Saudi Arabia’s Execution of Bangladesh Nationals: Understanding Islamic Law

Saudi Arabia’s Execution of Bangladesh Nationals and Islamic Law

Why in the News?

• Saudi Arabia recently executed two Bangladeshi nationals in Mecca for an alleged indecent act inside a mosque. The Bangladesh government was reportedly not informed in advance and has sought clarification from Saudi Arabia through a note verbale, a formal diplomatic communication.
• The case has drawn attention to the role of Islamic law, particularly Ta’zir, in Saudi Arabia's criminal justice system.

What is known about the case?

• The two Bangladeshi citizens were executed on October 14 after being convicted by a Saudi court.
• The alleged offence reportedly took place inside a mosque in Mecca.
• The exact nature of the alleged act, the location of the mosque and details of their arrest have not been publicly disclosed.
• Bangladesh subsequently sought information from Saudi authorities regarding the case and the legal basis for the execution.
• The death sentence was reportedly upheld by a judicial authority and later confirmed through a royal order.

What is Ta’zir?

• Islamic criminal law is not a single uniform legal system. Different interpretations and schools of Islamic jurisprudence have developed different approaches.
• Saudi Arabia has historically relied heavily on the Hanbali school of Islamic jurisprudence.
• Criminal offences under classical Islamic law are broadly discussed under three categories:

Understanding the three categories

• Hudud offences have traditionally been associated with fixed punishments derived from Islamic legal sources. Examples commonly discussed include zina and theft.
• Qisas is based on the principle of retaliation. In certain cases, particularly murder, the victim's family may have a role in seeking retaliation or accepting diya, or financial compensation.
• Ta’zir applies to conduct for which Islamic law does not prescribe a fixed punishment. The judge has greater discretion in determining the appropriate punishment within the applicable legal framework.
• Ta’zir can therefore cover a wide range of offences and may involve punishments such as fines or imprisonment. In some circumstances, Saudi courts have also imposed the death penalty for Ta’zir offences.

Why is the case controversial?

• The main concern is the wide discretion associated with Ta’zir and the limited public information available about the offence.
• Important questions include:
• What specific conduct constituted the offence?
• What legal provision justified the death penalty?
• What evidence was presented before the court?
• What legal safeguards were available to the accused?
• Was adequate consular assistance provided?
• These questions are particularly important for foreign nationals who face criminal proceedings in another country.

Saudi Arabia and capital punishment

• Saudi Arabia remains one of the countries that uses capital punishment extensively.
• According to Amnesty International, at least 356 people were executed in Saudi Arabia in 2025, compared with 345 in 2024. Drug-related offences accounted for a significant share of executions in 2025.
• In 2021, Saudi Crown Prince Mohammed bin Salman announced legal reforms aimed at making the country's legal system more predictable. However, questions remain about the extent to which such reforms have been translated into enforceable legislation.
• For Bangladesh, the case also highlights the importance of consular protection and diplomatic communication, particularly because many Bangladeshi citizens work in Saudi Arabia.

What is Sharia?

• Sharia literally means the “correct path” in Arabic. In Islam, it refers to divine guidance that helps Muslims lead a moral life and develop a closer relationship with God.
• Its two major sources are the Quran and Hadith, which record the sayings and practices of Prophet Muhammad and together form the Sunna.
• Sharia should not be confused with Islamic law. Sharia is understood as divine and unchanging, while Islamic laws are human interpretations of Sharia.
• The process of interpreting Sharia is called fiqh. It developed over centuries as Islam expanded beyond the Arabian Peninsula.
• Interpretations can differ among scholars because there is no single universally accepted interpretation of every legal issue.

Why is Sharia controversial?

• Sharia becomes controversial when it is compared with modern secular legal systems, particularly over issues such as punishment, individual rights and social freedoms.
• Traditional interpretations include Hudud punishments for certain offences. These have historically included corporal punishments such as flogging and amputation.
• Such punishments generally require strict standards of evidence, and scholars have argued that these high thresholds can make their actual application difficult.
• Most Muslim-majority countries today do not regularly enforce traditional corporal punishments, although some retain them in their legal systems.
• The interpretation and implementation of Sharia therefore vary considerably between countries.

How is Sharia interpreted in Muslim-majority countries?

• Around half of Muslim-majority countries incorporate some Sharia-based provisions, particularly in areas such as marriage, divorce, inheritance and child custody.
• Only a smaller number apply Sharia partly or fully to criminal law.
• Major schools of Islamic jurisprudence, known as madhhabs, differ in their methods of interpreting Islamic law.
• Hanafi School: Emphasises reason and analogy and is widely followed in South Asia, including India and Pakistan.
• Hanbali School: Places strong emphasis on textual sources and is associated with Saudi Arabia.
• Ja‘fari School: The principal Shia school, followed mainly in Iran and parts of Iraq and other regions.
• Maliki School: Predominant in North and parts of sub-Saharan Africa and gives importance to the traditions of the people of Medina.
• Shafi‘i School: Followed in countries such as Indonesia, Malaysia, Brunei and Yemen; it systematised the hierarchy of sources of Islamic law.

Practice Question

Q. With reference to Sharia and the classification of offences under Islamic criminal law, consider the following statements:

1. Hudud offences are generally associated with prescribed punishments, while their application may require strict evidentiary standards. 
2. Qisas is primarily based on judicial discretion, and the victim’s family has no role in determining whether retaliation or compensation is sought. 
3. Ta’zir applies to offences for which Islamic law does not prescribe a fixed punishment and allows greater judicial discretion in determining the sentence. 
4. The Hanbali school is historically associated with Saudi Arabia and places strong emphasis on textual sources.

Which of the statements given above are correct?

(a) 1, 2 and 3 only
(b) 1, 3 and 4 only
(c) 2 and 4 only
(d) 1, 2, 3 and 4

Correct Answer: (b) 1, 3 and 4 only

Explanation

• Hudud offences are traditionally associated with prescribed punishments under Islamic law, and strict evidentiary requirements may apply to their enforcement. Hence, Statement 1 is Correct.
• Qisas is based on the principle of retaliation, particularly in cases involving murder or bodily harm. The victim’s family may have a role in seeking retaliation or accepting diya (financial compensation). Hence, Statement 2 is Incorrect.
• Ta’zir applies to conduct for which Islamic law does not prescribe a fixed punishment. It gives the judge greater discretion in determining the appropriate punishment within the applicable legal framework. Hence, Statement 3 is Correct.
• The Hanbali school is associated with Saudi Arabia and gives strong importance to textual sources in interpreting Islamic law. Hence, Statement 4 is Correct.