslims should help other
Muslims if they are in need. For many Muslims, the social will and the
sense of community is Allah's gift, which individuals acquire
through the auspice of social institutions and socialisation. It is
widely recognised in Islamic society that it is necessary to make
individuals aware of their role in his families and community.
A community-based identity among individuals is well established in
all Muslim societies, including Saudi Arabia (Kurtz, 1995). The history
of Bedouin tribes is not too distant a memory for Saudi Arabians, and
its effects on community are apparent. For example, Muslims from the
same tribe feel tend to feel closer and more intimate. Different from
the West, the old people in communities and oldest bothers in family are
more respected in Islamic societies. Every tribe or village community is
led by Sheikh (also spelled Shaikh) which literally means 'old
man'. The Sheikh is senior, well aware of the local community, and
highly respected by community members. In modern Islamic society,
Sheikhs may be appointed by government or may inherit the position.
Historically, the Saudi government has minimally interfered with the
Sheikh's role or tribal affairs. A strong community-based identity
and Sheikh system lays a solid foundation for community justice in Saudi
Arabia.
In the cities, Umda (literately meaning 'mayor', also
spelled Omda) are in charge of local community affairs. These men are
essential controllers of the rhythm of daily life in various Saudi
cities, and serve as a liaison between the administrator, the citizen,
and resident. The Umda works for government on administration, but
receives a little financial support from local community rather than
from government because a small service fee may be charged to community
members. Residential areas in cities are divided into several parts.
Each area has one Umda to be in charge of miscellaneous affairs,
particularly community security. The Umda is acquainted with community
members in his area and familiar with all local affairs. Needless to
say, community justice has its solid cultural and institutional roots in
the Saudi cities.
At the same time, the judicial system in Saudi Arabia is accessible
to the public too, which provides a precondition for initiating
reparative and re-integrative processes (Moore, 1986). The public are
encouraged to participate in the judicial process through Sheikh or Umda
or themselves. In brief, religion and social system in Saudi Arabia
determine that the rule-bound coercion or single interest usurpation is
not the main mechanism in Saudi, but the deliberation based on local
priorities, egalitarian principles and responsiveness.
Policing
Policing in the West used to be based on a detached professional
model but it has shifted to an involved community model (Barajas, 1995;
Bazemore and Griffiths, 1997; Bazemore and Schiff, 1996; Griffiths and
Hamilton, 1996). Earlier than the West, it has been well recognised in
Saudi Arabia that it is incorrect to assume that the onus of public
safety falls entirely on the criminal justice system. Saudi Arabia, as a
developed traditional state, has incorporated different variations of
community policing in cities and rural areas.
Community policing, first of all, starts from religious education
through mosque service. Islam not only stresses stopping crime by harsh
punishment, but also emphasises the importance of preventing crime
through the cultivation of religious consciousness and morality. Every
Friday, when there is a prayer, a special topic is designed for the
prayer, which is similar to Christian worship on Sunday. The imam
delivers a speech to Muslims on the topic. The topic is centred on
subjects relevant to and influential in the local community. These
speeches serve to instil morality as a core motivator and to reinforce
the Islamic principles of community life, including the importance of
individual responsibility in maintaining community security. For
example, if one community member commits a crime, or if the local
community has been hurt by recent crime, the topic may focus on the
importance of 'behaving well' or 'crime prevention'.
Such regular meetings through prayer not only function to maintain
social order via direct education but also function to maintain social
security indirectly. First of all, it develops a sense of community
among Muslims. They grow up in the same community, pray together, feel a
deep sense of belonging in the community, and therefore may feel a
stronger drive to take responsibility on community matters. This logic,
in line with anecdotal evidence, suggests that if someone in a Saudi
community witnessed a wrongdoing (e.g. drunk driving or the breaking of
a car window) he or she would likely report the violation to the local
community authorities or police. Beyond developing a sense of community,
the second effect of regular mosque services is that they instil respect
for the laws and regulations in the attendees' minds. This
increased salience likely reduces the crime rate in the community.
Third, the mosque teaches people, particularly youth, how to behave
appropriately and righteously in specific situations, ranging from
sports to driving an automobile. Fourth, these services remind Muslims
to take precautions and security measures for the well-being of property
and children. This not only benefits the individual taking such
precautions but the community's quality of life as well. Lastly,
community mosque services provide Muslims with parenting skills based on
generations of religiously-driven child-rearing practices. It is widely
acknowledged by Muslims that early child education and the improvement
of physical and mental health (such as developing the habit to pray in
the mosque) have a great role in regulating their behaviour. These
points clearly illustrate that Islam develops a sense of moral,
conscientious community through regular prayers (Stark et al., 1982).
These effects reduce the occurrence of crime and increase community
monitoring in local community.
Community policing in Saudi Arabia is further based on rural and
urban social systems. In the countryside, every village has its own
informal committee, which helps to maintain social order in the village.
The committee is composed of highly respected senior persons. These
committee members, who are elderly, usually do not hold regular
occupations. The men are typically pious Muslims and, as such, they
attend mosque five times per day for prayer. After prayer, their duties
may entail that they walk around and watch the goings-on of the village.
If there are any new faces appearing in the village, they may approach
him/her and ask him/her what s/he is doing there. If s/he is found to be
suspicious, the strange person may be brought to the committee office
for further investigation, at which point the police may be contacted
for official detention.
For small conflicts that occur within the tribe/clan/village, the
local community, and specifically the Sheikh, will bring both parties
together and try to resolve the problem peacefully. Through this
process, conflicts often do not escalate and serious crimes are
prevented. A typical case would be couples in conflict. A Sheikh may use
his influence and wisdom to persuade both parties and give suggestions
to both sides. As a result, divorce is prevented. In the same vein, the
conflict within the family can be resolved by the oldest brother in the
family, and the negative effect can be minimised. Such kinds of
community justice are so effective in Saudi Arabia that Wardak (2005)
argues that the low crime rate in Saudi Arabia may be attributed to the
fact that many trivial criminal complaints are resolved outside formal
judicial institutions and remain undocumented by police. Indeed, it
seems as though Islam is an influential social force generating powerful
social sanctions (Groves et al., 1985).
In urban communities, there is a semi-official committee consisting
of imam of mosque, teachers, industry and media leaders, and heads of
family. Committee members may be assigned by government or assume the
role through elections, with the former holding relatively more power
than the latter. These individuals, led by Umda, work together with the
goal of resolving family problems and preventing crime. Small conflicts
between residents, once reported, may be solved by the committee at the
initial stage. Strange persons appearing in their area may be
investigated by Umda or committee members. In some large cities, such a
function faded out a little due to expansion of cities in the late 20th
century, but still exists widely in Saudi Arabia. Just because Umda
system is so indispensable to Saudi urban citizens, for those cities,
currently, there is an increasing awareness of revitalising the role of
community involvement in community related justice in policing and
security matters (Humaidan and Sheraya, 2009). Saudi administration in
those cities is recalling restoring the role of Umda and even trying to
enrol Umda in courses specialising in the suppression of crime. For
instance, Tariq Fadaaq, the president of the Jeddah municipality,
initiated a programme for the Umda's performance development to
keep their positive and serious roles in the general and social
development of their neighbourhoods. Umda in Jeddah act like unofficial
police employees to provide help and services both in terms of
investigation and research in criminal cases. Umda in Jeddah also
contributes to maintaining social order by providing information about
the local population, visitors and those wanted upon police request
(Humaidan and Sheraya, 2009).
Adjudicating
There is no neighbourhood-based prosecution in Saudi Arabia in the
strict Western sense, but we can see similar community court in Saudi
Arabia, because local community plays a role in the sentencing process
through consultation in the judicial process.
By and large, Western scholars have developed the consensus that
Islamic law is strict, sometimes overly so; however, the strict
punishment is based on strong evidence and careful considerations. The
Islamic judge will look into the criminal motives, the tool used, the
circumstance wherein the crime occurs, and the evidence of crime. The
judge will impose the Hadd punishment only when the suspect confesses to
the crime or there are enough witnesses to substantiate the legitimacy
of the crime. Some flimsy evidences (circumstantial or hearsay evidence)
or limited proof will not typically result in Hadd punishment. The judge
has to rely on local community for evidences and then make a judicial
decision. Typically, two witnesses are required to convict a suspect of
a Hadd crime, but in some special cases, such as adultery, four
witnesses are required (Quran, 24:4). If there is a doubt about the
guilt of a Hadd crime, the judge must treat it as a Tazir crime
(Schacht, 1982). Community members are encouraged to provide testimony
if they witnessed the crime occur. Participating in the judicial process
not only helps clarify the twists or confusions in criminal cases, but
also fosters a sense of participation and joint cooperation among the
community members. Such inclusion fits the spirit of community justice,
which views crime as a violation not only against individuals, but also
against their families and the community in which they live, instilling
a duty in the local community to be involved (Wilkinson, 1997).
The most significant idea in Islam is peace. Therefore many
judicial actions in Saudi Arabia are not to punish criminals, but to
repair the harm done to the victim and the community through
negotiation, mediation, empowerment, and reparation (Wilkinson, 1997).
This is exactly what Western community justice holds. One typical
example is the Diya system in Islam, which is congruent with
criminological assumption of retribution in the contemporary common law
system. The Diya (literally meaning 'blood money') system is a
perfect combination of criminal law and civil hearing. In the
'bargaining process' for Diya, both the offender's and
victim's families and/or tribes may sit down and discuss the case
and decide the details of the Diya. This process is very similar to
family conference adopted in Australia. If the offender's family
can not afford the Diya once the verdict is death, his or her tribe may
take the responsibility of collecting money within the tribe and help
the offender's family to pay the Diya. The tribe sometimes pays the
victim not to save the accused tribe member, but to save the
tribe's reputation. Our interviews with Saudis expose one
interesting example; one Muslim once stole 3 million riyals from his
company owner and then disappeared. The victim of the theft turned to
the thief's tribe for help. Consequently, the tribe agreed to
return 3 million riyals to him, despite the fact that the thief had
disappeared and recouping their losses was likely impossible.
In situations such as this, it is not only the tribe that can help,
but also individuals. Islam states that if someone helps another at a
critical moment, it will aid passage to heaven. Therefore, some
people--perhaps even strangers to the offender--sometimes approach the
victim's family on behalf of the offender to offer the victim or
his family Diya for the purpose of lenience on the offender. Such
efforts in seeking renouncement of the victim's families about
their rights is a virtue apparent throughout Saudi Arabia. Royal
families always play the role of mediator or hold up mediator's
behaviours. The following are some typical examples.
* Case I: Ali ibn Khalaf Al-Ahmadi pardoned his son's killer
after the intermediation of Prince Abdul Aziz Bin Saad, Deputy Governor
of Hail, and a number of Sheikhs of tribes. He did not hesitate to
declare his abdication for the sake of God Almighty (Aliqsisidaiyah
Newspaper, 21st March 2010).
* Case II: Khamis Mushayt was convicted of murdering a young man.
Her case caused a heated discussion inside and outside Saudi Arabia, and
gained substantial public sympathy. The Crown Prince, Deputy Prime
Minister and Minister of Defence and Aviation and General Inspector
Prince Sultan bin Abdul Aziz visited the victim's family for an
amnesty for her (Al-Arabia TV programme, 2005).
* Case III: The Second Deputy Premier and the Interior Minister
Prince Naif, in the presence of Governor of Taif, received Shaikh Baqmi
who announced his abdication of his legitimate right of executing the
murder. (Al Jazirah Newspaper, 26th July 2010).
* Case IV: Muhmil Mohammed Al-Harthy was murdered in 1990s. Many
reconciliation committee members and Sheikhs went to see his father for
his pardon. Persuaded by these people, the father of Slain Al-Harthy
forgave the murderer. The Royal Prince Abdul Majeed bin Abdulaziz,
Governor of Makkah region, expressed appreciation to the father and his
thanks to all of those who contributed in this good endeavour, calling
on God to reward everyone the best of rewards for their good deeds
(Alriyadh Newspaper, July 13th 2005).
Stimulated by Islam and encouraged by the Saudi government, people
from the low status also 'help' the offender in the same way.
If the victim, his family, or his tribe takes the Diya, the punishment
will be diminished based on victim's request. For instance, the
offender should be executed according to punishment established in the
Quran; however, the victim or victim's family can plea to the judge
to be lenient in his punishment after casting a Diya verdict.
Conversely, if the offender is an adult (at least 18 years old), the
victim's family members may seek to have him publicly executed. If
the offender is under 18 years old, the case can be postponed until they
reach adulthood.
Judges are typically guided by a duty to respect the victim and his
or her family's rights and decisions. Through this process, these
individuals play an important role in specifying how the victim has been
harmed by the offender and what they might need to be healed. The party
of the victim has the right to demand punishment, to grant clemency, or
to demand Diya. There are strict guidelines requiring that Diya be
carried out through a proper and judicial authority. Any victim or his
family taking money not mandated by a judge will be accused of
committing a Tazir punishable crime. In short, the Diya system
(forgiveness and passage to heaven) acts as a great incentive for the
family and community (tribe or clan) to take social responsibility.
Throughout this process, members from the communities involved play
an important role and have an impact on the final judicial decision.
These family and community based procedural factors transform the
justice profession from hidebound antagonism among citizens to
interconnected processes of problem identification, information
gathering, intervention and problem solving. All parties play a unique
and important role in the pursuit of a just resolution to criminal
incidents.
Correction
Normal judicial process is grounded in a set of procedures wherein
due process is indispensable. Comparatively, in community justice, due
consideration (an obligation to consider a range of needs and interests
of victims and offenders and the communities in which they live) is
indispensable. Traditionally, corrections enter the community, but the
community plays a minimal direct role in corrections. The new trend
tells that some localised and dynamic community-based projects, by
involving citizens in setting sanctions and evaluating correctional
priorities, can seek correctional results which restore victims and
offenders (Karp, 1999; Perry and Gorczyk, 1997). The common practices in
these new approaches include victim-offender mediation and
reconciliation, conflict resolution, reparative probation, restitution,
community service, victim services, and community capacity-building and
revitalisation (Bazemore and Griffiths, 1997; OJJDP, 1998; Umbreit and
Coates, 1999; Barajas, 1995; NIJ, 1996). Correcting in community
justice, although not an officially established system in Saudi Arabia,
exists in practice.
In Saudi Arabia, the offender's right is respected and
considered in the judicial process. For instance, the domestic division
of labour in Saudi Arabia is clear cut; males are the breadwinners of
families, while females care to the household and other family issues.
If the patriarch were to commit a crime and was sentenced to prison, it
would be a disaster for the family. The traditional justice model holds
that it is necessary to preserve a criminal's freedom so as to
counteract the rational incentives that underlie criminal activity.
However, Islam holds that if a social system, through its law, decides
to deprive the family breadwinner's liberty, his family then should
not be punished as a result. Consequently, it becomes society's
duty to provide assistance to the prisoner's family to ensure their
adaptation during the economically challenging imprisonment period.
Saudi society encourages direct intervention to provide assistance to
the family in order to mitigate the negative effects of the
imprisonment, so that they can sustain themselves and continue to
perform a normal role in the community (Awa, 1993). Local communities
and volunteer organisations often initiate services to help those
families. For example, local communities, under the leadership of
Sheikh, may offer monthly money or food to the families. In the
traditional villages, the community is even regarded as being committed
to taking care of those vulnerable families.
On a national level, the Ministry of Labor and Social Affairs of
Saudi Arabia developed a special programme to support prisoners'
families financially. The philosophy is not only to minimise the risks
faced by offenders' families, so as to prevent more crimes, but
also to guarantee the rehabilitation of the prisoners to ensure that
they do not return to crime in the future. The social security budget
for the programme in 2001 reached 3.6 billion riyals (Interior Ministry
of Saudi Arabia: online). The offender's family can apply for
financial aid or help provided by volunteers under the programme. Such
community care for those families is therapeutic and is bound to achieve
solidarity of community and national stability. In a nutshell, in Islam,
the care given to the prisoner's family is seen as a part of their
social and political rights. The society bears the responsibility and
duty to build up a harmonious and peaceful community. The main goal of
punishment in Saudi Arabia is not to inflict proportionate harm on the
offender but to repair the damage done by the offender (Bazemore and
Griffith, 1997).
Once prisoners are released from jail, they need to be incorporated
back into society. The Western community justice model theorises about
the importance of empowering prisoners so that they can live normally in
society. Earlier than the Western societies, Muslim communities were
addressing the issue of the rehabilitation of prisoners (Al-Youssef,
2003). They never hold the simplistic claim that the removal of
'bad guys' is the core strategy for solving community safety
problems. For example, they may provide money to the prisoner's
family, or offer him a job, training for jobs, or psychological
counselling. These practices seem to help prisoners return back to the
normal track and foster self-confidence, empowering them and raising
their competency level. It is also apparent that using restoration as a
principle of sanctioning, a concept that has only recently gained
attention in the West (Bazemore and Umreit, 1994; Braithwaite, 1997: Van
Ness and Strong, 1997) has been recognised and practiced in Muslim
societies for generations.
As mentioned earlier, for Tazir crimes, Islamic judges are free to
punish offenders in any manner they deem appropriate. The judge refers
to Ijma, Qiyas or 'all encompassing' and then makes a
decision. The only guiding principle for the judge is that he must
answer to God Allah and to the greater community of Muslims. In many
cases, offenders are asked to provide social services to the community
which s/he brings harms to. For instance, if one criminal were found to
have stolen shoes from a mosque, he might be punished by cleaning the
mosque for a certain period of time. Other common punishments for Tazir
crimes include counselling, fines, public and private censure, family
and tribe pressure and support, seizure of property, confinement in the
home or place of detention, and flogging. For these punishments, the
local community is highly involved in aiding the victim and the
offender's family. Further, it strengthens the capacity of
communities for self-regulation and realisation of the collective aims
of welfare (Bursik and Grasmick, 1993, Sampson, Raudenbush and Earls,
1997).
Saudi local community involvement not only helps reintroduce
offenders into society, but also helps victims and affected families to
recover from the crime and justice process. First, victims may be
restored by receiving restitution from offenders or either party's
tribe, such as monetary compensation. For instance, if one
citizen's car was stolen, his own tribe/village might raise funds
within the tribe/village to purchase a new car for him, especially if
the family's need was great. Second, victims may be offered
services to help in their recovery from the crime, including medical,
mental health, or other social services. These offerings serve as a
source of normality after experiencing a crime and as an outlet for
healing as well.
There are some special community-based organisations in Saudi
Arabia which provide a wide variety of assistance to people in need,
including victims, victims' family members, offenders, and
offenders' family members. This assistance is available to ensure
that marginalised members are not shunned, displaced, or exiled. The
largest such Saudi organisation is Alker, which has branches in most of
cities across the Kingdom. The Alker is not a professional organisation;
many workers are actually volunteers from local communities, but they do
provide help for the people or families involved in crimes or influenced
by crimes. It is obvious that Saudi society doesn't exclude any
members from the vision but tries to incorporate everyone through
assistance, which is the base of community justice.
Conclusion
Opposite to the view that seems to be held by much of the Western
world, Muslims do recognise the rights and responsibilities of various
parties, such as offenders, victims, onlookers, community institutional
representatives and criminal justice practitioners. Although there is no
fully-fledged community justice programme institutionally established by
the Saudi government or individual local communities, as in many Western
societies, it does exist in Saudi Arabia semi-formally. Western
community justice is featured on neighbourhood levels through
problem-solving, decentralisation, community of quality life and citizen
participation. The community-based judicial practice in Saudi Arabia has
these same characteristics and can, therefore, be seen as community
justice. In the crime prevention, crime adjudicating, or correcting
process, community members (victim's family, offender's
family, religious leader, tribe leaders, or the mass) are autonomously
engaged in activities that address social problems peacefully and
efficiently. Consequently, local residents see returns in the form of a
sense of safety, a sense of justice, and a sense of community.
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