Law firm gives free legal aid

Law firm gives free legal aid Arab News

JEDDAH: The law firm of Khalid Alnowaiser, with offices in Jeddah and Riyadh, plans to provide free legal advice to the victims of social crimes in conjunction with humanitarian and charitable organizations in Saudi Arabia. As the number of violent crimes and incidents of domestic violence have increased dramatically in the Kingdom, particularly in lower socio-economic populations, the Alnowaiser law firm’s free service will serve the poor and defend their rights in the courts. “We will undertake all aspects of the pleading and the defending of poor and weak people who are not able to pay attorney fees or hire defense lawyers,” said Khalid Alnowaiser. “Our offices will concentrate on these social issues and study them, so we can help try and reduce the number of domestic violence victims in the Kingdom.” According to Alnowaiser, the law firm has begun discussions at various level and is providing legal services to charitable associations in Jeddah, Riyadh, and Dammam. The firm’s goal is to create a large network of legal services for victims throughout Saudi Arabia, especially in rural areas where such services are scarce or nonexistent. Alnowaiser said, “We are already starting to review the issues that are now before humanitarian associations, so we can prepare a complete list of persons needing these services, including cases that need to be studied and defended.” Alnowaiser confirmed the importance of defining the concept of social responsibility. He added that the concept of social responsibility is not well understood by many governmental and private sectors. He also emphasized the importance of increasing the hours of voluntary work in Saudi law offices as a first step to achieve greater social responsibility. Saudi legal offices have a great opportunity to highlight the humanitarian aspects and charities serving the community and its various classes, and the general political and business climate in the Kingdom will help to apply this moral sense to reality. Alnowaiser said, “The system called ‘pro bono’ legal work or volunteerism and community service is the most important development among international law firms. Yet, more work needs to be done. For example, some British law firms are addressing the need for semi-voluntary work less frequently than American firms. British law offices achieve 30 hours per week of semi-voluntary work, while law offices in the United States rack up 54 hours per week in the area of pro bono legal services.” Dr. Khalid Alnowaiser is a columnist and a Saudi attorney with offices in Riyadh and Jeddah. He can be reached at: Khalid@lfkan.com and/or Twitter (kalnowaiser)

Lashing in the 21st century

Lashing in the 21st century Khalid Alnowaiser | Arab News

I am fully aware that the penalty of lashing is a very sensitive issue for most people. Nevertheless, as one who seeks to uphold the law every day and who has great respect for Islam and loyalty to my country, I am compelled to speak because the image of Saudi Arabia was profoundly affected recently by a decision of one of our courts. As readers will recall, a Saudi female journalist was sentenced to lashing for her involvement in a TV program about sex. After the verdict was announced, Custodian of the Two Holy Mosques King Abdullah waived the punishment and asked the Ministry of Justice to drop the lashing. Her case and that of her colleague were then transferred to the Ministry of Information on jurisdictional grounds. This act of the king’s is what we all expect from him; he found it necessary to intervene in the case because it had become a matter of public controversy. At the same time, there are many men and women lashed daily in our country and their cases are unknown to the public. Thus, a sentence of lashing requires due consideration and deep thought. Besides, it is disturbing to learn that a substantial number of lashings involve women. This should offend our sensibilities. Of course, there must be an appropriate penalty for those guilty of violating the law and to prevent others from committing similar offenses; otherwise, anarchy and disorder would prevail in society. in this day and age, however, lashing is too harsh a penalty, especially when used on a woman; it not only destroys humanity and pride but also a person’s dignity. This is not the purpose of lawful punishments for violations in any society. Demeaning the character of the offender produces negative effects far in excess of any benefits to society. The person who is lashed loses his self-esteem and no longer cares for the consequences of his or her present or future criminal actions, no matter what punishment he or she may face. What other punishment could be harsher than lashing? It fully destroys personal dignity and creates lifelong shame among one’s neighbors, coworkers and acquaintances. What other punishment is more repugnant, particularly if the punishment is imposed on a woman who might be a mother, a sister or a daughter of any of us? We live in a country that has a regional and strategic role in the international community due to historic and geographic factors, in addition to its prominent place in the Middle East and its natural resources. What we should realize is that the Kingdom is a civilized country that is a member of the G20 and it is also one of the most important countries in the World Trade Organization (WTO). This makes Saudi Arabia the focus of the whole world in the age of open satellite channels and globalization. We must hope that our educated and open-minded scholars will develop more humane punishments in place of such brutal ones as lashing. We know of examples of great initiatives in Islamic legislation during the rule of the Prophet’s successor, Omar Ibn Al-Khattab, when he stopped the punishment for robbery during a famine. That progressive attitude clearly showed the extent of convenience and tolerance for developing alternative legislation and punishments for Islamic Law that would fit all times and places. We have lately seen some of our respectable judges taking courageous steps in creating alternative punishments that move away from physical ones. One judge in Al Baha Primary Court sentenced one of two Saudi men charged with drug violations to work the whole summer in the Office for Call and Guidance while the other was asked to work in a charitable society. There are many alternative punishments that could be utilized without resorting to harsh and demeaning measures. Why not provide training and professional programs to rehabilitate criminals and reform their behavior? Other alternative punishments could also be applied, such as compulsory attendance in certain rehabilitation programs or working in fields such as cultivation and desert reclamation. Although these alternative punishments may cost more in the short run, certainly their cost in the long run would be less. We must consider the destruction and damage to the pride, dignity and self-esteem of the individual. When people are lashed and humiliated, they may then have no desire to rehabilitate themselves and therefore become marooned in a life of crime. The time has come for our legislators to devise necessary alternative punishments and laws to protect the honor and dignity of all. Such laws will require more supervision by the judiciary in order to lessen the burdens of judges who use punishments to maintain the original purpose of punishment — to protect and preserve the rights of plaintiffs or the person who is harmed, to punish the guilty and deter them from committing another crime and to achieve justice for the victim. In this way, peace and security can prevail in society and yet not destroy a guilty person socially, mentally or psychologically. Finally, it is important to bear in mind that not every guilty person is necessarily a criminal by nature; some are good and righteous people who have simply behaved unwisely in a certain situation. — Dr. Khalid Alnowaiser is a Saudi lawyer and columnist based in Jeddah. He can be reached at khalid@lfkan.com

Saudi lawyer to present paper at IBA conference

Saudi lawyer to present paper at IBA conference Arab News

JEDDAH: Well-known Saudi lawyer Khalid Alnowaiser will participate in the Oct. 4-9 global law conference in Madrid entitled “Terrorism and Global Economic Issues,” organized by the International Bar Association (IBA). Spain’s King Carlos I will address the opening session of the conference, which will bring together international personalities, eminent judges and approximately 6,000 senior legal practitioners from 127 countries. Alnowaiser will present a paper dealing with many issues connected with the practice of law in the Kingdom. He will discuss how traditions in lawyer-client relationships and the development of the Saudi legal market have created new challenges and the need to reconsider business development strategies for Saudi law firms and foreign firms alike while emphasizing the progress made by Saudi Arabia under Custodian of the Two Holy Mosques King Abdullah. The conference sessions will focus on the legal issues relevant to the ongoing efforts led by the international community to combat and exterminate terrorism. Judge Richard Goldstone will moderate a session on the Europe Regional Forum and the Institute of Human Rights entitled “International Terrorism, the European Courts and How to Realize the Protection of the Fundamental Radical Rights.” The conference will consider other topics, including a new approach to the world monetary system and the recent international financial crisis.

The menace of terrorism

The menace of terrorism Dr. Khalid Alnowaiser

The assassination attempt last month on Prince Muhammad bin Naif, assistant minister of interior for security affairs, shows that the roots of terrorism are still strong and have gripped our society. What are the reasons for the spread of this problem? Why does the problem surface now and then in different ways despite the government’s efforts to contain it through security operations and counseling programs? It would be very difficult to give specific reasons for the phenomenon but it is quite obvious that the general atmosphere has contributed to the development and deepening of a culture that promotes extremism and violence and rejects coexistence with others. The failure in tackling some important cultural, political, economic and social issues over the past few years and in learning lessons from major crises such as the Gulf wars and the aftermath of 9/11 — which came as a warning bell to speed up reforms — have contributed to the problem. Moreover, the lack of effective participation of individuals in building society and the negligence in establishing civil society organizations in a methodical way and the shrinking of society into special interest groups as well as the contradiction between what is said and what is happening on the ground have all added to the problem. Another major reason could be the isolation and introversive characteristic of Saudi society during the recent past. Considering itself “something special” and fearing loss of identity the Saudi society has been opposing proposals that were aimed at overall development. Other factors that promoted terrorism were poverty, unemployment and an educational system that does not cater to the needs of development. The prevalence of a specific way of thinking that has been imposed on society, pillaging its freedom and preventing it from thinking outside set limits, is another reason. This peculiar thinking did not go well with the developments taking place in the outside world. This school of thought monopolized thinking in Saudi society during the last decade, causing greater seclusion, obstinacy and resistance to change. This had a negative impact on the government’s development plans because there cannot be any real progress without open and enlightened thinking. As a result, development plans produced results contrary to what was desired and failed to achieve the objectives of improving the lives of the people and changing their mode of thinking in a way that goes in harmony with the country’s development requirements. Now the time has come to look for effective solutions in order to eradicate a culture that has produced generations of terrorists. We want solutions based on a comprehensive strategy and not temporary measures or responses to specific situations or incidents — solutions that can hit the problem at its roots and not ones that deal only with symptoms. Our youths are badly in need of developing a culture of dialogue and mutual thinking. They need advice in order to cool and control explosive feelings. Youths who are prevented from entering markets and on whose faces all doors are closed have no chance of coexisting with others. We have to understand that some of these youths have been enticed and attracted by terrorist groups. We have to open new avenues and opportunities for youths in order to help them practice their hobbies and fulfill their desires in fine arts, drama, clubs, forums and all other areas considered important for human nature. A suitable atmosphere should be created for these young men to enjoy mental, spiritual and cultural stability, and make them feel that they are not sidelined but taken care of. It is the only way to prevent them from being enticed by the terror groups and protect them from being intellectually hijacked by extremist groups who brand anyone who oppose them as infidels. I am sure that no power can seduce a youth to work as a suicide bomber if he has received the lowest cultural and intellectual protection. Those who blow themselves up are the ones who have reached the stage of total mental bankruptcy and intellectual emptiness. Our educational system needs an immediate overhauling in order to play an effective role in solving the problem, instead of remaining one of the causes of the problem. The joy created by rising oil prices should not divert our attention from other economic and social issues. Expanding the base of popular participation in the decision-making process is another important area we need to focus on. This could be done by developing existing political institutions and creating new ones. We should also establish new civil society organizations in order to meet the needs of society. We will not be able to find real and correct solutions in order to tackle the problem at its roots without taking big decisions, at whatever cost. We should not leave matters until the time to tackle them and wait for the suitable time or moment when the society will be ready to accept the change. Awaiting society’s endorsement for major decisions will further complicate problems. There is an important lesson from the history of King Abdul Aziz, the founder of Saudi Arabia. He was courageous in making big decisions at times when the country was passing through difficult situations. He did not wait for society to approve the decisions because he believed that it was the leadership that leads society, not the other way round. The remarkable political, social and economic reforms carried out by Custodian of the Two Holy Mosques King Abdullah are a source of pride for every Saudi. The tremendous success achieved by our security forces under the leadership of Second Deputy Premier and Minister of Interior Prince Naif has won international acclaim. All these efforts are essential for protecting the country. But we should not focus on security solution alone; the focus should be followed by efforts to root out the problem. The counseling program is an important step in the right direction but it tries to solve the problem on the surface, not at its roots. We have to be aware that the terrorist industry is continuing production and the counseling may help confront its products but will not stop the industry. So, we should work out a comprehensive strategy to root out the problem by destroying the factories of terrorism. — Dr. Khalid Alnowaiser is a Saudi lawyer and columnist based in Jeddah. He can be reached at khalid@lfkan.com