in the land except by killing is to be killed—such as the one who splits the ranks of the Muslims or the caller to religious innovation. He went on to say: the Prophet, peace and blessings be upon him, ordered that a man who had deliberately lied about him be put to death. Ibn al-Daylamī asked him about a person who would not give up drinking wine, and he replied, “Whoever does not desist from it, kill him.” In another passage he—may Allah have mercy on him—explained capital punishment as a form of taʿzīr, saying: “The corrupter is like an assailant, and if the assailant cannot be repelled except by killing, he is killed.”
Third: Because the crimes of kidnapping, armed robbery, and the use of intoxicants and narcotics for the purpose of trafficking are among the serious offenses for which a judge may sentence the offender to death by way of taʿzīr, they should be heard exclusively by the General Courts. Each case must be tried before a panel of three judges, as is the practice in cases of intentional homicide and stoning. The judgment should then be submitted to the Court of Appeal and thereafter to the Supreme Judicial Council so that the verdicts may be thoroughly reviewed, thereby clearing the judiciary of liability and safeguarding against the wrongful shedding of blood.
Fourth: Administrative considerations
In view of the Council’s observation of the rising incidence of murder, armed robbery, kidnapping, drug and alcohol offenses, and the need to adopt preventive measures that will aid the Government of His Majesty the King—may Allah protect him—in its objective of establishing security and reducing crime, the Council makes the following recommendations:
- The Government—may Allah grant it success—shall strengthen the provincial administrations and security forces, ensuring in particular that those placed in authority are men known for their religious commitment, strength, and trustworthiness. Every provincial governor must feel that he is the first person responsible for maintaining security in the territory under his rule, and the police and provincial personnel must show earnestness and diligence in performing their duties, monitoring all citizens, and disciplining anyone who is negligent in his duty with a penalty sufficient to deter others like him.