The Death Penalty "A Comparative Study Between Saudi Arabia and Jordan"

Abstract

The death penalty has been and still is one of the most controversial penalties, whether with regard to its value as punishment or its legitimacy as a reaction by the society towards the crime and the culprit. By its nature it is a penalty, and from the point of view of penal policy, it aims to 'weed' the society by eliminating serious offenders. Opponents of the death penalty have launched a fierce campaign for its abolition, but their arguments, in this writer's view, remain unconvincing. In this Article, a comparison is being made between the Jordanian law as a positive or 'man-made' law and the Saudi law as a law based on Islamic sharia law. The conclusion arrived at is that the Saudi law provides enough safeguards in passing the sentence that warrant keeping the death penalty and those safeguards are recommend for adoption by other countries. For example the Saudi rule requiring unanimity of judges in passing the death sentence at all stages of the trial be universally adopted, as it provides that extra guarantee of fairness, and also reduces the possibilities of passing the death sentence.