ناصر الحارثي

This video has gone viral on Arabic social media that I monitor... A Saudi Arabian man whose brother was murdered stands in front of a delegation of tribal elders who came to ask him to pardon the killer. His answer: “As for my brother, you are turned away on it, by God’s command and God’s law… Either hospitality, the door opens and you come in, welcome on my head and my brothers’ heads. Or, men, my brother’s case is not open for any talk.” He refused the pardon and still offered them his door, because in that culture a guest is honoured even when his request is rejected. I have seen this tradition and law being exercised in person in Saudi Arabia and they are powerful moments in the culture and context of the Middle East. How the law works. In Saudi Arabia "intentional murder" carries qisas ( or retribution), and the right to it belongs to the victim’s heirs. The family has 3 options: 1. demand execution of the killer or wrong-doer. 2. pardon for free, or 3. pardon in exchange for diya (or blood money). The killer’s tribe sends its MOST highly respected men to ask, and the WHOLE tribe often pays. Even after a pardon, the state can still jail the killer on its "public" right or if it deems it in the interest of public good. I have seen this up close in real life across the Middle East, Africa and Asia. Iraq calls it fasl, and Pakistan wrote qisas and diyat into its penal code. Whether it comes through custom, religion or tribal tradition, the goal is the same: pay for one death so the families do not trade 10 more as they may be tempted to seek revenge... Why does it work? Because it reprices murder. The tribe pays, so the tribe polices its own. Every family has a cash reason to restrain its hotheads BEFORE anyone pulls a trigger. It breaks the revenge cycle. Without a settlement, "side A" retaliates, "side B" retaliates back, and 1 death becomes a feud that runs for a generation. A paid pardon ends it at ONE murder. The victim’s family gets something. A prison sentence gives them NOTHING, the taxpayer funds 25+ years of a cell, and the killer walks out owing nothing to the family he broke and the children of the victim won't get anything in the West. The killer’s side has to come to the victim’s door and ask, in front of everyone. In an "honour economy" that costs more than time served. Is it perfect? No. Rich families can buy their way out, sums of tens of millions of riyals have been reported, and this video shows the pressure that falls on a grieving family. Which is why the right to refuse has to stay real, and this man just used it... The West handed all of this to the State and the Prison system, and mostly forgot how to make an offender face the family he wronged and pay them. If it were your brother, would you take the diya or demand the qisas? Signal, not noise!