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.