JEDDAH: Officials are currently involved in a debate on the effectiveness of laws and institutions in tackling corruption in the public sector, with some saying that punishment is too lenient and not based on the Qur'an, and others arguing that those who enforce the laws are themselves often corrupt. The Earthly punishment for crimes involving civil servants who embezzle public funds is described as a discretionary punishment (ta'zir), unlike “hodoud” crimes which are seen as crimes against God such as adultery, apostasy, and corruption on Earth. The penalties for hodoud crimes are usually derived from the Holy Qur'an. Under interpretations of Shariah law, crimes such as murder and manslaughter allow for the plaintiff to exercise a private right known as “qisas”. In qisas cases, the family of the deceased retains the right to demand the execution of the offender, accept monetary compensation, or issue a pardon. Qisas penalties are derived from the Holy Qur'an. For financial and administrative crimes committed by civil servants, judges' verdicts depend on the magnitude of the crime. Ali Hakami, a member of the Supreme Judiciary Council, said that laws governing theft from the public purse should be based on the Qur'an and not be at the discretion of a judge. “Corruption can only be eradicated from society with the enforcement of Divine Law,” he said. “Civil servants who misuse powers or public office for personal gain, betray Almighty Allah and the country's ruler.” Issa Al-Ghaith, a judge at the Punitive Court in Riyadh, rejected the argument that there are loopholes in the law which can be exploited by unscrupulous civil servants. “A major reason for the increasing number of corruption cases is the inability of officials to expose these types of criminals and bring them to justice,” he said. “The punitive courts are an important institution in tackling corruption and I support the Ministry of Justice's decision to upgrade them into independent administrative courts.” Al-Ghaith said he was unaware of the reasons for the delay in creating up an anti-corruption commission, adding that “political will is important in setting up any organization.” “There are several other bodies tackling crime in the country, including the auditors of the Ministry of Finance, the Control and Investigation Board and Administrative Intelligence. If the Administrative Intelligence department is given more powers and support, we will see more success,” he said. Omar Al-Kholi, a professor of law, said there was nothing wrong with the laws in the country. “We do not lack laws which act as deterrents or a defined system to fight corruption. The problem lies with the people who are tasked with combating corruption. These people are either corrupt themselves or have become stuck in their ways,” he said. “There is no use going after small-time criminals and letting the big-time crooks get away. This will not help reduce crime in the country. Lenient sentences will also never deter others from repeating the actions of offenders.”
