The Theocratic Foundations of Penal Policy in Saudi Arabia: Law, Religion and Punishment in Contemporary Perspective

The penal policy of Saudi Arabia is amongst the most unique examples of a theocratic criminal justice system prevailing in the present day. As the system is based on Islamic Sharia, it vests the power of making criminal laws upon God and not the legislature, thereby creating a new perspective for understanding law, morals, and punishment. This paper seeks to critically analyse the Saudi penal policy through doctrinal, comparative, and critical analysis of its theology, laws, jurisprudence and reforms. By interacting with classical Islamic scholars and Western legal scholars as well as analysing the case study of Raif Badawi's prosecution, the paper examines whether Saudi Arabia is moving towards legal rationality or not. The comparison of Saudi laws with the laws of India, especially the Bharatiya Nyaya Sanhita, 2023, along with analysis under international human rights law, will be performed to see if there is anything that can prove that Saudi laws have become less severe, discretionary, and theological.