The Extent of the Guardian's Right to Pardon Crimes and Penalties in Accordance with the Provisions of the Shari'a and the Saudi Penal Regulations

The study addressed an important issue concerning the extent of the legal guardian's right to pardon crimes according to the provisions of Shari'a and the Saudi penal system within two independent approaches. In the first part, we addressed the amnesty of the legal guardian in Sharia. We discussed the extent to which it is permissible to pardon the violent crimes, crimes of retribution, deception and crimes of ta'zir. It was concluded that crimes are not pardoned at all by the legal guardian or the individuals, whether in Sharia or in the civil system. As for the crimes of Kissas and Diyyat, the rulings of Sharia and the Saudi penal laws are consistent with the non-right of legal guardian to pardon. The right to pardons is limited to the avengers of blood heir if they are related to their own rights without public rights. The legal guardian has the right to pardons them if they concern the Islamic values. It is observed that there are differences of jurisprudence about the right of the legal guardian to pardon the crimes of Taizir, some of whom allowed the legal guardian absolute pardon in all crimes. Others believe the restriction of this right to a certain group of them.The second part of this study focuses on the legal conditions and effects of the amnesty issued by the legal guardian. It is concluded that Islamic jurisprudence did not stipulate conditions for the issuance of a pardon by the legal guardian. These conditions were drawn through the sayings of the Islamic jurists ‘Fuqaha’. The penal system in Saudi Arabia is clear regarding this issue; amnesty whether is private or public, it does not affect the personal rights of the victim. According to the above, a number of conclusions and recommendations were mentioned at the end of the research .


Introduction
Islamic law is the cornerstone upon which the legal systems of Saudi Arabia are built, 1 where its principles are general and abstract, applied to all individuals without exception, where it is doesn't prefer anyone over another, which preserves the status and prestige of the Sharia in the souls. No one denies that it is the law of perfection and eternity; it did not overlook an aspect of human life until it provided all its needs and requirements. As its provisions protect the interests of human beings in every age, and the rights of people are preserved everywhere and at any time, and often if not always legislation is characterized by a lack of ambiguity. Perhaps some Saudi legal systems are good example of this. There are many issues not listed in the legal systems, but it came well defined in Islamic law. They constitute fundamental principles that are by no means indispensable, and this led the Saudi organizer to rationing it in his legislation, one of these issues relates to the subject matter "The extent to which a guardian is entitled to pardon crimes for the public right", where such an amnesty constitutes a benefit to the public interest.
Islamic law has attributed the application of this important principle to the guardian, as a representative of the Muslim community and their agent in the care of their interests, which are embodied in establishing religion and keeping the community together. As a general rule, the guardian is considered a guardian of those who have no guardian. Islam is a religion of tolerance and forgiveness, and amnesty is a feature of Sharia, but later when the guardian authority base decided to pardon, it has established controls and standards aimed at achieving the supreme public interest of the nation and preserving the rights of individuals and groups. The Saudi penal system is in full conformity with the provisions of Islamic law regarding the idea of a pardon issued by the guardian.
In its balance between amnesty and punishment, Islamic law views them through two things: the first is 2.
What is the legal basis for the guardian's right to pardon?

3.
What are the offenses for which the guardian is entitled to pardon?

4.
Why does the guardian not have the right to pardon marginal and parental crimes?

5.
What are the legal and legal requirements that must be met in the amnesty issued by the guardian? 6.
What are the implications of a criminal case when a pardon was issued from the guardian?

7.
What is the difference when issuing an amnesty between the rights of God and the rights of people? 8.
What are the main findings and recommendations of the researcher in the study?

Research Plan
Our research entitled "The Extent of the Guardian's Right to Pardon Crimes and Penalties in Accordance with the Provisions of the Shari'a and the Saudi Penal Regulations" was divided into two topics after a general introduction. The first section deals with the extent of the guardian's right to pardon in accordance with the provisions of Islamic law and the Saudi regime.
Then, in the second section, we deal with the conditions and the legal and legal effects of amnesty according to the following division: The first topic: amnesty in Islamic law and the Saudi penal system (The objective framework for the amnesty of the guardian in Shari'a and law ) The first requirement: what is the pardon issued by the guardian. Section I: The concept of amnesty in language and terminology. Section II: The concept of guardian in language and terminology. First branch: Legal and regular authority of the guardian in pardoning border crimes The second requirement: the legal basis for amnesty issued by the guardian Subchapter II: The legal and legal authority of the guardian in pardoning the crimes of retribution and parental The third requirement: The legitimate and formal position of the extent of the guardian's right to pardon the crimes of Ta'zir.
Section I: The position of the Islamic Shari'a on the pardon of the guardian for the offense crimes. Section II: The position of the Saudi criminal regulator on the pardon of the guardian from the reinforcing punishment.
The second topic is the conditions and effects arising from the amnesty of the guardian in Islamic jurisprudence and the system (Procedural framework for guardian amnesty in Shari'a and order) 1.
The first requirement: Guardian amnesty conditions in jurisprudence and order.
thing. Judgment in the movement of the fracture means: Principality and Sultan. The judgment in the movement of conquest means: victory and descent.
In the Saudi system, the concept of "guardian" is transferred to the supreme shrine, and this was confirmed by the circular of the Minister of Interior issued on 1/6/1421 under No. 3152, which states: "The guardian may pardon the reinforcing punishment ... It is the high place 1 .

The second requirement
The legal basis for the pardon issued by the guardian As usual, Islamic law preceded all positive legislation by establishing a legal basis for amnesty issued by the guardian. Which is considered to be a projection of public suit if it comes before the judgment is rendered, while the amnesty is considered the subject of punishment if it is sentenced, the provision of amnesty differs as to whether the crime is a marginal, a punishable offense, or a crime of retribution and blood money. This is what we will describe in succession in the following sections: First branch The legal and legal authority of the guardian in pardoning border crimes First: -What are the border crimes and the position of Shara and the regime Border crimes are defined as: crimes related to the rights of God, punishable by a severe penalty, really destined to God, and do not accept the projection of either the guardian or individuals when the limit obligations are available 2 , its penalties are prescribed by law in both quantity and type 3 . In other words, "those crimes defined by Shari'a exclusively and punishable by Alhad, and Alhad is the punishment that is truly set by God 4 , it means that the penalty is assessed to be specific and has no minimum or maximum. This means that it is really for Allah Almighty, it does not accept any projection neither the individuals nor the guardian 5 .
The Saudi penal systems agree with what is stated in the Islamic Shari'a regarding the lack of pardon of the guardian in the crimes of the border, because these crimes are the exclusive right to the face of God Almighty. Therefore, does not have the guardian nor the victim or anyone to pardon them, and this is unanimously consistent scholars 6 , but none of them have intercession in them, if it is proven and raised to the guardian, there is no way for the latter to establish God's law on them.
There is no doubt that the inauguration of the Imam or the Caliph is one of the greatest purposes of Islamic law in order to establish the borders of God, and to maintain security and common justice among the people 7 . The imam or rather the guardian or others have no right of pardon, not even intercession. Accordingly, if the border reaches the guardian, there is no excuse for the latter except to establish it in the manner required by the provisions of Shari'a.
Second: -Forensic evidence that no amnesty is permissible at the Alhud The Qur'anic verses and hadiths are clear and explicit in the statement that the imam is not entitled to pardon at the border, while at the same time obliging him to establish the limits of Allah. It is the Sunnah of the Prophet Muhammad peace be upon him, "Recover the border between you because the "hud" I have reached is set" 8 . There is no doubt that this talk is an invitation to individuals not to raise, or override, which confirms the legitimacy of the amnesty before reaching the guardian 9 . In the sense of infringement, if the order reaches the guardian, it must be implemented and also the words of the Prophet (peace and blessings of Allaah be upon him "Whoever comes to you and commands you all on one man who wants to break your stick, or divide your congregation and kill him? " 1 .
In this regard, it is said that the address is addressed to the general Muslims, since the establishment of religion and ceremony is the responsibility of the Muslims on their behalf 2 .
In the same sense, Shaykh al-Islam Ibn Taymiyyah goes on to say that "the "hudod" of Allah are beneficial for Muslims, and all of them need them, and the governors must search for him, and set up without the suit of one, as well as the testimony therein without the suit of one. The limits must be established on the Sharif The disadvantage of the strong and the weak, and does not solve the disruption, not through intercession or gift and does not change them, or intercession does not solve it" 3 .
Third: -Intercession in border crimes Intercession at the border is an amnesty. This is haraam in the Qur'an and the Sunnah of the Qur'an, it is the Quran on the punishment of adultery by saying the right and most: "Do not take you compassion in the religion of God if you believe in God and the other day" 4 . The point of connotation in this verse does not depart from the fact that it is forbidden for compassion, but forbidding compassion that holds the ruler in disrupting the border or leave it, as he refuses to do so, as well as the saying of the Almighty, "A penalty for what they have won from God and Allah Aziz Hakim" 5 .
The Sunnah of the Prophet (peace and blessings of Allaah be upon him) said: "Whoever intercesses prevented the limits of God is the opposite of God in his command" 6 . This proves that it is not permissible to intercede at the border, to prohibit it, and to intimidate its actor with the aim of doing so. It is also mentioned in the hadeeth of Aisha, may Allah be pleased with her, concerning the Makhzoumi woman who was stolen, and her matter was of importance to Quraish, They said, "Whoever speaks to the Prophet (peace and blessings of Allaah be upon him) Except Osama bin Zaid love Rasulullah,". The Holy Prophet said, "I intercede within the "hudood" of God, then he stood and said: those who were before you were punished because if the rich person stole they left him, and if the weak man stole them, they set the "hud" on him, and if Fatima bint Mohammed stolen I will cut her hand" 7 .
From this hadith we conclude that the guardian not only has amnesty, but may not intercession in establishing the limits of God. This is evident by the words of the Prophet (peace and blessings of Allaah be upon him), whose words came in the form of the questionable denial, "intercede within the limits of God." In another context, the recovery in the border between the adversaries is a matter of dropping the penalty, provided that it does not raise the matter to the ruler, the lifting of the latter only has the judgment among them; according to the Book of God 8 . In this said our Holy Prophet best prayers and delivery: "People recover among them in the border unless lifted to the rulers, if raised to the ruler among them by the book of God" 9 .
Fourth: The extent of the amnesty of the guardian in some border crimes Realization of suspicion If the general rule is that it is not permissible for the guardian to pardon the border crimes, but to refrain from intercession therein, then some of the jurists of Islam have authorized, as an exception, the weighting of the concealment, to establish a certificate to prove the "hud". The call for hasty repentance which confirms the status of pardon as an act of suspicion. It is established in the jurists that the borders are established only after the firm and definite certainty, which is not comparable to the act of offense for the following evidence: 1. 1 -The hadeeth of the Prophet (peace and blessings of Allaah be upon him): "Defend the borders (hudood) of Muslims as you can.
2. As well as the hadeeth of Abu Umayyah al-Makhzoumi: He came a thief to the Prophet peace be upon him confessed without the presence of belongings with him and the Holy Prophet said to him: "I don't think that you are stolen, he said: Yes, Messenger of God, he returned it by the Messenger of Allah twice or three times. He said yes, then he ordered that it must be cut 1 , the aim of the Prophet was to ask him more than once because he want to make sure of the approval of his decision.
3. In another hadith of the Prophet (peace and blessings of Allaah be upon him) he said: "If I were stoning anyone without knowing I would have been stoned, then there would be suspicion in their logic, form and whoever enters them." 2 Through these conversations, we can see that the true street wanted to pardon the guardian, leaving it to the penalty because the charges should not be reduced, and suspicion of mistake. Accordingly, the jurists of Islam, based on the legal texts, have stipulated conditions related to proving the borders, so that the penalty shall be based on clear evidence, such as the full testimony of it, strong suspicion loses the penalty, and may result in the erasure of the offense. The pillars of the crime are fixed, but the penalty falls for suspicion of alimony, and theft of what they thought was his property, as the Prophet (peace and blessings of Allaah be upon him) said: "You and your money is for your father" 3 . Such a sentence would pardon their participation in the death penalty.
Working with repentance Islamic law has adopted an approach to that preceded by any of the other heavenly legislations, nor the positive legislation in terms of accepting the repentance of the offender before he can declare repentance, and his presence before the guardian obediently chosen to lay down his arms. 4 According to the Hanafis and Shaafa'is, beating is one of the most horrific crimes of the people. For this reason, the street has severe penalties, it is not cut off only from taking money, and does not kill only those who were killed, and only exiles from taking money, and did not kill 5 . Nevertheless, Islamic law authorized repentance and urged it to pardon forgiveness and forgiveness, which called the jurisprudence to approve it from the cover of the border on the possibility of repentance and strengthening, never return to these crimes, but it should be noted that the scope of amnesty for a warrior encompasses the general right and not the private right.

Section II The legal and legal authority of the guardian in pardoning the crimes of retribution and parental First: -What are the crimes of retribution and diyya
Parental retribution offenses are defined as: those offenses punishable by retribution, diyya or both 6 , each of these crimes is considered a truly appreciated punishment for individuals. Meaning: It has a single limit and does not have a minimum and upper limit between them. It means that it is really for individuals, that is, the victim may pardon her if he wishes. 7 Second: -The position of Shara and system in amnesty The Saudi penal system is in accordance with the provisions and purposes of Islamic Sharia in relation to crimes of retribution and Diyya, these offenses relate to felony against oneself and the parties. Thus, he has the right to pardon her, whether it is public or private, he may waive the punishment completely free of charge, and his pardon may be linked to taking blood money from the offender. 8 As an exception to the above principle, some go to the custody of the guardian in pardoning retribution crimes in two cases: The first is the case of whether the right holder of the penalty is a minor and has no guardians. The guardian is considered the guardian of the one without the guardian, he has the right to pardon these crimes not as a guardian of Muslims, but as guardian of the guardian of blood or the victim, provided that the pardon is not free of charge 9 . The second is in the case of the lifting of the retribution order to him. In an interview with Anas ibn Malik, he said: "I did not see the Messenger of Allah peace be upon him raised a punishment, but ordered an amnesty". 10 With regard to urinary blood, he may waive his own right before filing a criminal case, or even after filing and during consideration. However, this waiver has no effect on the fall of public action, the latter remains a list established by the court so that the judge may decide a punitive sentence against the offender 1 . In this regard, the provisions of the Saudi Code of Criminal Procedure are in full conformity with the provisions of Islamic Shari'a.
Third: The extent to which the guardian may be pardoned for murder The question that arises in this regard is: Does the guardian or the victim's family have the right to pardon the perpetrator who committed the murder by mistake?
With regard to the answer to this question, the vast majority of jurisprudence went to the lack of permissibility for the guardian to pardon 2 , their argument that murder is a crime shows and reveals the planning and determination in the commission of this heinous crime, which confirms the desire of the perpetrator to corrupt and to be evil. The Saudi Council of Senior Scholars followed this, it decided that the murderer does not kill retribution but kills an end. There is no amnesty and no reconciliation in it from the guardian or from others, even if the murderer is a kaafir and the killer is free and a Muslim. 3 For our part, we support this trend: murder is a deliberate aggression on the face of deception and deception, including the death of the murderer. Whether this is a murder or a violation of an offer or fear of misfortune or discloses its secret, it is a kind of spoilage, and the bottom line is that killing the guile falls blood money to prevent the trading of blood.

The third requirement The legal and legal position on the extent of the guardian's right to pardon the crimes of Ta'izz Segmentation
We will address the study of this requirement in two sections. So that the first section is devoted to amnesty issued by the guardian in the crimes of Ta'zir, in accordance with the provisions of Islamic Sharia, then we devote the second section to the pardon issued by the guardian for the reinforcement penalty, based on the provisions of the Code of Criminal Procedure and other regulations. This is as follows: Section I The position of Islamic law on the pardon of the guardian for the crimes of reinforcements First: the general rule Generally, the guardian has great power to criminalize and punish such crimes, on the criminal side; the latter has the right to expand the scope of criminal acts, and by introducing other new acts in addition to the acts mentioned in the text prohibited if he sees an interest in this guided by the provisions of Islamic law. In terms of punishment, the guardian has a significant role to play in determining the penalties for the offenses that are prohibited, without specifying the penalties in accordance with the public interest, as the inherent has right to appreciate the interest that requires criminalization and punishment. In the light of his appreciation of the public interest, the guardian shall have the right to decriminalize acts, he may pardon reinforcing punishments as he first estimated them. But on condition that they comply with the provisions of Islamic law in a way that does not conflict with it. 4 Second: The nature of the crimes of ta'zir Ta'izz crimes are defined as crimes punishable by one or more ta'zir penalties. The meaning of ta'zir is to discipline, which is in every sin that has no limit, nor expiation 5 , Ta'zir is a disciplinary guilt 6 , Ahmad Ali Jaradat, Theory of Execution of Criminal Judgments in Islamic Jurisprudence, Ibid., P. 332. Islamic law did not specify the specific penalties for each punitive offense, but merely decided on a set of punishments beginning with the lightest and ending the most severe, so that the guardian is left to choose the punishment that suits each crime separately. 1 Third: -Shara's position on the pardon of the guardian for crimes of ta'zir As for the extent of the guardian's right to pardon these crimes, it is prevalent as we said that he may pardon, whether for the crime or punishment in whole or in part 2 , these crimes are similar to border crimes, retribution and blood money. However, there is no dispute among Islamic jurisprudence on the extent of permissibility of amnesty in all or whether it is confined to a certain group of them and not others, and accordingly we will address the views of Islamic scholars and doctrines.
In Islamic jurisprudence has gone part of them by saying full Taazir 3 , these crimes are punishable by appropriate penalties. There is no amnesty for the punishment or the crime, while the guardian may pardon the rest of the other crimes. While another aspect of jurisprudence by saying that the authority of the guardian in the pardon absolute in all crimes punishable Taazir 4 , whether the amnesty is related to crime or punishment if the guardian sees an interest in it, provided that the amnesty does not conflict with the provisions of Islamic law 5 . As for the views of the Islamic schools of thought in this regard, we find that the Hanafi said that the due diligence as a right of God is left to the guardian 6 , the latter may not leave him unless he is aware that the offender has exploded before the punishment of ta'zir is carried out therein. As for the Shaafa'is, they have two opinions: the first is to leave the guardian of Ta'izz if it is in the rights of Allaah 7 , on the contrary, it is not permissible for the guardian to leave ta'zir if it is the right of the slave, if the latter demands it as punishment.
At the Maalikis 8 , they went on to say that the Ta'zir due as a right of Allaah does not have the right to drop it, but the guardian must implement it by establishing it. Or to be entrusted to do so, and the due diligence as a right of individuals may pardon it, or to be entrusted to do so, and the due diligence as a right of individuals may pardon it. As for the Hanbalis, they went with his guardian to pardon the punishment of ta'zir 9 , When he sees that the interest requires it, or the offender comes repentant, or if the guardian has knowledge that the offender has exploded before the penalty of ta'zir is imposed. Within the scope of the due diligence as a right of individuals, the Hanafis and the Malikis consider that pardoning is a matter for the individuals themselves. 1 With regard to what was said by one of the Shaafa'is, the ta'zir, if it is the right of the individual and his request, the guardian should leave him and pardon him as in the case of the rights of God. This means that it is permissible to grant an amnesty issued by the guardian for the punishment of ta'zir, regardless of whether the right is God's right or whether the right is due to individuals and demanded it. 2 Perhaps one of the most important advantages arising from the differences between the sects is that there is an agreement among them that due reinforcement in the right of Almighty God. The guardian may be pardoned in certain cases, these include verifying that the offender has repented, or rather fulfilling the meaning of restraint prior to the execution of the sentence, as well as when the guardian considers the amnesty to be in the public interest. One of the advantages is that the ta'zir due to the right of the slave or the predominance of the right of the slave depends on the claim of the owner, if asked to answer it. The judge does not have the power to overthrow him, and the guardian does not have the right to pardon him. This means that the weighting of the penalty for pardon or vice versa is based on the ijtihad of the guardian in what he deems appropriate, and fix the offender in view of the interest, and this is one of the controls on the pardon issued by the guardian. 3 Based on the foregoing, if the penalty serves the benefit of ta'zir, namely the occurrence of discipline and restraint, it must be applied from the rule of Part One, otherwise, the prudence of the introduction of amnesty; perhaps the punishment constitutes an ugly harm to the law and reason, and therefore does not allow the Muslimization and harm to Muslims. This view is established through the sayings of the jurists, where Ibn Farhun says: "For the guardian of the fittest taking into account the pardons or ta'zir".
Fourth: -Pardon of the victim of the crime in the crimes of ta'zir As for the victim of the crime, or rather the victim in the crimes of Ta'zir, he has the right to pardon what affects his person, as in the case of cursing and beating, however, his right to pardon is limited solely to his personal rights without affecting the group's rights to discipline and reform the offender 4 . In a clearer sense, the amnesty of the victim departs to his or her personal rights 5 . As for the pardon of the guardian in ta'zir crimes for punishment or crime, this pardon does not affect the rights of the victim 6 . In any case, and in the foregoing, we can say that the Ta'zir is a human right, and the guardian must leave it and pardon him even if the right holder requests it, pardoning the person from his right is permissible, provided that the right of authority is not compromised. In this regard Maroudi 7 differentiate between two cases: the first is that if there is a pardon for Adam before pleading, then the guardian has the choice between pardon or ta'zir. Secondly, if the amnesty is granted after the pleading, the punishment for the right of the authority therein is disagreement due to two things: there is no right for the guardian to promote it. The second thing is that the guardian has the right to support it with pardon before pleading to him.

Section II The position of the Saudi criminal regulator on the pardon of the guardian for the reinforcing punishment
First: -Pardon in the system of criminal procedures and the system of trial of ministers In the Saudi penal system, the guardian plays a major role in some punitive crimes. It is important to assess the interest that requires criminalization and punishment; he also has the right to an interest that requires amnesty for punishment. The guardian has the right to pardon some penalties, in the light of what is required by the interest, provided that this amnesty does not conflict with the provisions and purposes of Islamic law. On this basis, article 22 stipulates that "a general criminal action shall lapse in the following cases:

A final judgment
No one denies at the outset that the reference of this text is due to Islamic law. It has clearly stated that it is permissible for the guardian to pardon the general right to crimes in which he may pardon. In the sense of the offense, the guardian does not have an amnesty for the "hud"crimes; "the King", however, authorize others to issue an amnesty, such as the Minister of the Interior and the District Princes, but at the same time note that the authorization is restricted and conditional.
The right of amnesties to the guardian as stipulated in article 27 of the system of trial of ministers is also confirmed, it stipulates that "His Majesty the King shall in all cases issue a special pardon for the convicts in accordance with this Law or commute the sentence to such extent as the pardon decides 2 . It is noteworthy on this article that it gave the right to the guardian of the "king" to issue a special pardon, and entrusted to pardon the punishment with the status of criminalization.
Since the amnesty in Saudi Arabia is issued by the King, it requires a system to specifically include the penalties it contains, and the scope of the amnesty is limited to the cases for which a judgment has been issued, as stipulated that "sentenced prisoners shall be exempted from the general right in the cases of reinforcement" 3 . For the defendants, the amnesty does not cover them even if they are partners in the crime with others who have already been sentenced to a conviction. 4 Undoubtedly, when the Saudi regulator decided to pardon the penalty of public right, his report was based on the rules of Islamic law. At the same time, it should be noted that what is meant by amnesty here falls under the range of reinforcing crimes against God, if it has an interest and benefit to society, and should not affect the rights of the victim. 5 In our view, we raise the following question: How well is the Crown Prince entitled to pardon in cases where the guardian is outside the country, whether for official work or to receive treatment, or in any case with which he can not exercise his constitutional functions?
Regarding the answer to this, the regime came without a text or reference to it, and all that the guardian may authorize the issuance of amnesty to some of the district princes or the Minister of Interior. Therefore, we wish the Saudi organizer to address this situation by drafting a statement stating the eligibility of the Crown Prince as his first deputy to the king and entrusting him with the administration of state affairs in the absence of the guardian. With regard to the special right, it is mentioned in the provisions of article 23 of the Code of Criminal Procedure. It states "The special criminal case shall terminate in one of the following cases: 1. A final judgment shall be issued 2. The amnesty of the victim or his heirs shall not prevent the pardon issued by the victim or his heirs from continuing the public right of action. 6 Second: -Amnesty in some Saudi penal systems Some Saudi regimes have come to emphasize the right of the guardian to pardon some punitive penalties whenever he sees an interest in it, where the judiciary is obliged to issue it when its conditions are met. For example, in the anti-bribery system, article 16 of the Code states that "the briber or intermediary shall be exempted from the original penalty and subordination if he informs the authorities of the crime before it is discovered. 7 Similarly, Article 25 of the Penal Code stipulates that "the competent court shall rule on exemption from the penalty for forgery crimes, The provisions of this Regulation shall be given to all perpetrators who report their crime before it is discovered and to use the forged editor. The competent court may exempt the perpetrator from punishment after the discovery of the crime if he is guided by the other perpetrators and is easily arrested. 1 Article 11 stipulates that "the competent court may exempt from these penalties any perpetrators who inform the competent authority of the crime before it is known and before the damage has occurred." If reporting after knowledge of the offense is to be exempted, the report shall control the rest of the perpetrators in case of multiple offenses, or the tools used in the crime. 2 The exemption also has a role in the anti-money-laundering regime. Article 18 stipulates that the competent court may exempt from these penalties the owner of the funds. Or the proceeds of the offense, or its holder or user if he notifies the authorities prior to his knowledge of the sources of the funds or proceeds, and the identity of the participants without benefiting from their proceeds. 3 The second topic Conditions and effects arising from the pardon of the guardian in Islamic jurisprudence and the Saudi regime Segmentation The pardon issued by the guardian must be in accordance with legal controls and standards, whether in Sharia or the system. Accordingly, the study of this topic came to identify the legal conditions in the amnesty issued by the guardian, as well as the implications of this in three demands. We devote the first requirement to the conditions of amnesty in Islamic jurisprudence, then we deal with the second demand for the conditions of amnesty in the Saudi regime, while the third request we devote to the effects resulting from the amnesty, whether in Shara or the system, as follows: - The first requirement

Conditions of pardon of the guardian in Islamic jurisprudence and system
The Saudi Penal Code clearly and explicitly stipulated the conditions to be met in the amnesty issued by the guardian regarding the penalty, as stated in the Islamic jurisprudence, which did not set specific conditions, especially in the pardon issued by the guardian and a right of God Almighty. From the context of their talk, we can conclude a number of conditions that must be met in the amnesty related to the rights of God. We will explain this as follows: Section II

Conditions of amnesty in Islamic jurisprudence
First: -Amnesty should not be within the limits of God. This condition is not disputed by the jurisprudence 4 ; the "hudood" are special rights of Allah Almighty. Once the crimes are proven, the guardian has no choice but to establish them, this means that neither the guardian nor the victim can be pardoned.
Second: -The pardon should be an investigator in a favorable interest 5 . This is an indispensable condition necessitated by the jurisprudence in the amnesty of the guardian, which must be investigating for the benefit. As if the person who committed the crime is known among the people that he is a man of virtue and virility, and his committing of the crime was a slip, or he is newly interred the Islam, or he regret the commission of the act and repent.
Third: The accused of pardon shall not be known for debauchery and immorality, this requirement corresponds to a stay of execution in legal systems, the person to whom the pardon is to be issued must have no precedent for debauchery and immorality. The scholars know that the cover-up of the accused of these qualities is hated 6 , and to confirm that they said: "It is not known that he should not be covered up. But his case shall be submitted to the guardian if he does not hide from that a spoiler; because the cover for this covetousness in abuse and corruption and violation of sanctity, and the boldness of others to do like 7 ". In the sense of infringement, if the guardian pardons a defendant who is known for debauchery and immorality, such pardon shall be misplaced.
Fourth: The amnesty shall be issued before reaching the guardian. This requirement relates to individuals and the extent to which they are entitled to amnesty for crimes committed against them, in order for the amnesty issued by individuals to be productive and correct, it is stipulated that the order has not been filed with the guardian. In the sense of infringement, if the order is filed to the guardian, then the amnesty of 202 individuals shall be deemed unfounded.

Section II Conditions of amnesty in the Saudi regime
The Saudi regime 1 clearly and explicitly stipulated the conditions to be met in the pardon of the penalty, as follows: First: The penalty shall not be a "hud". This clause is fully consistent with the purposes of Islamic law. The circular of the Minister of the Interior affirms this: "The guardian may pardon the reinforcing punishment if the ta'zir is not a human right. 2 Second: -Issuing a judgment in the case to be pardoned. The pardon does not apply to the accused before the verdict is issued, however, this rule is not intended for launching, crimes are still in the investigation phase, and no judicial decisions have been issued, yet may be covered by amnesty, as in the case of qat use crimes. 3 Third: In common crimes of public and private rights, pardon requires the termination of the private right. This is confirmed by article 22 of the Code of Criminal Procedure, which states in its inability "that does not preclude the continuation of the claim of the private right". 4 The second requirement The legal and legal effects of the pardon issued by the guardian We have stated that the guardian is the representative of the general Muslim community, and is entrusted with the task of taking care of their interests in accordance with the provisions of Sharia and religion. Since the Shariah has authorized the right of pardon in some crimes, there is no doubt that this pardon has legal effects, and therefore, we take it in accordance with the provisions of the Shariah and the Saudi regime within the following two branches, as follows: Section I The effect of the pardon of the guardian in Islamic jurisprudence First: The impact of amnesty on the crimes of "hud", retribution and ransom As we have already shown, criminal cases in Islamic jurisprudence are divided into three sections: one arising from the commission of a border crime, the other arises from the crimes of retribution and parental, and the third arises from Ta'zir. With regard to border crimes, as we have said that Islamic jurisprudence is unanimous that there is no guardian of amnesty or overturning. This is the case for crimes of retribution and blood money, the right to pardon or not in this type of crime is limited to the victim, whether he is alive or his guardians, or rather heirs after him, if he has died. Therefore, the amnesty issued by the guardian in these crimes is not affected.
Second: The effect of amnesty on Ta'zir crimes As for the crimes of Ta'zir, there is disagreement among the jurists on them. The Hanbalis and Hanafis 5 went to permissible to pardon the reinforcing punishment of Allah Almighty, except for the prescribed Ta'zir, and those relating to the abandonment of prayer and insulting the companions. While the Hanbalis consider that the amnesty issued by the guardian has an impact on the general criminal case during the trial and leads to its expiry, This pardon has no effect on private criminal case; the property of the latter in the pardon only prove to the owners affected by the crime according to the consensus of scholars. 6 The other saying that he is not allowed to pardon the guardian for the crimes of Ta'zir, so that it entails its duty to establish it. In the sense of violation if the guardian pardoned, this pardon has no effect on criminal proceedings during the trial; because the scope of the amnesty came in what may not be pardoned. However, the pronounced amnesty of the guardian on the criminal case concerning the corporal punishment was more likely, and the right of Allah Almighty, provided that this does not affect private criminal proceedings. 7 Section II The effect of the amnesty of the guardian on the Saudi penal system First: Legal text: Article 22 of the Code of Criminal Procedure sets out the implications of an amnesty issued by a guardian, Where it stipulated that "the public criminal case shall terminate in the following cases: 1 ... 2. Pardon of the guardian in the pardon ... etc " 1 . Second: Legal Effect: It is clear from the said article that came in accordance with the rules of Islamic Sharia that the guardian may pardon the penalty of public right, it should be noted, however, that the scope of amnesty in Islamic law is superseded by reinforcing crimes whose penalties relate to God 2 . When the guardian issues an amnesty, the effect of such action shall lead to the expiry of the public criminal case, and shall be subject to the penalties imposed in cases of public right, this pardon shall not affect the rights of the victim or his relatives, in accordance with the aforementioned article 22. 3 From our point of view, we do not object to the pardon of the guardian for crimes that have a special right if the victim or his family relinquishes their personal rights.
Third: The period during which amnesty is issued in the Saudi regime Perhaps the prevailing system in the Kingdom of Saudi Arabia is the issuance of an amnesty every year for some of the punitive penalties and sentenced to judicial rulings, but this rule as we said is not general, sometimes amnesty extends to some offenses that are still pending before the judiciary, for which no judicial decisions have been issued. To be sure, the pardon, however, includes only punitive punishments, so that the border crimes that Allah and His Messenger have ordered to apply, if they reach the guardian, this principle is well known and recognized by all, which states that the border is not amnesty if you reach the guardian.
The Royal Pardon Rules reflect this principle, it stipulates that "this amnesty shall not include the penalty of limitation -imprisonment or lashing in any way". The addressee of this principle is not prisoners with special rights such as retribution and so on, but only applies to prisoners of public right. 4

1.
Islamic law is more regulated for amnesty than positive laws, as it is mentioned in more than one place in the Holy Quranic verses, as well as in the Sunnah.
2. In the amnesty issued by the guardian, the Saudi organizer requested that a final judgment be issued, contrary to what is stated in the positive legislation, such as the Jordanian legislation, the general amnesty applies whether a verdict is issued or not.
3. Neither Islamic law nor the Saudi regime has set a specific time for the issuance of the amnesty law, and can therefore be issued at any time and in any case where the case is filed, even after a final judgment has been issued. 4. The issuance of the general amnesty law and the special amnesty do not affect the personal rights of the victim of the crime and this is agreed upon in the provisions of Sharia and the Saudi penal system.

5.
In border crimes, the guardian does not have the right of general amnesty, not even intercession, because they are rights of God.
6. In cases of parental retribution, the right of pardon shall be restricted to the guardians of blood. If they are pardoned, this does not prevent the judiciary from issuing a punitive punishment against the offender.
7. Both private and public amnesty in shara and discipline are among the reasons leading to the expiration of the criminal case.
8. When a general amnesty law is enacted, it does not include certain persons, while a special amnesty shows these persons and the type and amount of punishment.
9. The general amnesty and the special amnesty in Shara and the Saudi regime shall not affect the right of the injured party to claim compensation before the judiciary, within a certain period specified by law.