News peg: “Employers of illegal workers in Saudi to pay deportation cost – report”(GMA News Online)
Saudi imposes 5-yr ban & deportation cost against employers of illegal workers
“Cabinet OK’s measures against labor law violators. 5-year recruitment ban for cover-up businesses
by Muhammad Hadhadh of Saudi Gazette, last updated: Monday, April 22, 2013 12:11 pm
“Jeddah – Expatriates violating the labor law as well as the Haj and Umrah regulations will be deported and banned from reentering the Kingdom. The state will no longer bear the expense of deporting the violators except in certain unusual circumstances. These punitive measures are part of the new regulations approved by the Council of Ministers.
“There are 14 Articles in the new law drafted by the Expert Committee at the Council of Ministers, a copy of which was obtained by Okaz/Saudi Gazette.
“According to the new regulations, companies, firms and individuals involved in cover-up business would face a recruitment ban for five years. This penalty will be enforced if they involve in employing expatriates in violation of the labor law or allowing expatriates in their sponsorship to work with others or work for their own personal gain. Such workers will be deported at the expense of those who cover them up.
“Article one of the law says that the Ministry of Interior, represented by various security agencies, will be in charge of carrying out inspections to catch the violators, including those who work for their personal gain, those who stay away from sponsor or those who overstay their Haj, Umrah and visit visas or infiltrators, and will take suitable penal action against them. The violators will be deported at the expense of their employers.
“If the worker was missing from the employer who in turn informed the authorities about him (huroob), in such cases, the expense of deporting the violator will be borne by those with whom the expatriate was working. If they are arrested while working for their own personal benefit, then they will be deported at their own expense.
“In other cases, the expense shall be borne by the concerned Haj or Umrah or service firm. Such firms should inform the concerned authorities about foreigners who came on Haj, Umrah and visit visa and overstayed or absconded, and if they fail to do so, they have to face penal action for covering them up.
“Articles of the new law stipulate that all government and private companies and firms should ensure that all those employed by them or working under them are not violating provisions of the labor the residency laws.”
Newspeg: “After nearly 11 years, an overseas Filipino worker has finally been saved from death row in Saudi Arabia, after the Saudi government agreed to pay SR2.3 million (about P24.9 million) in blood money sought by his victim’s kin. xxx
“(OFW Rodelio “Dondon”) Lanuza had been languishing in jail since 2000 for the killing of Saudi national Mohammad bin Said Al-Qathani. Xxx A report on Arab News said Lanuza worked in Saudi Arabia in 1996 as a draftsman. He admitted having stabbed Al-Qathani but said it was due to self-defense.” Xxx In 2002, he was sentenced to death by beheading, the Arab News report added.” (gmanetwork.com/news)
What is “blood money” under Islamic criminal law?
From: Matthew Lippman (Associate Professor, University of Illinois at Chicago), Islamic Criminal Law and Procedure: Religious Fundamentalism v. Modern Law, 12 B.C. Int’l & Comp. L. Rev. 29 (1989), http://lawdigitalcommons.bc.edu/iclr/vol12/iss1/3
“Criminal acts are divided into three categories. Hudud offenses are crimes against God whose punishment is specified in the Koran and the Sunna. 79 (footnotes removed due to space constraints). As God’s agent, the state initiates the prosecution of the accused. Quesas are crimes of physical assault and murder punishable by retaliation-the return of life for a life in case of murder.80 The victim or the surviving heirs may waive the punishment and ask for compensation (blood-money or diyya) or pardon the offender.81 Ta’azir are offenses whose punishments are not fixed by the Koran or Sunna and are within the discretion of the qadi.82
“Quesas and Ta’azir are offenses against the person and are private wrongs. The victim or heirs initiate prosecution of Quesas and, as noted, may waive punishment and ask for compensation or pardon the offender. The state initiates prosecution of Ta’azir (according to most jurists) as part of the ruler’s responsibility to maintain public order and welfare. The victim of Ta’azir may request the sovereign to exercise the power of grace or pardon (,afw), and the sovereign, at his discretion, may choose not to punish the offender.83
xxx
“2. Quesas Offenses
“Quesas means “equality” or “equivalence.”12o Quesas are divided into crimes against the person (murder) and crimes against the body (bodily injury). Quesas crimes include murder, voluntqry killing, ipvoluntary killing, intentional physical injury or maiming, and unintentional physical injury or maiming.121
“Islam considers murder to be the most serious crime against the person. xxx
“The murderer is executed unless the victim’s family demands compensation (diyya) or pardons the offender. xxx
xxx
“Judicial and governmental decisions must conform to the Shari’a. A governmental or judicial decision must be consistent with the Shari’a; otherwise it is a nullity. The Koran urges, “[f]ollow what has been sent down to you from your Lord, and follow no friends other than He …. “155 “Judgment belongs only to God; He has commanded that you shall not serve any but Him.”’56 Moreover, “[ w ]hoso judges not according to what God has sent down-they are the unbelievers.”157
