Provisions applicable to cases of homosexuality

Provisions applicable to cases of homosexuality

Judicial rulings in Saudi Arabia are based on Islamic Sharia and the regulations issued based on it. There is no specific, independent system that exclusively addresses issues of homosexuality, but this act is criminalized and punished through a number of existing systems that aim to protect morals, public ethics, and public order. Penalties are discretionary and subject to the discretionary authority of the judge hearing the case.

Criminalization and penalties within the system to combat the crime of harassment

The Anti-Harassment Crime System is one of the most prominent systems that can be applied in this context, as it defines harassment broadly. According to Article 1, harassment is: any word, action, or gesture with a sexual connotation, made by a person towards any other person, that affects his body or honor, or offends his modesty, by any means, including modern technical means.

The penalty is increased if the perpetrator and victim are of the same sex, making this system directly applicable to homosexual acts that fall within the definition of harassment. Paragraph (2) of Article Six stipulates the following:

The penalty for the crime of harassment shall be imprisonment for a period not exceeding five years, and a fine not exceeding three hundred thousand riyals, or one of these two penalties, in the case of recidivism or in the event that the crime is accompanied by any of the following: e- If the perpetrator and the victim are of the same gender.

Criminalization and penalties within the system to combat cybercrimes

In the digital age, the cybercrime system is used to deal with the promotion of homosexuality or any related behaviors online. Article 6 of the system stipulates strict penalties for anyone who commits any of the following crimes:

Anyone who commits any of the following cybercrimes shall be punished by imprisonment for a period not exceeding five years and a fine not exceeding three million riyals, or by one of these two penalties: 1- Producing, preparing, sending, or storing anything that would harm public order, religious values, or morals. Private life via the information network or a computer.

The scope of this article includes the production, publication, or promotion of any content that calls for homosexuality or portrays it as acceptable, as it affects public morals and the religious values of society.

Procedures in the educational environment

The Ministry of Education deals firmly with any manifestations of homosexuality in schools. The Code of Conduct and Attendance for General Education Students has classified manifestations, images, or slogans that indicate homosexuality or promote them as sixth-degree violations, which are the most severe degrees of behavioral violations. According to page No. (29) of these rules, the procedures to be followed regarding them include:

• Record a report from the school administration to prove the incident.
• Invite the student’s guardian and inform him of the problem and the resulting procedures.
• Decide fifteen degrees of positive behavior.
• Transferring the student to another school.
• In cases where this is necessary, the competent security authorities will be notified immediately after the problem occurs.

conclusion

Based on the above, homosexuality is criminalized in the Saudi system and the following penalties apply to it:

• Discretionary penalties determined by the judge based on the facts and circumstances of each case.
• The penalty could be up to five years in prison and a fine of 300,000 riyals if the incident is classified as a crime of harassment between two people of the same sex.
• The penalty may reach five years in prison and a fine of 3 million riyals if the incident involved the production or publication of online content that promotes homosexuality as an attack on public morals.

For law and legal consultations..Contact the office of lawyer Abdul Majeed Al Rashid.