Death penalty serves as a deterrent

Dr. Khalid Alnowaiser in his column, “Death Penalty in Saudi Arabia,” published on Dec. 8 has put forth very plausible arguments questioning the literal application of Shariah in several matters and specifically covering the issue of death penalty.
The provisions contained in Holy Qur’an provides us guidance to deal with different social and economic issues and does not restrict us to move forward in adapting with the changes as long as there is no gross violation of the provisions and the spirit of the divine law. Sometimes, it becomes amusing to see the people calling for Fatwa on purely administrative issues such as imposition of fee for employing expatriates.
While, it will not be possible to abolish death penalty and in fact, it must be continued as a deterrent, the rules of applicability needs to be revisited. First of all, the guilt be proved beyond all possible doubts and if there is a slightest doubt about the person’s involvement in the killing, the determination of guilt be suspended until that doubt is eliminated totally. Secondly, the witnesses must be cross examined rigorously to ensure that their testimonies are totally impartial and that they were in their full senses at the scene of the crime. Thirdly, the jury must give due weight to the circumstances that resulted or were responsible for the act of homicide. Here, there is one issue which is highly debatable; whether or not the person who killed a person at the spur of a moment of anger or after being incited by some incident be treated in the same manner as the one who committed such an act in a planned and premeditated manner.
Most importantly, not only the decision involving death sentence be determined unanimously by a jury comprised at least three experienced judges, but, all such decisions must also be endorsed by a bench of at least three judges of the highest court in the Kingdom, again unanimously.
Yes, there is a need to do away with the execution of death penalty in public as it serves nobody’s interest now. — Safi H. Jannaty, Dammam