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"التفتيش الجنائي (فقه إسلامي)"
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تفتيش المرأة في الأنظمة الجنائية السعودية
The present paper tackles a very impor¬tant subject related to searching of women under the Saudi criminal law through the following points: 1. The Shareeiah rulings contribute to delineating procedural rules and principles related to searching suspects in criminal cases. 2. The Islamic jurisprudence has not dis¬cussed in detail all parts of criminal proce¬dures related to the searching of women in the present time. However, certain aspects related to women have been discussed by different parts of jurisprudence. 3. Searching any person is originally a transgression against his privacy but neces¬sity makes it permissible. 4. Saudi laws largely focus on the prohi¬bition of divulging womenis privacies. 5. Saudi rulers have always directed of¬ficials and staff to respect the privacies of women in accordance with the rules and principles of the Islamic Shareeiah. 6. The timing of searching of personal property should be taken into consideration. 7. The Saudi criminal Law of Procedure has not specified the concept of the crimi¬nal investigator who has the authority of searching women. 8. GCC criminal laws as well as Arab criminal laws give females due respect in case of searching or investigation. 9. International laws give some persons special immunity like diplomats and their dependents. The author recommends the following: 1. Legal researchers should give empha¬sis to procedural issues related to the search¬ing of women because they are not less im¬portant than juristic issues. 2. The executive regulations of criminal laws should clarify the concept of the crimi¬nal investigator. 3. The executive regulations of criminal laws should elaborate on the issue of search¬ing as a procedure of evidence or investiga¬tion. 4. The executive regulations of criminal laws should state the cases of involvement if the suspect is a female. 5. The executive regulations of the crimi¬nal laws should state the difference between the controls to get access and search per¬sonal properties and the ones that govern access to excepted properties. 6. Efforts exerted to highlight the care Saudi laws give to women in different cases especially when searching them as suspects. The media and other means of in¬formation should be efficiently used for this purpose.
Journal Article
