Religious intolerance in Saudi Arabia - enough is enough

I realize I am taking up a very sensitive subject.


I also understand that I would be stereotyped as liberal or secular, but I don't care as long as this article provokes readers to consider thoughtfully the future of our country.

My thinking was stimulated by the participation of Sheikh Ahmed Al-Ghamdi, director of the Commission for Promotion of Virtue and Prevention of Vice in Makkah Region, at a forum held recently at Khadija Bint Khowailid Business Women Center in Jeddah. The strident reactions to his speech deserve an answer. I commend Sheikh Al-Ghamdi for his modern and civilized views in spite of the numerous difficulties he has faced. I also applaud those women who organized and attended the Jeddah forum and who daily combat the tough and inflexible culture of relegating women to second-class status because of intolerant religious edicts.

Despite all the difficulties that currently exist, the bigger issue is how to address the misguided conservative interpretation of Islam that seeks to justify greater repression of Saudi women. This fundamental issue is so problematic and complex that it has dominated and controlled ways of our thinking and the intellectual discourse in the Kingdom.

The present situation requires that we ponder the following points:

First:

Certainly, Saudi Arabia is the birthplace of Islam, where Islamic Law is followed. However, certain puritan religious leaders have ignored Islam's tolerant and flexible nature and have imposed a kind of strict interpretation that betrays our religion and the Prophet's (peace be upon him) teachings. Islam is a faith that does not require persons to establish a direct link or relationship with the Creator. Yet, regrettably, many of our clerics are still talking in the name of God and his Messenger and advancing the mistaken view that "He who opposes me also must oppose God and his Messenger." This is quite similar to the Catholic Church's stance in the Middle Ages where many people were persecuted in the name of God. One must ask, "How can Saudi society progress if it allows such a defeatist culture teaming with fear, skepticism and unequal relations between men and women?"

Second: The prevailing attitude for the past three decades is to relegate Saudi women to an inferior status. I doubt that anybody can equal this school of thought in its dogmatism and strictness with the exception of a few Muslim countries that still live in the Dark Ages. Those of us who grew up in the 1960s still remember when we could go to movies and attend festivals and other forms of entertainment in Jeddah without being harassed. Engaging in these activities was not prohibited until the rise of religious dogmatism in the recent past. Never before has our society experienced such an arbitrarily enforced separation between men and women as that which currently exists. Does this mean that Islam has changed or simply that our religious leaders have failed to keep up with modern societal trends?

The failure of this ideology of religious fanaticism is apparent, yet it continues to dominate and control Saudi society in the guise of the pious and in the name of Islam despite preaching intolerance.

Third: Saudi religious schools must enter the modern age or be an impediment to Saudi Arabia's economic and political development. Many reforms depend on an informed and tolerant citizenry. Justifying intolerance and ignorance breeds terrorism that strikes at the very security of the Kingdom. We need to consider these leaders of thought, who are called our religious scholars, of whom we should revere? Who among them has contributed anything to the advancement of the human race with scientific breakthroughs like those of Newton, Einstein, Edison, Socrates, Aristotle, or Archimedes? Instead, could they simply be memorizers who celebrate and continue to live in the past and ignore the rapid changes taking place in the world?

Fourth: Most irritating is the way that these religious dogmatists wrongfully meddle with our lives and personal freedoms contrary to the very teachings of Islam. Who gave them the power to decide how our lives should be lived? Why should a social issue like women driving cars be so contentious?

Shouldn't a woman decide this? Moreover, why is a woman not entitled to travel without the consent of a man? Why are her employment opportunities so constricted?

Fifth: When Saudis meet together, their talks center on: "This particular Sheikh has sanctioned doing this, while another Sheikh has prohibited it, describing it as an illicit taboo based on a fatwa." So, they become obsessed with what individual Sheikhs say rather than the true message of our faith. To combat this nonsense, we need to pay attention to current issues, such as the environment and climate change, the technological revolution, genetic engineering, medicine, industry, research, philosophy, and art. If we fail to do this, we would find ourselves living on the margins of history.

Sixth: In short, there is a prevailing conviction and belief that the existing situation is what the majority of Saudi society wants and, therefore, the country should listen only to the majority. I believe this is wrong. If we look at history, we will see that those who challenged current ways of thinking and advanced reforms were often in the minority. Indeed, constructive change sometimes comes about through the act of a single person, such as Nelson Mandela, Mahatma Gandhi, the great founder of the Kingdom, King Abdul Aziz, and all the prophets and messengers, including Prophet Muhammad, the Messenger of God. In order to move forward as a modern civilized society, we must make a clear and decisive choice: Either accept the current reactive and intolerant school of thought which seeks to control our lives and restrict our country's progress, or promote tolerance and intellectual pursuits to create a better and more productive future for all Saudi citizens.

— Dr. Khalid Alnowaiser is a Saudi lawyer and columnist. He can be reached at: khalid@lfkan.com

Religious intolerance in Saudi Arabia

By DR. KHALID ALNOWAISER | ARAB NEWS

Religious intolerance in Saudi Arabia - enough is enough

I realize I am taking up a very sensitive subject.

I also understand that I would be stereotyped as liberal or secular, but I don't care as long as this article provokes readers to consider thoughtfully the future of our country. 

My thinking was stimulated by the participation of Sheikh Ahmed Al-Ghamdi, director of the Commission for Promotion of Virtue and Prevention of Vice in Makkah Region, at a forum held recently at Khadija Bint Khowailid Business Women Center in Jeddah. The strident reactions to his speech deserve an answer. I commend Sheikh Al-Ghamdi for his modern and civilized views in spite of the numerous difficulties he has faced. I also applaud those women who organized and attended the Jeddah forum and who daily combat the tough and inflexible culture of relegating women to second-class status because of intolerant religious edicts.

Despite all the difficulties that currently exist, the bigger issue is how to address the misguided conservative interpretation of Islam that seeks to justify greater repression of Saudi women. This fundamental issue is so problematic and complex that it has dominated and controlled ways of our thinking and the intellectual discourse in the Kingdom.

The present situation requires that we ponder the following points:

First:

Certainly, Saudi Arabia is the birthplace of Islam, where Islamic Law is followed.  However, certain puritan religious leaders have ignored Islam's tolerant and flexible nature and have imposed a kind of strict interpretation that betrays our religion and the Prophet's (peace be upon him) teachings. Islam is a faith that does not require persons to establish a direct link or relationship with the Creator. Yet, regrettably, many of our clerics are still talking in the name of God and his Messenger and advancing the mistaken view that "He who opposes me also must oppose God and his Messenger." This is quite similar to the Catholic Church's stance in the Middle Ages where many people were persecuted in the name of God.  One must ask, "How can Saudi society progress if it allows such a defeatist culture teaming with fear, skepticism and unequal relations between men and women?"

Second: The prevailing attitude for the past three decades is to relegate Saudi women to an inferior status. I doubt that anybody can equal this school of thought in its dogmatism and strictness with the exception of a few Muslim countries that still live in the Dark Ages. Those of us who grew up in the 1960s still remember when we could go to movies and attend festivals and other forms of entertainment in Jeddah without being harassed. Engaging in these activities was not prohibited until the rise of religious dogmatism in the recent past. Never before has our society experienced such an arbitrarily enforced separation between men and women as that which currently exists. Does this mean that Islam has changed or simply that our religious leaders have failed to keep up with modern societal trends?

The failure of this ideology of religious fanaticism is apparent, yet it continues to dominate and control Saudi society in the guise of the pious and in the name of Islam despite preaching intolerance.

Third: Saudi religious schools must enter the modern age or be an impediment to Saudi Arabia's economic and political development.  Many reforms depend on an informed and tolerant citizenry. Justifying intolerance and ignorance breeds terrorism that strikes at the very security of the Kingdom. We need to consider these leaders of thought, who are called our religious scholars, of whom we should revere? Who among them has contributed anything to the advancement of the human race with scientific breakthroughs like those of Newton, Einstein, Edison, Socrates, Aristotle, or Archimedes?  Instead, could they simply be memorizers who celebrate and continue to live in the past and ignore the rapid changes taking place in the world?

Fourth: Most irritating is the way that these religious dogmatists wrongfully meddle with our lives and personal freedoms contrary to the very teachings of Islam. Who gave them the power to decide how our lives should be lived? Why should a social issue like women driving cars be so contentious?

Shouldn't a woman decide this? Moreover, why is a woman not entitled to travel without the consent of a man? Why are her employment opportunities so constricted? 

Fifth: When Saudis meet together, their talks center on: "This particular Sheikh has sanctioned doing this, while another Sheikh has prohibited it, describing it as an illicit taboo based on a fatwa." So, they become obsessed with what individual Sheikhs say rather than the true message of our faith. To combat this nonsense, we need to pay attention to current issues, such as the environment and climate change, the technological revolution, genetic engineering, medicine, industry, research, philosophy, and art. If we fail to do this, we would find ourselves living on the margins of history.

Sixth: In short, there is a prevailing conviction and belief that the existing situation is what the majority of Saudi society wants and, therefore, the country should listen only to the majority. I believe this is wrong. If we look at history, we will see that those who challenged current ways of thinking and advanced reforms were often in the minority. Indeed, constructive change sometimes comes about through the act of a single person, such as Nelson Mandela, Mahatma Gandhi, the great founder of the Kingdom, King Abdul Aziz, and all the prophets and messengers, including Prophet Muhammad, the Messenger of God. In order to move forward as a modern civilized society, we must make a clear and decisive choice: Either accept the current reactive and intolerant school of thought which seeks to control our lives and restrict our country's progress, or promote tolerance and intellectual pursuits to create a better and more productive future for all Saudi citizens.

— Dr. Khalid Alnowaiser is a Saudi lawyer and columnist. He can be reached at: khalid@lfkan.com

Attorney advocates alternative penalty system

Khalid Al-Nowaiser

By ARAB NEWS

Published: Aug 26, 2010 

JEDDAH: A Saudi attorney called for a law eliminating imprisonment as a penalty for infringing upon certain private rights as part of efforts to modernize the country’s legal system.

Cases involving debts and nonviolent offenses (other than fraud, theft, bounced checks and alimony cases) should not lead to the imprisonment of an offender, said Khalid Al-Nowaiser.

Creditors should call for other remedies rather than imprisonment of debtors who can’t pay back their loans, he added.

Al-Nowaiser suggested alternatives to imprisonment, such as seizing assets or establishing liens, a travel ban on the offender, the freezing of bank accounts or garnishing wages. By employing these means, creditors would be fully protected without denying the debtor his ability to earn a living to pay back the debt.

Al-Nowaiser added that the bail of indemnity should be canceled and replaced by a financial bail, because the bail of indemnity is a clear and direct call for imprisonment, not only for debtors but also for their guarantors. As a result, both he who incurs the debt and the person who guarantees it expose themselves to the possibility of imprisonment, thus affecting their families, friends and employers. He said that a prison is a place for criminals, fraudsters and cheaters, not for insolvent persons.

He added that there are many negative consequences arising from imprisonment, because one’s incarceration becomes a gateway to criminality, mental illness and exposure to violence.

Meanwhile, the family of the imprisoned debtor loses the income and the support of the family member. Al-Nowaiser said the cost of incarceration is about SR11,000 per month per prisoner.

Saudi attorney forges alliance with Indian law firm

Saudi Ambassador to India Faisal bin Hassan Trad, second left, with Indian Federal Minister of Corporate Affairs Salman Khurshid, right, Attorney Khalid Al-Nowaiser, left, and Rohit Kochhar of Kochhar and Company in New Delhi. (AN photo)

By ARAB NEWS

Published: Aug 10, 2010 

NEW DELHI: Saudi Attorney Khalid Al-Nowaiser has said his law firm has entered into a strategic alliance with the Indian law firm, Kochhar and Co., to serve the interests of clients doing business in Saudi Arabia and India.

Kochhar and Co. is one of the largest law firms in India and has many international branches, including those in the United States, Singapore and Japan.

Al-Nowaiser commended the efforts made by Saudi Ambassador in India Faisal bin Hassan Trad in developing the relations between the two countries, including the new alliance between the Saudi and Indian law firms.

He said the relationship with Kochhar is the beginning of a “unique partnership between Saudi and Indian law firms in terms of quality and quantity of services.”

Cooperation between the two parties will not be limited to removing legal obstacles only, but will also focus on helping Saudi and Indian businessmen in investments and identifying future opportunities for bilateral joint ventures, he added.

The agreement requires each law firm to send its team to the other’s country to receive training and exchange and gain valuable legal experience. The two firms will strive to serve many multinational corporations, including the 500 largest companies in the world. Al-Nowaiser Law Firm will now be able to represent Indian companies working in the Kingdom. Similarly, Kochhar will represent Saudi companies in India.

Eureka ... (the solution for women to drive cars)

One morning while I was drinking tea at one of the hotels, I met a man who seemed fully aware of the current social situation in the Kingdom of Saudi Arabia. He shook hands with me warmly as if he had known me for a long time.

After we sat down, he stood up suddenly and exclaimed loudly as if he were singing and dancing, “Eureka... Eureka!” So I sarcastically replied, “Are you Archimedes?”

He said no, so I asked him, “Then what have you found?” He answered, “I have found the solution for women to drive cars in the Kingdom.”

I told him, “Please lower your voice, otherwise the people around us at the hotel will think that we have lost our minds. Also, why do you want me to be involved in this issue?”

He said, “My solution is a big investment opportunity, and I want you to be a part of it. Further, my idea will solve a long-standing problem in the Kingdom.”

So, I asked him, “What is the investment opportunity you are talking about?”

He answered, “We will work with one of the international car factories in order to manufacture a vehicle with special specifications suitable for Saudi society. Moreover, the factory is available and ready to start manufacturing vehicles on the condition that the vehicles to be manufactured should not be less than one million cars within the next three years.”

But I asked him, “What is the relationship between such cars and women driving cars in Saudi Arabia?”

He replied, “Now you are asking me a very important question and its answer will explain why I jumped up exclaiming ‘Eureka... Eureka’!”

He went on: “Let me draw a sketch for the car.” And he got a pen out of his pocket and he actually started drawing the sketch and explained his idea as follows: “We will ask the automobile manufacturer to produce vehicles with the steering wheel in the back, so the woman can drive the car while sitting in the back, on condition that the driver will stay in front as usual, but without any role for him in driving the car.”

I asked him, “So, what about the brake pedals?”

He said, “We will put them also in the back.”

I went further: “What about the gear box, horn, lights and other devices?”

He replied, “Everything will be in the back of the vehicle.”

I asked him: “Then what is the purpose for the driver to be in the front?”

He said: “We will meet the current social requirement by putting him in the front and thus avoid any confrontation with anyone on the issue of women driving.”

But I asked: “How can the women drive the car while the man is sitting in front of her and preventing her from seeing anything?” He said, “Now you have started to understand what I am talking about, and your questions have become more pertinent. We have several choices including strictly preventing the driver from sitting in front of the woman driving the car but instead occupying the front passenger seat; he should be no taller than 120cm which will be required to recruit him to the Kingdom so he will not prevent the woman from seeing while she is driving; asking the automobile manufacturer to reduce the height of the front seat to be lower than the woman driver’s seat; or simply make the woman drive backward on condition that the people sitting in the front seats should look forward.”

I replied, “Don’t you think that such a thing is impossible?”

He answered, “Not at all! Look at other countries like England, Singapore, or even Kenya where they have manufactured vehicles in accordance with their own needs.”

I said, “It seems that such an idea is worthy of study, but what do you want from me?”

He replied, “I need two things from you: The first is to convince Saudi authorities to allow us to import and sell such vehicles in the Kingdom, and second is to help me collect 25 percent of the total amount of the investment in the project through investors who are interested in joining us.”

I replied, “Regarding the first request, I am an ordinary man like other people and I can’t help you in such a thing, and in terms of the second request, I am only an attorney and I have no experience in the automobile business. It seems that you have wasted your time with me, because I am not someone who can help you in such a matter.” After saying this, I arose and left the man.

However, after I left, I spent a lot of time thinking about what the man has said. I couldn’t decide whether the man I met at the hotel was honestly talking about an investment opportunity, or whether he wanted to show how Saudi society is addicted to contradictions, or he was sarcastically criticizing an issue that our society has made a big deal of. Perhaps the man wanted to simplify the issue and show me that the entire issue of women being unable to drive in Saudi Arabia is simply a psychological barrier, illusion, and a mountain of fear created by our society. Anyway, I have decided not to visit this hotel again so I will avoid meeting any other “Archimedes” who will encourage me to think!

— Dr. Khalid Alnowaiser is a Saudi lawyer and columnist. He can be reached at khalid@lfkan.com
http://arabnews.com/opinion/columns/article74512.ece

Eureka ... (the solution for women to drive cars)

 By DR. KHALID ALNOWAISER | ARAB NEWS

Eureka ... (the solution for women to drive cars)

One morning while I was drinking tea at one of the hotels, I met a man who seemed fully aware of the current social situation in the Kingdom of Saudi Arabia.  He shook hands with me warmly as if he had known me for a long time.

After we sat down, he stood up suddenly and exclaimed loudly as if he were singing and dancing, “Eureka... Eureka!” So I sarcastically replied, “Are you Archimedes?”

He said no, so I asked him, “Then what have you found?” He answered, “I have found the solution for women to drive cars in the Kingdom.”

I told him, “Please lower your voice, otherwise the people around us at the hotel will think that we have lost our minds. Also, why do you want me to be involved in this issue?”

He said, “My solution is a big investment opportunity, and I want you to be a part of it.  Further, my idea will solve a long-standing problem in the Kingdom.”

So, I asked him, “What is the investment opportunity you are talking about?”

He answered, “We will work with one of the international car factories in order to manufacture a vehicle with special specifications suitable for Saudi society. Moreover, the factory is available and ready to start manufacturing vehicles on the condition that the vehicles to be manufactured should not be less than one million cars within the next three years.”

But I asked him, “What is the relationship between such cars and women driving cars in Saudi Arabia?”

He replied, “Now you are asking me a very important question and its answer will explain why I jumped up exclaiming ‘Eureka... Eureka’!”

He went on: “Let me draw a sketch for the car.” And he got a pen out of his pocket and he actually started drawing the sketch and explained his idea as follows: “We will ask the automobile manufacturer to produce vehicles with the steering wheel in the back, so the woman can drive the car while sitting in the back, on condition that the driver will stay in front as usual, but without any role for him in driving the car.”

I asked him, “So, what about the brake pedals?”

He said, “We will put them also in the back.”

I went further: “What about the gear box, horn, lights and other devices?”

He replied, “Everything will be in the back of the vehicle.”

I asked him: “Then what is the purpose for the driver to be in the front?”

He said: “We will meet the current social requirement by putting him in the front and thus avoid any confrontation with anyone on the issue of women driving.”

But I asked: “How can the women drive the car while the man is sitting in front of her and preventing her from seeing anything?” He said, “Now you have started to understand what I am talking about, and your questions have become more pertinent. We have several choices including strictly preventing the driver from sitting in front of the woman driving the car but instead occupying the front passenger seat; he should be no taller than 120cm which will be required to recruit him to the Kingdom so he will not prevent the woman from seeing while she is driving; asking the automobile manufacturer to reduce the height of the front seat to be lower than the woman driver’s seat; or simply make the woman drive backward on condition that the people sitting in the front seats should look forward.”

I replied, “Don’t you think that such a thing is impossible?”

He answered, “Not at all! Look at other countries like England, Singapore, or even Kenya where they have manufactured vehicles in accordance with their own needs.”

I said, “It seems that such an idea is worthy of study, but what do you want from me?”

He replied, “I need two things from you: The first is to convince Saudi authorities to allow us to import and sell such vehicles in the Kingdom, and second is to help me collect 25 percent of the total amount of the investment in the project through investors who are interested in joining us.”

I replied, “Regarding the first request, I am an ordinary man like other people and I can’t help you in such a thing, and in terms of the second request, I am only an attorney and I have no experience in the automobile business. It seems that you have wasted your time with me, because I am not someone who can help you in such a matter.” After saying this, I arose and left the man.

However, after I left, I spent a lot of time thinking about what the man has said. I couldn’t decide whether the man I met at the hotel was honestly talking about an investment opportunity, or whether he wanted to show how Saudi society is addicted to contradictions, or he was sarcastically criticizing an issue that our society has made a big deal of. Perhaps the man wanted to simplify the issue and show me that the entire issue of women being unable to drive in Saudi Arabia is simply a psychological barrier, illusion, and a mountain of fear created by our society.  Anyway, I have decided not to visit this hotel again so I will avoid meeting any other “Archimedes” who will encourage me to think!

— Dr. Khalid Alnowaiser is a Saudi lawyer and columnist. He can be reached at khalid@lfkan.com

Challenges facing young Saudis

By KHALID ALNOWAISER | ARAB NEWS

Challenges facing young Saudis

There is no doubt that the situation of young men in Saudi Arabia is very critical, almost as difficult as the situation of Saudi women.

Given the fact that the future of the country is wholly dependent upon our youth, who comprise the largest demographic segment of Saudi society, it should be our top priority to address and solve the problems facing them. It is clear that the country's unemployment rate is rising and that the Saudization program has been ineffective and impractical. An unfortunate consequence is the growing number of expatriates who work at jobs that either do not appeal to young Saudis or require more skills than they possess.

We seem to be preoccupied with the rising price of oil instead of addressing this insidious problem that threatens to cripple Saudi Arabia’s future economic development. It is time we realized that our young men are the future of the country.

Socially, it is sad to see our youth marginalized in an unprecedented way as a result of the compulsory segregation of males and females. Their inability to interact normally in public inhibits their emotional development so that they grow up somewhat isolated as human beings. Young people are constantly watched to see that they do not interact with one another in public places. This attitude cripples their spirits and makes them place emphasis on activities that do not promote the well-being of society as a whole.

In the context of education, the situation is getting worse. Our education system places too much emphasis on theoretical materials which deal with hearts rather than minds and which ignore scientific study. The current system relies on repetition of religious principles instead of independent thinking and logic and on memorization rather than creative ideas that lead to innovation. In order to compete in the global community, young Saudis must study applied sciences and other important courses of study to strengthen and protect themselves from being misled by others, specifically terrorist organizations. Philosophy is an example of such a science, which is not taught in Saudi schools, even though it can expand one's thinking process and culminate in new ideas that can benefit the society. Other areas of study such as mathematics, music and sports need to be given more emphasis so our youth become well-rounded individuals.

Culturally, our youth have been prevented from expressing their opinions, ambitions, and expectations by forces that are focused on killing the arts. Cinemas, theaters, exhibitions, festivals, and competitions have been banned on the pretext of halal and taboo. Indisputably, art is the instrument, which creates mental, psychological and sentimental balance for individuals, helps them to act normally in their societies, and opens new and broad outlooks. During the last 30 years, art has been fought vigorously in the Kingdom, so our youth have become apathetic and uncreative. In reality, Saudi young people will remain at risk until we promote arts, which have been considered from the beginning of the creation of mankind as an essential ingredient to help human nature settle down and live in peace, stability and happiness.

In such an unhealthy environment, why are we surprised to see terrorism in our society when our youth live such painful lives where all doors of life are closed in their faces?

Rising unemployment, restrictions, and a relative lack of freedom, coupled with ignoring this problem, combine to feed terrorism. There is no question whatsoever that the Saudi government is genuinely determined to fight terrorists who threaten the Kingdom, but determination alone is not enough.

For those who love our country, it is painful to see the unprecedented and extraordinary achievements made by Saudi security forces to crush terrorists while the root causes of the problem have not been dealt with in a coordinated, serious and pragmatic manner. Unless we address this problem among our youth, we can expect more extremism and radicalism within the Kingdom.

The solution is clear. We must call upon our government officials and ourselves to address the unemployment rate among young Saudis, re-shape the educational system to make it comparable in quality to other developed nations, promote and not hinder the arts, and open up our society without the constant monitoring of our youth by self-appointed religious advocates. Only in these ways can we achieve a healthy society that will give real freedom and opportunity to our young people.

— Dr. Khalid Alnowaiser is a Saudi lawyer and columnist. He can be reached at: khalid@lfkan.com

By KHALID ALNOWAISER | ARAB NEWS

Challenges facing young Saudis

There is no doubt that the situation of young men in Saudi Arabia is very critical, almost as difficult as the situation of Saudi women.

Given the fact that the future of the country is wholly dependent upon our youth, who comprise the largest demographic segment of Saudi society, it should be our top priority to address and solve the problems facing them. It is clear that the country's unemployment rate is rising and that the Saudization program has been ineffective and impractical. An unfortunate consequence is the growing number of expatriates who work at jobs that either do not appeal to young Saudis or require more skills than they possess.

We seem to be preoccupied with the rising price of oil instead of addressing this insidious problem that threatens to cripple Saudi Arabia’s future economic development. It is time we realized that our young men are the future of the country.

Socially, it is sad to see our youth marginalized in an unprecedented way as a result of the compulsory segregation of males and females. Their inability to interact normally in public inhibits their emotional development so that they grow up somewhat isolated as human beings. Young people are constantly watched to see that they do not interact with one another in public places. This attitude cripples their spirits and makes them place emphasis on activities that do not promote the well-being of society as a whole.

In the context of education, the situation is getting worse. Our education system places too much emphasis on theoretical materials which deal with hearts rather than minds and which ignore scientific study. The current system relies on repetition of religious principles instead of independent thinking and logic and on memorization rather than creative ideas that lead to innovation. In order to compete in the global community, young Saudis must study applied sciences and other important courses of study to strengthen and protect themselves from being misled by others, specifically terrorist organizations. Philosophy is an example of such a science, which is not taught in Saudi schools, even though it can expand one's thinking process and culminate in new ideas that can benefit the society. Other areas of study such as mathematics, music and sports need to be given more emphasis so our youth become well-rounded individuals.

Culturally, our youth have been prevented from expressing their opinions, ambitions, and expectations by forces that are focused on killing the arts. Cinemas, theaters, exhibitions, festivals, and competitions have been banned on the pretext of halal and taboo. Indisputably, art is the instrument, which creates mental, psychological and sentimental balance for individuals, helps them to act normally in their societies, and opens new and broad outlooks. During the last 30 years, art has been fought vigorously in the Kingdom, so our youth have become apathetic and uncreative. In reality, Saudi young people will remain at risk until we promote arts, which have been considered from the beginning of the creation of mankind as an essential ingredient to help human nature settle down and live in peace, stability and happiness.

In such an unhealthy environment, why are we surprised to see terrorism in our society when our youth live such painful lives where all doors of life are closed in their faces?

Rising unemployment, restrictions, and a relative lack of freedom, coupled with ignoring this problem, combine to feed terrorism. There is no question whatsoever that the Saudi government is genuinely determined to fight terrorists who threaten the Kingdom, but determination alone is not enough.

For those who love our country, it is painful to see the unprecedented and extraordinary achievements made by Saudi security forces to crush terrorists while the root causes of the problem have not been dealt with in a coordinated, serious and pragmatic manner. Unless we address this problem among our youth, we can expect more extremism and radicalism within the Kingdom.

The solution is clear. We must call upon our government officials and ourselves to address the unemployment rate among young Saudis, re-shape the educational system to make it comparable in quality to other developed nations, promote and not hinder the arts, and open up our society without the constant monitoring of our youth by self-appointed religious advocates. Only in these ways can we achieve a healthy society that will give real freedom and opportunity to our young people.

— Dr. Khalid Alnowaiser is a Saudi lawyer and columnist. He can be reached at: khalid@lfkan.com

Fatwas and danger to society

What is happening in our country is terrifying. The rising incidence of fatwas (religious edicts) is extremely frightening. Fatwas that demand the murder of persons who are alleged to violate Islamic laws are extremely dangerous and destabilizing to a tolerant, civilized society. These demands are frequently issued with no thought or concern as to its breadth or the consequences to Saudi society and the nation.

Like many others, I read recently the fatwa posted on the official website of Sheikh Abdul Rahman bin Nassir Al-Barrak. It said, “Certainly the one who permits mixing of men and women — if it leads to prohibited relations — is in fact permitting prohibited relations. Any one who approves them is a kafir (unbeliever). This means he is an apostate and he should be tried for it and if he does not recant, must be executed.” My topic of discussion is not the fatwa itself, although I feel saddened that the debate triggered by the fatwa has focused more on the topic of gender mixing and not on the more important topic of issuing a fatwa to kill someone.

This is a topic that calls for not only a thorough study but the immediate intervention of the government. The state should stop such voices by all available means and not turn a blind eye to any individual, whoever he may be, issuing a fatwa calling for killing without being accountable for it in any manner. This is nothing less than a call to the law of the jungle, not of a great nation and a system in which law and order is based upon Shariah.

A question that comes up is who gives to an individual, whatever may be his status in terms of his erudition in Islamic theology and jurisprudence, the right to make killing another person permissible and call people to take someone’s life and determine his fate just because he holds a different view on certain matters. Is this not an aggression and outrage against the great religion of Islam which calls for tolerance, love and peace and shuns violence, murder and assassination? Is this not a deviation from the state’s system of law and order? Does not this amount to a total disregard for the country’s laws and all of its legal institutions?

Yes, there are issues in which members of our society have differing views. Unfortunately, those who represent themselves as official spokesmen of Islam are not promoting solutions other than the language of violence, murder, intimidation and threats as they respond to those individuals who have different opinions than their own.

Saudi Arabia has suffered a great deal from the evil of terrorism and has paid a huge price for it. We are still paying that price everyday in spite of the enormous efforts the state’s security apparatus has been making. Nevertheless, anyone who claims to have learned the Shariah and views himself as eligible to issue fatwas — even if he is right in that claim — remains free to issue fatwas, one after the other, neglecting the authority of the state, its establishments, and its prestigious justice system. Issuing fatwas demanding that someone be killed is itself terrorism, and it should be condemned because it strikes a blow at the heart of peace in our society.

It is high time that Saudi Arabia undertook not only the protection of its citizens from this menace, abuse and confusion, but also preservation of its good reputation, status and cultural image in the world. Otherwise, our silence on the matter may be interpreted as an implied consent to such fatwas and thus to tarnish the image of Saudi Arabia and its people throughout the world.

The government should take the lead in regulating the issuing of fatwas so the only option available to those who resort to issuing such fatwas when they find any one disagreeing with their views should be our courts of law. And this should be done immediately. Our system of justice and our courts should decide the punishment to those persons who are wrong in their views. The courts should be the only institution with the authority to make a decision in such matters.

Further, the system to regulate the issuing of fatwas calling for murder and physical violence should require that those who do so should be taken into custody and tried as terrorists, because they are inciting people to kill, commit violence and crimes, and create chaos and destruction. They should be punished not just as terrorists are punished, but in a more severe manner because they are causing greater damage to our society than the terrorists could ever hope for. If the present situation is left as it is, its harm will not be limited to the lives of the people and the violation of their rights.

It is shameful and lamentable that our society is preoccupied with fatwas and issues such as whether gender mixing and being alone with a woman should be allowed or not, while the rest of the world is discussing major issues such as the far-reaching effects of climate change, the role of genes in the treatment of incurable diseases, and vast studies on man, animals, nature, environment and space. Is this not a painful and sad situation? Can a society be expected to be healthy and rational if these are the issues that concern its citizens and dominate their thinking? Where is the opportunity for intellectual activities, creativity, inventiveness and participation in nation-building under a suffocating atmosphere that leaves no room for intelligence, knowledge and inventiveness?

Lastly, history and experience teach us that any changes, especially in a conservative society such as ours, must come from the top down and not from the bottom up. It is extremely dangerous for a civilized society to relegate these issues to extrajudicial voices who create a climate favorable for extremism, fundamentalism, and the ever more frequent issuing of fatwas that encourage violence.

I call on our government to make the great and bold decisions for the advancement of our society, preserving its essential character and dignity and protecting its people in such a way that every person has the ability to think, express his opinions, and move about freely and safely. The state’s bold decisions should also uproot the Taleban style of thinking in our society, and make all citizens, including those who call for violence, murder and destruction, realize that the Kingdom is a nation of humanity, peace and love.

— Dr. Khalid Alnowaiser is a Saudi lawyer and columnist. He can be reached at: khalid@lfkan.com

It is time to update arbitration rules

'It is time to update arbitration rules'

By ARAB NEWS

Published: May 2, 2010 00:15 Updated: May 2, 2010 00:15

JEDDAH: Saudi attorney Khalid Al-Nowaiser submitted research on arbitration during the International Commercial Arbitration Conference in Beirut April 15-17.

Al-Nowaiser's paper was entitled "Revision of the UNCITRAL (United Nations Commission on International Trade Law) Arbitration Rules in the Light of 30 Years of Experience: A Look into the Future".

The conference was attended by representatives of many international agencies including the United Nations, current and former governmental ministers, international and Arabian arbitrators, judges, faculty deans and university teachers.

Al-Nowaiser emphasized that arbitration has become one of the most effective means of solving disputes arising from complicated international and local commercial and economic relationships in the global community, open markets and international commercial and trade exchanges.

Arbitration has unique features unlike other means of dispute resolution, such as conciliation, settlement, jurisdiction, etc, that are used by countries and governments to solve international and local commercial disputes.

Al-Nowaiser added that due to its efficiency, international commercial entities have chosen to using arbitration as the original jurisdiction to solve commercial disputes.

However, differences among the various systems and their rules in complying with the regulations of each country and each arbitration chamber has made full global implementation of the arbitration system difficult.

Al-Nowaiser suggested in his conference paper it is now time to update some of the UNCITRAL international commercial arbitration rules in order to make them more suitable for the needs of current international developments created by the overflow of huge technology data.

He focused in his research on five recommendations: (1) revising the first article of the UNCITRAL arbitration rules regarding confirming the arbitration agreement, (2) amending article Nos. 6-8 concerning identifying the authority that chooses the arbitrators, (3) changing some of the procedural rules pertaining to arbitration claims, (4) revising article No. 27 on the appointment of specialists, and (5) amending article No. 32 regarding how long the period should be before an arbitration decision is issued.

Al-Nowaiser highlighted the importance of encouraging continuous communication and the exchange of ideas and views among all persons interested in arbitration in order to develop and update international commercial arbitration rules and procedures to make them more useful in current business arrangements.

The Law of UNCITRAL on International Commercial Arbitration was issued on June 21, 1985 in the form which has been accredited by the United Nation Commission of the International Trade Law, and was last revised by the commission of the United Nations on  June 7, 2006.

Fatwas and danger to society

By DR. KHALID ALNOWAISER | ARAB NEWS

Fatwas and danger to society

What is happening in our country is terrifying. The rising incidence of fatwas (religious edicts) is extremely frightening. Fatwas that demand the murder of persons who are alleged to violate Islamic laws are extremely dangerous and destabilizing to a tolerant, civilized society. These demands are frequently issued with no thought or concern as to its breadth or the consequences to Saudi society and the nation.

Like many others, I read recently the fatwa posted on the official website of Sheikh Abdul Rahman bin Nassir Al-Barrak. It said, “Certainly the one who permits mixing of men and women — if it leads to prohibited relations — is in fact permitting prohibited relations. Any one who approves them is a kafir (unbeliever). This means he is an apostate and he should be tried for it and if he does not recant, must be executed.” My topic of discussion is not the fatwa itself, although I feel saddened that the debate triggered by the fatwa has focused more on the topic of gender mixing and not on the more important topic of issuing a fatwa to kill someone.

This is a topic that calls for not only a thorough study but the immediate intervention of the government. The state should stop such voices by all available means and not turn a blind eye to any individual, whoever he may be, issuing a fatwa calling for killing without being accountable for it in any manner. This is nothing less than a call to the law of the jungle, not of a great nation and a system in which law and order is based upon Shariah.

A question that comes up is who gives to an individual, whatever may be his status in terms of his erudition in Islamic theology and jurisprudence, the right to make killing another person permissible and call people to take someone’s life and determine his fate just because he holds a different view on certain matters. Is this not an aggression and outrage against the great religion of Islam which calls for tolerance, love and peace and shuns violence, murder and assassination? Is this not a deviation from the state’s system of law and order? Does not this amount to a total disregard for the country’s laws and all of its legal institutions?

Yes, there are issues in which members of our society have differing views. Unfortunately, those who represent themselves as official spokesmen of Islam are not promoting solutions other than the language of violence, murder, intimidation and threats as they respond to those individuals who have different opinions than their own.

Saudi Arabia has suffered a great deal from the evil of terrorism and has paid a huge price for it. We are still paying that price everyday in spite of the enormous efforts the state’s security apparatus has been making. Nevertheless, anyone who claims to have learned the Shariah and views himself as eligible to issue fatwas — even if he is right in that claim — remains free to issue fatwas, one after the other, neglecting the authority of the state, its establishments, and its prestigious justice system. Issuing fatwas demanding that someone be killed is itself terrorism, and it should be condemned because it strikes a blow at the heart of peace in our society.

It is high time that Saudi Arabia undertook not only the protection of its citizens from this menace, abuse and confusion, but also preservation of its good reputation, status and cultural image in the world. Otherwise, our silence on the matter may be interpreted as an implied consent to such fatwas and thus to tarnish the image of Saudi Arabia and its people throughout the world.

The government should take the lead in regulating the issuing of fatwas so the only option available to those who resort to issuing such fatwas when they find any one disagreeing with their views should be our courts of law. And this should be done immediately. Our system of justice and our courts should decide the punishment to those persons who are wrong in their views. The courts should be the only institution with the authority to make a decision in such matters.

Further, the system to regulate the issuing of fatwas calling for murder and physical violence should require that those who do so should be taken into custody and tried as terrorists, because they are inciting people to kill, commit violence and crimes, and create chaos and destruction. They should be punished not just as terrorists are punished, but in a more severe manner because they are causing greater damage to our society than the terrorists could ever hope for. If the present situation is left as it is, its harm will not be limited to the lives of the people and the violation of their rights.

It is shameful and lamentable that our society is preoccupied with fatwas and issues such as whether gender mixing and being alone with a woman should be allowed or not, while the rest of the world is discussing major issues such as the far-reaching effects of climate change, the role of genes in the treatment of incurable diseases, and vast studies on man, animals, nature, environment and space. Is this not a painful and sad situation? Can a society be expected to be healthy and rational if these are the issues that concern its citizens and dominate their thinking? Where is the opportunity for intellectual activities, creativity, inventiveness and participation in nation-building under a suffocating atmosphere that leaves no room for intelligence, knowledge and inventiveness?

Lastly, history and experience teach us that any changes, especially in a conservative society such as ours, must come from the top down and not from the bottom up. It is extremely dangerous for a civilized society to relegate these issues to extrajudicial voices who create a climate favorable for extremism, fundamentalism, and the ever more frequent issuing of fatwas that encourage violence.

I call on our government to make the great and bold decisions for the advancement of our society, preserving its essential character and dignity and protecting its people in such a way that every person has the ability to think, express his opinions, and move about freely and safely. The state’s bold decisions should also uproot the Taleban style of thinking in our society, and make all citizens, including those who call for violence, murder and destruction, realize that the Kingdom is a nation of humanity, peace and love.

— Dr. Khalid Alnowaiser is a Saudi lawyer and columnist. He can be reached at: khalid@lfkan.com

The Need for Saudi Judicial Reforms

Wednesday, 03 March 2010

The Need for Saudi Judicial Reforms

Dr. Khalid Alnowaiser

Saudi Arabia has a significant problem with the recent explosion in the number of lawsuits filed in its Courts.  Commercial and economic progress is being adversely affected by the delay in achieving fair Resolution of legal disputes.  The Kingdom’s judicial system is overburdened due to the number of Lawsuits, and real and meaningful reform is essential for the system to be repaired.

Although recent steps taken by the government to establish specialized courts and to increase the number of judges are helpful, they will not solve the problem unless they are accompanied by other necessary reforms. The real problem is that it is too easy to file a lawsuit, many of which are frivolous.  With mounting delays in receiving court decisions, many litigants are not receiving true justice in Saudi courts.

Litigants are not required to pay filing fees to commence a lawsuit, and if a judgment is entered against a losing party, the latter does not have to pay pre-judgment interest on the amount of the judgment to the winning party.  This rewards those persons who have economic power and can outlast their opponents. Too often, lawsuits are filed just to oppress the defendant, regardless of the true merits of the plaintiff’s cause of action.

Unfairly, courts and judges are being criticized for these delays which are not of their own making. instead, it is Saudi laws which have contributed to this untenable situation.  In fact, the existing laws actually hamper the development of economic initiatives in the Kingdom.

The present situation cries out for a fair and workable solution.  The judiciary is no place for baseless legal maneuvering that is designed to exercise economic power over those persons who truly need its Protection. Unreasonably expending the time of the courts in protracted litigation serves no one.

Therefore, it is now time to reconsider the principle of allowing litigants to file lawsuits without advancing any of the costs.  If there were fees that are imposed on every lawsuit and paid by the plaintiff upon filing his or her case, this would make many people hesitate to file malicious lawsuits designed to oppress others or to simply create delays that clog the courts.  It is essential that laws be enacted requiring the payment of court filing fees in all civil, commercial and administrative lawsuits.  But there must also be a law providing for free filing fees for those whose income is limited and who are not able to bear such fees.  The establishment of a program called “Legal Aid” to assist indigent persons in filing lawsuits would be a welcome development.

Another matter demanding attention is a solution to the current system that fails to penalize a litigant who unreasonably delays legal proceedings to discourage timely judicial decrees in order to increase the other party’s legal expenses and consume court time. It is simply wrong to reward a procrastinator by only entering a verdict for the damages sustained by the prevailing party after the former has exhausted the latter and wasted the time of the judges.  Instead, the losing party who engages in such conduct should be required to pay the attorney fees of the winning party plus all other related expenses. Such a System would reduce, if not eliminate, baseless lawsuits that are designed only to harm someone by requiring the latter to incur legal fees and costs.

The final issue involves Islamic law and the compensation of damages.  Although interest is prohibited under Shariah law, adequate compensation to the prevailing party must take into consideration the economic loss sustained when a decision is improperly delayed by the losing party.  Surely, the winning party has suffered a loss of purchase power on the amount finally awarded to him or her when the lawsuit has been unreasonably delayed by the losing party.

This loss can be calculated and should be awarded by the judge as a matter of course if it can be proved That the losing party acted improperly. It is equally important to be sensitive to the fact that the Compensation not be considered as any prejudgment interest, but rather a clear element of damages, since a sum of money today is worth less than it would have been worth when the lawsuit was filed, given the unavoidable reality of inflation which exists throughout the world.

Leaving these matters to the sole discretion of judges is problematic since it leads to wide discrepancies in judgments throughout Saudi Arabia.  Legislation is absolutely necessary to give legal authority to Judges to consider and award such fees and expenses in favor of successful litigants and against those Persons who misuse the judicial process.  When the situation arises that calls for additional damages as discussed above, judges will have confidence that they are authorized and encouraged to include such damages in the rendering of judgments.  This discretion would have a positive effect upon curtailing frivolous lawsuits filed only to oppress innocent Saudi citizens.

All Saudis interested in improving our judicial system should contemplate and discuss these possible Reforms. As they are enacted, we should see a great reduction in the number of baseless lawsuits, Improvement in judicial efficiency, and the elimination of lawsuits designed only to waste the time and Resources of our courts and judges and inflict inconvenience and expense on our fellow citizens who lack the financial ability to pursue or defend themselves in Saudi courts.

* Written for AlArabiya.net. Dr. Khalid Alnowaiser is a Saudi lawyer and columnist. He can be reached at

khalid@lfkan.com

© 2009 AlArabiya.net. All Rights Reserved

Stop sending debtors to jail

IMPRISONMENT is a hard, ugly and hateful penalty, but it may well be an unavoidable option when a crime has been committed. However, imprisonment for debt is a matter that deserves renewed attention. Saudi jails are overcrowded with people who have been imprisoned for debt, and it is anticipated that the number of such prisoners will increase in the future.

The government has sought to create solutions to this problem such as the Committee of Settlement at the Directorate General of Prisons and the Committee of Patronage of Prisoners in the several governorates of the Kingdom, in addition to the establishment of charitable societies to address the growing problem of personal debt, but unfortunately none of these address the overall problem. What is necessary is an analysis of why people are deprived of their freedom, livelihood, and contact with their families simply because they failed to properly manage their personal finances. In addition to an assault on one's dignity and disrespect of his person, in most cases there is no societal benefit to throwing people into prison for debt.

In fact, it is likely that imprisoning debtors exposes them to violent criminals who can negatively influence their character. Indeed, there is a real possibility that we are inadvertently breeding new criminals by imprisoning debtors who have committed a victimless offense. If they are imprisoned, they have no meaningful expectation of paying their creditors and their time in prison is only meant to punish them. Imprisonment does not address the bigger problem of improper debt management. Throwing any human being in prison causes much damage as his mere imprisonment is a first step in converting him to the life of a common criminal or, at a minimum, crushing his spirit so that he becomes psychologically and mentally ill and ends up as a burden on our communities or worse.

Additionally, the debtor's family loses his contributions as a provider when he is in prison after he loses his job and his income. What possible benefit is there to punishing the members of his family by denying them his financial support when he is incarcerated? Not only is the debtor punished, but so is every member of his family. And when he is released from prison, the debtor often returns a changed person with psychological problems that invariably hurt all members of his family. Consider the effect upon family members when they have to face their friends and acquaintances who condemn their imprisoned family member. How can there be any justification for this? What if the released prisoner is not rehabilitated and now turns to a life of crime? How does this help Saudi society?

No, it is long past the time when we should cease imprisoning debtors in the Kingdom. In addition to the harmful effects of the present policy on the debtor and his family, the country also suffers by having to bear the cost of imprisonment. Currently, the Saudi government spends over SR11,000 every month to maintain one prisoner.

More important, this policy violates international standards of human rights. The practice of imprisonment for private debt is a human rights violation; it is an "arbitrary detention" prohibited by Article 9 of the Universal Declaration of Human Rights. Further, the Arab Charter on Human Rights, which came into effect during the past three years, contains a similar prohibition. Imprisonment for debt also appears to be outlawed by the International Covenant on Civil and Political Rights, which plainly prohibits imprisonment merely on the grounds of inability to fulfill a contractual obligation.

It is now time to abolish the penalty of imprisonment for debtors, except for criminal cases of fraud, theft, robbery, bad checks and expenses paid for child support. An immediate law should be passed in this regard so that our country can join other nations in fashioning more appropriate remedies when one fails to pay his creditors. Although there will be those who are adversely affected if such a law is passed, it is certain that this will be less than the damage which results from incarcerating debtors.

It is also time that creditors bear their responsibilities through the creation of mechanisms in commercial dealings with others, instead of relying on imprisonment that negatively impacts society as a whole. There are several alternative solutions. Legal confiscation of movable or immovable assets to satisfy the underlying judgment, forbidding the debtor from leaving the country, freezing the debtor's bank accounts, taking a part of the debtor's wages to apply to the unpaid debt, and denying the debtor governmental privileges until the debt is fully paid are all possible solutions to this problem without the need to imprison the debtor.

Certainly, the issue of a law providing for the abolition of the penalty of imprisonment requires reforms in existing laws such as the bankruptcy and insolvency law and other laws that protect the rights of people. Overall, legal reform in this area is required in order to accomplish this worthwhile goal.

Our legislators need to end this inhuman practice immediately and strive to maintain our image as a civilized and humanitarian nation. There is no acceptable rationale for the continuance of this practice in the 21st century.

- Dr. Khalid Alnowaiser is a Saudi lawyer and columnist. He can be reached at khalid@lfkan.com

By DR. KHALID ALNOWAISER | ARAB NEWS

Stop sending debtors to jail

IMPRISONMENT is a hard, ugly and hateful penalty, but it may well be an unavoidable option when a crime has been committed. However, imprisonment for debt is a matter that deserves renewed attention. Saudi jails are overcrowded with people who have been imprisoned for debt, and it is anticipated that the number of such prisoners will increase in the future.

The government has sought to create solutions to this problem such as the Committee of Settlement at the Directorate General of Prisons and the Committee of Patronage of Prisoners in the several governorates of the Kingdom, in addition to the establishment of charitable societies to address the growing problem of personal debt, but unfortunately none of these address the overall problem. What is necessary is an analysis of why people are deprived of their freedom, livelihood, and contact with their families simply because they failed to properly manage their personal finances. In addition to an assault on one's dignity and disrespect of his person, in most cases there is no societal benefit to throwing people into prison for debt.

In fact, it is likely that imprisoning debtors exposes them to violent criminals who can negatively influence their character. Indeed, there is a real possibility that we are inadvertently breeding new criminals by imprisoning debtors who have committed a victimless offense. If they are imprisoned, they have no meaningful expectation of paying their creditors and their time in prison is only meant to punish them. Imprisonment does not address the bigger problem of improper debt management. Throwing any human being in prison causes much damage as his mere imprisonment is a first step in converting him to the life of a common criminal or, at a minimum, crushing his spirit so that he becomes psychologically and mentally ill and ends up as a burden on our communities or worse.

Additionally, the debtor's family loses his contributions as a provider when he is in prison after he loses his job and his income. What possible benefit is there to punishing the members of his family by denying them his financial support when he is incarcerated? Not only is the debtor punished, but so is every member of his family. And when he is released from prison, the debtor often returns a changed person with psychological problems that invariably hurt all members of his family. Consider the effect upon family members when they have to face their friends and acquaintances who condemn their imprisoned family member. How can there be any justification for this? What if the released prisoner is not rehabilitated and now turns to a life of crime? How does this help Saudi society?

No, it is long past the time when we should cease imprisoning debtors in the Kingdom. In addition to the harmful effects of the present policy on the debtor and his family, the country also suffers by having to bear the cost of imprisonment. Currently, the Saudi government spends over SR11,000 every month to maintain one prisoner.

More important, this policy violates international standards of human rights. The practice of imprisonment for private debt is a human rights violation; it is an "arbitrary detention" prohibited by Article 9 of the Universal Declaration of Human Rights. Further, the Arab Charter on Human Rights, which came into effect during the past three years, contains a similar prohibition. Imprisonment for debt also appears to be outlawed by the International Covenant on Civil and Political Rights, which plainly prohibits imprisonment merely on the grounds of inability to fulfill a contractual obligation.

It is now time to abolish the penalty of imprisonment for debtors, except for criminal cases of fraud, theft, robbery, bad checks and expenses paid for child support. An immediate law should be passed in this regard so that our country can join other nations in fashioning more appropriate remedies when one fails to pay his creditors. Although there will be those who are adversely affected if such a law is passed, it is certain that this will be less than the damage which results from incarcerating debtors.

It is also time that creditors bear their responsibilities through the creation of mechanisms in commercial dealings with others, instead of relying on imprisonment that negatively impacts society as a whole. There are several alternative solutions. Legal confiscation of movable or immovable assets to satisfy the underlying judgment, forbidding the debtor from leaving the country, freezing the debtor's bank accounts, taking a part of the debtor's wages to apply to the unpaid debt, and denying the debtor governmental privileges until the debt is fully paid are all possible solutions to this problem without the need to imprison the debtor.

Certainly, the issue of a law providing for the abolition of the penalty of imprisonment requires reforms in existing laws such as the bankruptcy and insolvency law and other laws that protect the rights of people. Overall, legal reform in this area is required in order to accomplish this worthwhile goal.

Our legislators need to end this inhuman practice immediately and strive to maintain our image as a civilized and humanitarian nation. There is no acceptable rationale for the continuance of this practice in the 21st century.

- Dr. Khalid Alnowaiser is a Saudi lawyer and columnist. He can be reached at khalid@lfkan.com