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Naming and shaming is King's decision: Obeikan
By Naeem Tameem Al-Hakim
Published in The Saudi Gazette on 10 - 12 - 2009

Advisor to the Royal Court Sheikh Abdul Mohsen Al-Obeikan has said that persons culpable in the loss of life and damage caused in the recent Jeddah floods should be publicly named as “ordered by Shariah law”, but that the identification of individuals concerned is a matter on which only the King has the final say.
“Defamation under these circumstances is a pressing matter as persons involved in the disaster have committed a great sin manifested in the misuse of public funds, destruction of public facilities and the death of innocent people,” Sheikh Al-Obeikan told Okaz newspaper. “Islamic Shariah orders it and scholars have called for it.”
Al-Obeikan said that any delay in bringing accusation of corruption to trial or passing “too lenient” sentences could only exacerbate the problem of corruption.
“The King's wisdom and far-sightedness has, however, hastened the eradication of the corrupt and corruption,” Al-Obeikan said.
According to the Sheikh, deterrent penalties are sufficient, but the failings lie in the process of accountability.
“Some persons guilty of corruption do not get taken to court, for reasons unknown to me,” Al-Obeikan said, “If every case went to court, corruption would have not spread as much, even though the government is making considerable efforts to eradicate it.”
Al-Obeikan said there were well-defined laws and penalties for judges to follow when considering cases of bribery and corruption, and that their judgment and assessment produced sentences on which the King had the final say.
The formation of the fact-finding committee is a significant development in the King's anti-corruption program. “It's a program which the King has been behind for a long time and is one of the cornerstones of his judicious governance,” he said.
Al-Obeikan said the move should be supported with further practical steps to tackle the issue of flood channels around the Kingdom.
“We shouldn't wait until other disasters occur in cities like Riyadh where there has been residential construction in valley courses,” Al-Obeikan said. “Firm action needs to be taken to avoid a repetition of the disaster.”
Al-Obeikan, who is a former adviser at the Ministry of Justice, when asked by Al-Sharq Al-Awsat newspaper whether title deeds had been granted by courts for land on valley flood courses, said that “some exist.”
“I can't judge individuals, but the situation exists,” Al-Obeikan said when asked if certain details had not been made available to the judiciary in certain cases.
Al-Sharq Al-Awsat also reported that Sheikh Mohammed Bin Ibrahim, former president of the judiciary, issued a fatwa banning constructions on valley water courses.


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