CJUS 701 WK7 Saudi Arabia Scenario.docx.pdf

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Detained in Saudi Arabia

Natanisha Hershberger

Helms School of Government, Liberty University

Author Note

Natanisha Hershberger

I have no known conflict of interest to disclose.

Correspondence concerning this article should be addressed to Natanisha Hershberger

Email: nhershberger3@liberty.edu

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Abstract

government without permission from the government (2015). Entertainment and advertisement

Alahmadi, 2022). The Kingdom of Saudi Arabia is built on a traditional culture foundation and

Islamic (religion) law (Al Alhareth et al., 2015). Women have restricted rights, by law, men are

2017). KSA argues that the entire country is a ‘grand mosque’ and includes religious police to

make sure religious activities of Christians are not visible (Flamini, 2013). Therefore, Christians

could face the punishment of death in KSA (2017). The economy is dependent on mostly oil

exports (90%) (2017).

Keywords: Saudi Arabia, criminal justice system, Christian, Islamic law

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Detained in Saudi Arabia

Entertainment and advertisement (television and radio) are strictly operated by what the

violations against non-Muslim expats, women (foreign and domestic), and members of the

LGBTQ community (Mahoney & Alboaouh, 2017). In this document the topic(s) of discussion

Scenario

I was a civilian expat mobilized to a United States Army base Camp Arifjan, Kuwait for a

one-year government contract. One hot summer day, I was given the order to take a vehicle to

drop off equipment to a United States Airforce military base in Riyadh, Saudi Arabia. I did not

worry about the travel because I had traveled in (and around) the area before as a United States

Army Soldier during the Iraq Campaign (2003). Upon reaching my destination, completing the

mission, and deciding to stay overnight before heading back - I made plans for the following day.

Morning came, I showered and headed out to meet up with another female expat for a lunch at a

local restaurant near the base. After our lunch, my friend and I said our goodbyes, gave each

other a long hug, and went our separate ways. As I was leaving Riyadh I got pulled over by the

Saudi religious police. I assumed it was because I was fixing my phone in the vent holder while

driving. Not a big deal, right? I expected a ticket and allowed to complete my trip back to Camp

Arifjan, Kuwait (estimated 512 miles from Riyadh).

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I quickly learned that my fixing the phone had absolutely nothing to do with the reason of

KSA.

country that did not truly ‘like’ either or and not having diplomatic immunity. I immediately

filled with fear. Although I support members of the LGBTQ community and believe it is each

women had very little rights (by law) I remained quiet. I recalled the stories of women right’s

activists accusing the detention system of rape, interrogation methods that would make the

Central Intelligence Agency (CIA) blush, and deprivation of basic need restrictions because the

Kingdom of Saudi Arabia (KSA) followed the Sharia laws. Thankfully, I was released after

months of detention and interrogation without a trial date. I was simply released. However, I was

blacklisted for future port entry to the country. I was to never visit KSA again, but I still had the

privilege to live and for that I will be forever grateful.

Relations with the United States

The United States and Kingdom of Saudi Arabia (KSA) have somewhat of a complicated

history. Both Country’s have a desire to respond to threats of terroristic activities, the save

passage of oil, and the stability of the non-West region. Research conducted by Baxter and

Simpson (2015) outlines the tension rise between the United States and KSA over the Iranian

nuclear deal. Kingdom of Saudi Arabia has built a wall on the border of Iraq to keep out

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terrorists and smugglers (CIA, 2022). In further research by Baxter and Simpson, the United

With over 35 million in population (2022), the economical unemployment rate is

export in petroleum with 16% of the world’s reserves (2022). Since the spread of Covid-19, the

deficit in oil-products became noticeable. Shipments lessened (or got delayed) and the previous

other diverse factors (2022). With tourism seemingly tangled with religion, history, and culture it

is no surprise that the two-holiest sites Mecca and Medina attract intrigue and inspiration.

Although, KSA has not fully developed a tourism structure to get people from all over the globe

to travel there. Keep in mind that non-Muslims are forbidden to enter the cities (Heydari Chianeh

et al., 2018). Not only does the Crowned Prince desire an expansion of goods and services out of

the KSA, but he also wants to integrate more women into the efforts of further development in

the Country’s economy (Okonofua & Omonkhua, 2021).

Criminal Justice Structure

Historically, Kingdom of Saudi Arabia (KSA) have followed the path of the Islamic law

(Sharia law) for their codified criminal procedures (Boateng et al., 2023). The KSA monarch

structure places the King as the prime minister and the head of the Council of Ministers (Terrill,

2015, p. 622). Unlike the United States jury system for court proceedings, KSA decision-making

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during trial is based on the judge (Boateng et al., 2023). In addition, law enforcement and

and several First-Degree Courts throughout the country (2015). In the example scenario given,

Criminal Procedure (Terrill, 2015). Although Articles 4 and 64 outlines the right to counsel, it is

argued that many are not informed of such rights and there is no public defender office allotted

According to an article from news mogul Al Jazeera (2021), there are many of activists

(mostly women) incarcerated for fighting for the basic human rights of women in KSA.

Heightened awareness of human rights activists still incarcerated, possibly beaten, women raped,

and even accusatory torture are not to be taken lightly. In addition, when journalist Jamal

Khashoggi was slain by Saudi agents (2018) in Istanbul there was slow reaction by the Crowned

Prince (Al Jazeera, 2021). The Saudi members accused of the murderous acts were eventually

sentenced (punished) by the First-Degree Court (2021). Although KSA is not a Christian-based

country, Exodus 20:13 (KJV) outlines “thou shalt not kill” like (Islamic law) Quran (4:29), “…

and do not kill each other or yourselves. Surely Allah is ever Merciful to you.” Therefore, those

involved committed an ultimate sin and will pay in the afterlife for their actions.

Human Rights

“Men have authority over women because God has made the one superior to the other...”

(Holy Qur’an, 4:34). Human rights is a topic that has been an ongoing discussion (around the

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globe) and the Kingdom of Saudi Arabia has been towards the top of the list. There is ‘tolerance’

education, driving, and even the criminal justice system – therefore relying heavily on her male

becomes the “responsibility of the judge” (2015, p. 124). However, according to research

conducted by Okonofua and Omonkhua (2021), following Crowned Prince Mohammed bin

It will take time to modernize and shift a traditional valued country under the Islam (Sharia) law.

Other examples of human rights violations (although not violent in nature) include

entertainment and advertisement (Siddiqui & Adnan, 2022). There have been discussions about

shifting the restraints on the regime’s grip when it comes to advertisement (2022). KSA desires

to move from a mostly oil-based economy to a more optional production and understands that

advertising goods is great way to boost consumer wants/needs (2022). However, advertisement,

unlike the West, does not utilize women to gain the attention of goods because of the religious

and cultural norms (2022).

Religious minority groups (non-Muslim) are another example of lacking the basic right to

religious freedom. According to research conducted by Mahoney & Alboaouh (2017) the

toleration of religion (choice of) should ultimately be covered by protections of the government.

However, such protections are not the case in KSA (2017). Not only are religious groups not

protected but, according to an article by Bloom (2019), those within the LGBTQ community are

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faced with a possible death penalty, banishment, or 100 whips. According to “Law on Police Use

religious groups) has an estimate of over one million personnel, Muslim is well over 25 million.

was founded in 1932 (Terrill, 2015). Although there is a code of law and constitution, the

monarchial structure places the King at the head of the legal system and the Quran as the

and those of Shia Muslims. A woman’s testimony holds no weight in the courts of the KSA

(Terrill, 2015). Legislation to combat terrorism have been used against those of non-Islamic

faith, such as Anti-Cyber Crime Law and the use of social media (Department of State, 2019).

According to non-governmental organization (NGO) reports, in February 2019 a six-year-old

child was beheaded in front of his mother for the accusation of him not being Sunnah Muslim

(2019). For a religious foundation to be that of the Country’s law horrendous acts are

consistently displayed for anyone not ‘in line’ with the traditional Islamic way. Proverbs 21:15

states, “…destruction shall be the workers of inequity” (KJV).

In summary, efforts by the authoritarian government, such as the Kingdom of Saudi

Arabia would be crucial in authorizing (and protecting) minority groups in the country and

abiding by the laws put in place (Mahoney & Alboaouh, 2017). The Kingdom of Saudi Arabia

(KSA) is the birthplace of Islam and abides by the Sharia law to excuse the (sometimes) horrific

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actions of the government body towards members of society (Terrill, 2015). The United States

Islamic faith are treated with unjust charges – some punishable by death. The Quran speaks on

Hitler methodologies from the outside looking in. In Christianity we are reminded that “we can

do all things through Christ who strengthen us” (Philippians 4:13, KJV). The power of prayer for