Use this URL to cite or link to this record in EThOS: https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.433181
Title: The Saudi pre-trial criminal procedure and human rights
Author: Al-Hargan, Abdulhamid Abdullah
ISNI:       0000 0001 3405 9746
Awarding Body: University of Kent
Current Institution: University of Kent
Date of Award: 2006
Availability of Full Text:
Access from EThOS:
Access from Institution:
Abstract:
This study examines the extent to which Saudi pre-trial criminal procedural law and practice comply with international human rights standards, and provides suggestions that need to be made to the Saudi criminal justice system in order to make it fully consistent with these standards in areas in which it is deemed defective from the standpoint of international human rights law. The study cites the Islamic Shari'ah, the supreme law of Saudi Arabia, as the basis for the adopting international human rights standards applicable to the pre-trial stage in Muslim states, in general, and Saudi Arabia, in particular, in its attempt to overcome the challenge of cultural relativism, which represents the main obstacle to the advancement of human rights in the Muslim world. The issues discussed in this study include the constitutional status of the Shari'ah in Saudi Arabia, the development of the Shari ah as a body of law, its sources, and the power of the state to legislate under it. The extent to which the Shari'ah recognises the international human rights standards applicable to the pre-trial stage is examined. The status of human rights under Saudi law, and the position of the Saudi Government on international human rights instruments are also examined. The historical and philosophical origins of human rights, the development and sources of international human rights law are discussed. The controversy regarding the universality/relativity of human rights is examined, with a view to formulating an approach that takes into account both the need for universality and the reality of cultural diversity In part two of this study, international human rights standards applicable to the pre-trial stage of the criminal process, which constitute the evaluative criteria adopted by this thesis, are identified in detail. In addition, the rights of the accused in the pretrial stage under the Canadian and the Saudi Arabian criminal justice systems within the framework of international human rights standards are comparatively analysed. A critical evaluation of the findings made by the process of comparison with the aim of determining the extent to which the Saudi criminal justice system complies with international human rights standards regarding the rights of the accused in the pre-trial stage is provided. The conclusion of this study summarises its findings and highlights the changes required to be made to the Saudi criminal justice system in order to make it fully consistent with international human rights standards.
Supervisor: Uglow, Steve Sponsor: JISC Digital Islam
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.433181  DOI:
Keywords: K Law
Share: