Societies regulate themselves as per their own beliefs and collective ideologies, which they have every right to do. They cannot be judged from outside. They are right or wrong from the internal viewpoint only. It would be naive to think that this is about judiciary. Judicial diktats reflect collective spirit of the people. How Saudi Arabia punishes its offender has always been a matter of raging debate simply because their idea of punishment does not conform to the western notions of law and justice. And judging the Saudi Arabian system from western perspective would produce flawed results, conceptually speaking. They are not comparable not because one is as different as ’chalk’ and ’cheese’ but simply because one cannot be seen in comparison with another. Which one is ’better’ from whatever angle will always require a standard to judge a system against. And there is no standard available.

The western conception of justice might appear more humane simply because we identify with it. The people within the geographical limits of Saudi Arabia consider retributive justice as the only ’true’ kind of justice. Isn’t retribution the way of the world even today? Ask, Bush.

@Jonty

I think you have missed the essence of story. Otherwise you wouldn’t have been giving examples of US system supporting bankrupt people.

Anyways, I think giving 10 years prison time for copyright violation is insane. This means next time in US if someone is caught stealing DVD, his hands will be chopped!!!

And the irony is US judiciary/society criticizes Saudi Arabia for dealing out ”harsh” punishments.

And one more thing I find it amazing (really disturbing) that laws on copyright piracy is seen worse than child porn these days by US judiciary.

Yes, today big corporations are so powerful in the United States that they can get the FBI to focus on copyright infringement rather than spend their time tracking down real threats.

I just wonder how convicts will talk to each other.

A: What are you in for?

B: I raped a 13yr old girl and got 5-7 years, ”You?”

C: I killed a man. I got 7-10 years, “And what about you new guy?”

D: I uploaded a movie on the internet. I got 10 years

Insert US national Anthem as background music.

Yes Jonty, They look like ’chalk’ and ’cheese’ because one is chalk and looks like the other is chalk, too, but looks like cheese.

a) Are theological diktats bad or wrong or immoral or illegal simply because of the ’theological’ attached to it? Sharia is Islamic law and law is law irrespective of its origins. The law draws its legitimacy from the collective will of the people. Therefore, one law or a system of laws, so long is it is a valid law or system of laws, is neither better nor worse than any other law or system of laws, more or less legitimate.

b) Yes, it provides ample opportunties when it feels like it. Guantanamo Bay and Abu Gharib, if I am not mistaken, are beyond the pale of law. And the ’lawful, legitimate diktats’ of the US do not operate when the state is miffed at something. Law has selective operation. The Rule of Law is only when it is practicable and does not hurt the national ego.

c) Presumed innocence has been turned upside down in terror cases. A person with a Muslim surname is not only suspect but is seen as a terrorist unless he proves otherwise. Even legally, a person arrested under terror laws is presumed guilty till he proves his innocence. I think we all know about it. We also had laws like TADA and POTA that made a provision for presumption of guilt but the Indian legal system, particularly the Supreme Court, was always critical of such provisions. On account of judicial flak it attracted, POTA was allowed to lapse.

c) Yes, going beyond the law is not possible in the US because they trust collective wisdom (legislative discretion) better than the wisdom (judicial wisdom) of one or a few. That probably is right with just one glitch — there is nothing like ’collective wisdom’. There are only collective interests. Sharia is based on morality (you might disagree with their moral tenets but your morality cannot be better than their morality) while US has a utilitarian approach. The approaches are different, so there probably cannot be a comparison.

d) Law of sharia is considered to be the ultimate law. The law that has a religious basis. Something akin to the word of the Almighty. The appeal is available there too, but retribution is possible simply because one is not supposed to oppose the divine diktat. Now, this conception of law as the word of God may appear to be outdated and illogical, but that’s what they believe in. And the beliefs are above challenge.

So, there are fundamental differences in the two systems, but one thing remains common. Whoever can exercise influence does it to bend the law. Laws, therefore, serve the interest of the strong here, there, everywhere. Therefore, all systems of law are similar and not same at one level, which also means that fundamentally the judicial system in the US and and that in Saudi Arabia are similar too in the sense that they are tools for the enforcement of the dominant interests. No chalk, no cheese; only chalk and chalk.

Yes,only if the basic question is that whether big corporations hold power in US. Every system follows some philosophy, Islamic for Saudi Arabia; Capitalism (in other words big corporations) for United States.

Having analogy between the two nations punishments for different crimes is totally wrong. We don’t have one culture, thank God, all over the world, and similarly viewpoints and perceptions of the people towards different things are different and varied.

If we keep having analogies than we should also find it incredible when we hear about awarding of imprisonment for embezzlement of funds.
We find it difficult to understand that the basic purpose of any judicial system is to maintain law and order in the light of the culture of the society in which the system is working, why not it be United States or the Saudi Arabia.

@Duncan,
Duncan you sound like a tool...

Seriously applying a real world economic model where resources are limited, on a virtual economic model where resources are practically infinite.

This is nothing but American fascism.

PS: Lindsey Lohan was charged with drunk driving twice. And a hit and run. And car jacking. And had possession of cocaine. She served just over one hour of jail time. I guess sharing (not stealing) a movie is far worse than all of the above crimes by a factor of about 87600 to 1.

This is disgusting, people shouldn’t be imprisoned with rapists and murderers for sharing or uploading a movie.