Bangladesh has asked the Saudi government for a detailed explanation of the execution of two Bangladeshi nationals in Makkah. As of 25 October, Riyadh had not formally answered the diplomatic note Dhaka sent. Dhaka wants to know the specific charges against the two, the court verdicts, whether they had legal representation during the proceedings, and where their bodies are.
On 14 October Saudi Arabia executed the two Bangladeshis for alleged “indecent acts” in a mosque in Makkah. A statement from the Saudi interior ministry named them as Nazrul Islam Abdul Basir and Sithi Akter. Saudi authorities say the sentences were carried out after judicial proceedings were completed. Officials in Dhaka say neither the Bangladesh government nor its diplomatic missions in the kingdom were told before the executions.
What is ‘ta’zir’ in Sharia law?
Saudi authorities said the two Bangladeshis were sentenced to death under ta’zir. In Islamic criminal law, ta’zir refers to punishment for offences for which there is no fixed penalty based on the Quran and Sunnah, leaving the matter to the judge’s discretion. The sentence can depend on the nature of the offence, the circumstances and the legal framework that applies.
Discussions of Islamic criminal law usually refer to three categories: hudud, qisas and ta’zir. Hudud sets fixed punishments for certain offences; qisas mainly concerns retributive justice for crimes such as murder or bodily harm; and in ta’zir, judicial discretion plays a role in setting the punishment.
Islamic jurists differ and debate, however, over the death penalty under ta’zir. One country’s judicial interpretation or practice should not be taken as the common position of every school of Islamic law. Understanding exactly what legal reasoning, evidence and provisions the death sentences in these two Saudi cases rested on would require the full court judgments.
How ta’zir differs from hudud and qisas
The debate over Saudi Arabia’s justice system becomes clearer once the differences between the three categories of Islamic criminal law are understood.
Hudud: in Islamic jurisprudence, hudud are fixed punishments for certain offences. In the usual account they include unlawful sexual relations, or zina, and theft. Jurists differ, however, over how many offences fall under hudud and how they are interpreted. Strict standards of proof are also central to applying these punishments.
Qisas: qisas is the system of retributive justice for murder or certain other offences against a person’s life. Retribution depends on the nature of the offence and the rules that apply. In some cases the victim’s family can forgive the offender or accept diyat, that is, compensation.
Ta’zir: ta’zir is the system of punishment at the judge’s discretion for offences that carry no fixed hadd punishment and do not fall under qisas. The punishment is set according to the nature of the offence and the applicable legal framework.
Ta’zir matters particularly in Saudi Arabia because judges’ power to set punishments in this category can be comparatively broad. Which conduct is treated as a crime, and why a particular punishment is imposed, therefore depends on the facts of the case, the applicable rules and the judicial decision.
Islamic law and state law
In Bangladesh, state law and the justice system rest mainly on the constitution and enacted legislation. Religious rules play a part in some areas of personal and family law. In Saudi Arabia, by contrast, Islamic Sharia is a principal foundation of the legal system, while state laws, regulations and administrative decisions also play a part in justice and governance.
Saudi judicial interpretation has historically been shaped by the Hanbali school, which gives particular weight to rules drawn from the Quran and the hadith. The kingdom’s present justice system cannot be fully understood through one school’s interpretation alone, however; state regulations and legal practice that has changed over time also play a part.
The important point is that Islamic criminal law is not a single, universally accepted penal code. Jurists’ interpretations of the same question, and the way different countries apply the law, can differ. It is therefore not accurate to present any particular punishment imposed in Saudi Arabia as the only or universal interpretation of Islamic law.
The debate over judicial discretion
Jurists have long discussed how far a judge’s discretion under ta’zir should extend. Questions arise in particular when death sentences are handed down in such cases: about how the offence is defined, the legal basis for the punishment and the guarantee that the accused receives a fair trial.
The legal scholar Chibli Mallat’s study Mapping Saudi Criminal Law analyses how state law relates to the traditional categories of hudud, qisas and ta’zir in Saudi Arabia’s criminal justice system.
While ta’zir leaves judges room for discretion in sentencing, an important question is how that power is limited or controlled. When a death sentence is imposed, transparency about the exact offence, the standard of proof, the judicial process and the opportunity to appeal is especially necessary.
Because none of this has been made public in the two Bangladeshis’ cases, the government’s request for an explanation has taken on added significance.
Dhaka seeks answers from Riyadh on six points
On 19 October Bangladesh’s consulate general in Jeddah sent a diplomatic note to the Makkah branch of the Saudi foreign ministry, asking for detailed information about the events behind the two executions and the judicial process.
Bangladesh has asked what the specific charges against them were, when and where the alleged incident took place, and when they were arrested. It has also asked for certified copies of the court judgments, the method of execution and where the bodies are now.
Bangladesh also wants to know whether lawyers were appointed for them during the investigation and trial, and whether they themselves asked for legal assistance. It has asked for clear information on whether the bodies have been buried in Saudi Arabia or will be sent to Bangladesh. Dhaka has asked for prompt answers.
Named on the prisoner list, with no mention of a death sentence
The two Bangladeshis were named on a list of prisoners sent by the Saudi authorities, but the list did not mention death sentences. Saudi Arabia sent Bangladesh a list of prisoners on 30 September that included Nazrul Islam and Sithi Akter. It gave different charges for each: an information technology offence for one and adultery for the other. It made no mention of death sentences.
The information is contained in a confidential memorandum from the Bangladesh consulate in Jeddah and in the prisoner list. According to that document, Nazrul was detained on 1 August 2023 and Sithi the following day. Both worked as cleaners.
The Saudi interior ministry’s published statement, however, said they were executed for “indecent acts” in a mosque in Makkah. How the charges on the prisoner list relate to the charges announced at the time of execution is still not clear.
What is known about the appeal court ruling
Saudi officials told Bangladesh’s consular representative that the cases had passed through several levels of the courts and that a 13-judge appeal panel had upheld the death sentences. Bangladesh has still received no satisfactory explanation of why the prisoner list did not mention the death sentences.
The Saudi authorities’ published statement said the sentences were carried out by royal order after judicial approval. But Bangladesh has yet to receive detailed records of what evidence was presented in court, how the accused were able to speak in their own defence, and whether they had lawyers.
Reports citing foreign ministry officials say the judicial process can be examined in detail only once the copies of the judgments and other documents are received.
Meeting with the Saudi ambassador on 18 October
After news of the executions became public, the Bangladesh government raised the matter through diplomatic channels. On 15 October the Bangladesh consulate in Jeddah contacted the Saudi authorities to ask for information. On 18 October, in Dhaka, Md Nazrul Islam, the foreign ministry’s secretary for bilateral affairs, met the Saudi ambassador, Abdullah Jafar bin Abiyah, and handed him a copy of the earlier diplomatic note.
State Minister for Foreign Affairs Shama Obaed Islam told journalists that Bangladesh had asked for detailed information about the executions of the two nationals. The next steps would be decided once Saudi Arabia replies, she said.
Two families’ questions, and uncertainty over the bodies
Nazrul Islam was from Brahmanbaria. He went to Saudi Arabia for work in November 2022. His family says that, although he had been in prison for a long time, they were told nothing in advance about the execution. Family members have questioned the charges and demanded that his body be brought home.
Sithi Akter was from Mirzapur in Tangail. Her family says she went to Saudi Arabia for work, and they too were stunned by the news of her execution. The families’ accounts, however, cannot settle what happened in the Saudi courts.
Diplomacy and the protection of migrant workers
Saudi Arabia is Bangladesh’s largest overseas labour market. About 3.5 million Bangladeshis work there, and their remittances play an important role in Bangladesh’s economy. Timely information about Bangladeshis detained or on trial in the kingdom, and consular assistance where needed, are therefore of great importance.
The central question in this case is not only the executions themselves. Other questions have also come up: why Bangladesh had no information about their final sentences even though they were on the prisoner list, whether they received proper legal assistance during the trial, and why the diplomatic mission was not told in advance.
On the information available so far, it cannot be concluded that Saudi Arabia violated international law. But until the full judicial records and an official explanation of the two executions are received, the key questions in the case remain unresolved.
The Bangladesh government says it will consider its next steps after receiving Saudi Arabia’s formal reply and the necessary documents. For now Dhaka is waiting for the court judgments, details of the charges and clear information on where the two Bangladeshis’ bodies are.
বাংলায় মূল প্রতিবেদন পড়ুন · Read the original Bengali report