Divisibility provisions and their role in proving the crime
Aliquot is a legal and religious concept that has attracted the interest of jurisprudence and the judiciary since ancient times. It is directly related to murder cases and establishing criminal responsibility in the absence of conclusive evidence.
In the Saudi system, division is based on the provisions of Islamic Sharia, which is the primary source of legislation. It is applied according to precise controls and conditions aimed at achieving justice, preserving rights, and preventing the loss of blood.
What is division in Saudi law?
These are the oaths that blood relatives are charged with if they are unable to prove the murder or if there is no evidence or conclusive proof that the accused committed the murder.
When does the division begin?
Qismah is considered a means of proof in murder cases, as the Saudi regime has approved the adoption of Qismah when there is no evidence or clues proving that the killer committed his crime.
An example of this is when the victim’s body is found and the victim’s family suspects that the killer is a specific person in the absence of evidence, then the division is legal for them according to certain conditions and regulations.
What are the pillars of division?
- That someone was killed.
- The presence of the blood relatives of the deceased.
- The oaths sworn by the deceased’s guardians.
What are the conditions for division?
- The crime must be murder, so the division is not less than the soul.
- The defendant “accused of murder” must be charged and fully qualified, so the claim of division between the boy and the insane is not valid.
- The presence of pollution in the division means that there is apparent enmity between the murdered person and the person accused of the murder.
- The possibility of killing by the defendant. However, if killing is impossible, such as if the defendant proves that he is outside the country or in a distant city at that time, then the division claim is not valid.
- All of the victim’s heirs agree to demand retribution from the perpetrator.
- The heirs and those claiming the division must be commissioned men and adults, so the division from a woman or a minor is not valid.
- Lack of evidence or clues proving the murder, such as the perpetrator’s confession.
- That faith be repeated.
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Who swears in the oath?
Who swears in the oath?
Blood guardians must swear because they are the claimants to the division.
How many divisions?
The oath consists of repeated oaths that those against whom the oaths are directed will swear 50 oaths.
How to divide?
The oath is taken against the male blood relatives of the heirs, and each one of them swears fifty oaths that the defendant is the killer, and it is in the following form: “And God Almighty, besides whom there is no god, Knower of the unseen, then the testimony, the Possessor of tyranny and oppression, Owner of the kingdom and the kingdom, that the defendant killed Murthy intentionally and aggressively, as he did… And God Almighty”
Does division require retribution?
Does division require retribution?
The heirs must agree to demand retribution because it is a condition of the division, and the competent criminal judge will consider the case and hear the statements of all parties, and then rule accordingly to exact retribution from the defendant.
What are the division provisions in Saudi law?
The Saudi judiciary has permitted taking the oath based on Sharia texts that stipulate the precaution of bloodshed and that the prescribed punishments are averted by suspicion.
A decision was issued by the Supreme Court No. (46\M) dated 11\6\1442 AH, which approved an important judicial principle that the division should not be ruled in the presence of valid evidence or clues that contradict the ruling.
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