R

uyati binti Satubi, an Indonesian migrant worker from Bekasi, was executed in Saudi Arabia for murder and another migrant worker found guilty of murder, Darsem, may follow suit if she fails to pay diyat (blood money) amounting to 2 million riyals (US$547,000).

Unlike Ruyati, Darsem received an apology from the victim’s heirs following negotiations involving the Indonesian Embassy, the Lajnah Islah (similar to the Judicial Commission) and the acting governor of Riyadh. A Saudi Arabian donor who requested anonymity gave 1 million riyals to Darsem.

In Saudi Arabian law, crimes, based on their natures, are divided into two categories: had and ta’zir. The first refers to crimes for which punishment is governed by the Koran without any human intervention.

Murder, adultery, theft, robbery and drunkenness fall under this category. The punishments for the second group of crimes are decided by the kingdom after consulting scholars, legal experts and indigenous people.

In case of a murder, the murderer must be put to death as an equal retribution (qisas). But unlike the other four had crimes, the family of the murdered victim can forgive the perpetrator based on the chapter of al-Baqarah verse 178 of the Koran.

In fact, the Koran asserts that forgiveness is a relief from Almighty God. God says, “So whoever gets forgiveness from his brother, let [forgiveness] be followed by a good way and let [the forgiven person] pay [blood money] in a way that is good [too].

That is alleviation from your Lord and a mercy. Whoever exceeds the limit after that, so for him a painful chastisement.” The fine figure mentioned in a saying of the Prophet is equivalent to 100 camels. So, if a camel costs 2000 riyals, then Darsem must pay 100 camels x 2000 riyals = 2 million riyals.

Based on the schools of law that developed and are adhered to in Saudi Arabia, murder is categorized as qatl bil amd (intentional murder) and qatl ghair amd (unintentional murder/manslaughter).

They are distinguished based on the nature of the murder and evidence. Of course, the punishments are different. A murder can be declared intentional or not based on evidence and witnesses’ testimony.

Referring to the cases of Ruyati and Darsem, there are three interesting things we can observe. First, in pre-Islamic Arab tradition, any crime that resulted in blood was deemed as a hereditary issue if it involved a nomadic tribe and other tribes without any clear rules. Islam then arranged qisas, which applied to non-members of the tribe and clan. Qisas were meant to create a peaceful life.

Hence, Islamic law gives room for clemency to perpetrators in exchange for the death penalty. While some countries try to do away with capital punishment, the Prophet of Allah had addressed it many centuries ago. Narrated by Abu Huraira, Allah’s apostle said, “God laughs at the two [bodies].

One of them is a killer, but both enter the paradise. The male one was fighting in Allah’s way and then was killed [he entered the paradise]. Then the murderer repented and converted to Islam and found martyrdom [entered the paradise too].” The prophet’s message is very clear: give room for forgiveness to the perpetrators, repentance will make it better. For that reason, qisas are void if, for example, out of 10 heirs, one person chooses to forgive the convicted.

Second, Saudi Arabia’s Criminal Procedure Code is a manifestation of Hanbali fiqh as outlined in the form of legislation. Unlike in Indonesia, the Saudi Arabian Criminal Procedure Code contains a lot of jurisprudences. So, if you are a litigation lawyer, you have to memorize verses of the Koran, hadits (the prophet’s traditions) and thousands of jurisprudences that have been in place for centuries. In Saudi Arabia, the judicial authority is part of the kingdom, with the minister of justice chairing the Supreme Court.

Third, most of the criminal cases that involve Indonesian citizens occur in very private spaces. We know housemaids work in the domestic sector where legal protection is fragile and difficult.

In the case of Darsem, the murder took place as self-defense against a rape attempt. The problem,
however, the locus delicti is a private space.

Furthermore, an autopsy on the body of a Muslim should be conducted by a Muslim doctor. Examination of the witnesses or the accused must be accompanied by officers and lawyers of the same gender.

Indonesia could learn from the case of Sarah Balabagan, a Philippine maid who was sentenced to death in the United Arab Emirates six years ago.

Thanks to the lobby of president Fidel Ramos, Sheikh Zaed bin Sultan an-Nahyan asked the relatives of the victim to forgive Balabagan. And the Philippine government raised money to pay the fine. Balabagan was set for free at last.

Hopefully, Ruyati is the last Indonesian citizen executed in the Middle East, and Darsem can be set free.

The writer is a lecturer at the school of law at the University of Djuanda, Bogor, and a legal consultant.