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Wednesday 28 October 2009 (09 Dhul Qa`dah 1430)

 
‘Try imprisonment before sentencing’
Omaima Al-Fardan | Arab News
 

JEDDAH: An advisor to the Royal Council who is a prominent Islamic scholar has launched an outspoken attack on judges for handing out excessive prison and lashing sentences.

Sheikh Abdul Muhsin Al-Obaikan, who is also a member of the Shoura Council, said there was no Islamic justification for such excessive sentences. It had been proved, he claimed, that the Prophet (peace be upon him) had issued no more than 100 lashes for an offence.

He jokingly said judges would not be able to handle a 10-year prison sentence, let alone be on the receiving end of a whip. He was speaking on Monday at a weekly cultural event hosted by Abdul Makhsout Khoja in Jeddah.

Al-Obaikan was responding to a question from Abdullah Mana’a, who criticized whipping sentences that have exceeded 1,000 lashes in recent times, claiming they were damaging the country’s reputation and the wider Muslim community.

Al-Obaikan also criticized judges who did not have the capacity to preside over certain cases, adding “some would judge in some issues without reference to documents and would only give their opinion, which is not acceptable in judging.”

He said the solution was to establish a committee that would set limits on punishments handed out by judges and regulate them, as well as considering alternative forms of rehabilitation.

He added that incarcerating convicts for long periods of time when the crime did not justify such an excessive sentence would be detrimental to them in the long run.

Al-Obaikan also said the independent opinions of scholars on certain issues and cases were valid, adding “whoever says the scope of scholars’ independent opinions is closed is judging without evidence.”

Al-Obaikan also criticized imams who used their sermon at Friday prayers to speak about political issues.

“Sermons should be used to teach and guide the audience in what they should do, rather than aggravate emotions and ignite the fire of sedition,” he said.

He also attacked imams who criticized other scholars with different opinions.

Al-Obaikan was responding to a question from journalist Dalal Aziz Diya about the role the Ministry of Islamic Affairs played in monitoring Friday sermons.

 



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