Sabotage in the Saudi Legal System

Sabotage in the Saudi legal system occurs with the aim of destroying the marital relationship between spouses. This involves encouraging either the husband or wife to pursue divorce rather than resolving issues within the marriage. Sabotage is carried out through a third party who creates discord between the spouses through certain behaviors, actions, or words. If one or both spouses feel they have been subjected to sabotage, they have the right to file a lawsuit in the Saudi courts to put an end to this third party’s actions and the harm caused to their marital relationship. The main objective of this lawsuit is to protect the marital bond between husband and wife.

Sabotage in the Saudi Legal System

Sabotage is defined as an attempt by a person to ruin or destroy the relationship between a husband and wife (or between any two people). This is done by using various methods of deceit, manipulation, and trickery to break the bond between the couple.

There are various forms of sabotage, including sabotage between an employer and employee, but the most common type is sabotaging a wife against her husband or a husband against his wife.

Sabotage is prohibited under Islamic law, as supported by the Prophet Muhammad’s saying: “He is not one of us who corrupts a woman against her husband or a servant against his master.” Thus, in Saudi Arabia, sabotage is classified as a criminal offense, punishable by law against the individual who committed sabotage and caused harm, with penalties that may be severe.

The Saudi system allows the aggrieved party to seek legal intervention, and it’s important to note that those who commit sabotage are often close family members, such as a husband’s mother or sister, meaning the issue is not limited to friends or intimate relationships.

Types of Sabotage in the Saudi Legal System

The Saudi Ministry of Justice has highlighted a rise in sabotage cases, especially in recent years. The primary reason for this increase is the involvement of numerous external parties in marital relationships, aiming to destroy the bond between spouses. Social media and modern technology also play a significant role in these cases, as they are often misused to facilitate sabotage. It is essential to understand the types of sabotage under the Saudi legal system, which include:

• Verbal or Spoken Sabotage: When one spouse’s family members, such as parents, siblings, friends, or relatives, mention flaws, weaknesses, or problems of the other spouse, which causes animosity and weakens the marital bond. This type of sabotage is overt and direct.
• Active Sabotage: Some individuals use various methods to create discord between spouses, such as spreading false information that harms the marital relationship, spying on one spouse for the other, or planning schemes to ruin the marriage.
• Suggestive Sabotage: Using social media to post certain messages, videos, or images that carry negative suggestions or imply falsehoods (like certain looks or gestures) directed at the spouse. This causes one spouse to doubt the other, leading to major conflicts and damage in the relationship.

Conditions for Filing a Sabotage Lawsuit in Saudi Arabia

For the Saudi courts to accept a sabotage lawsuit, specific conditions must be met for both the plaintiff and defendant, as well as the lawsuit’s subject matter itself. Below are the conditions:

• Conditions Related to the Plaintiff:
  • The lawsuit must be filed by the party who feels aggrieved, directly harmed by the sabotage (either the husband or wife).
  • If the divorce was due to a reason other than sabotage, or occurred before the sabotage took place, then there’s no valid reason to file a lawsuit, and it is likely to be dismissed.
  • The plaintiff must have a valid reason to file the case; those who negligently allowed their spouse to communicate with outsiders may lose the right to file.
• Conditions Related to the Defendant:
  • The lawsuit must be filed against the individual who actually committed the sabotage, as the offense is intentional and directly associated with the defendant.
  • If another person also committed sabotage, they would be considered a separate offender, and a case would be filed against each individually. However, if one saboteur helped the primary one, they are deemed an accomplice.
  • The saboteur may be a stranger trying to separate the spouse for themselves or others, or they may be a close relative of either spouse, male or female.
• Conditions Related to the Sabotage Itself:
  • The lawsuit is only accepted if the sabotage actions involve deceit, trickery, or manipulation with the intention to ruin the marriage.

Elements of Sabotage in the Saudi Legal System

The elements of sabotage confirm the occurrence of sabotage, and once established, the court proceeds with necessary legal actions. These elements include:

• Material Element: This involves the saboteur’s deceptive acts, such as communicating with the spouse through social media and encouraging them to seek divorce, luring them with promises of marriage, or financial incentives. Evidence like text messages, videos, or audio recordings is essential to convict the saboteur; without proof, there is no criminal charge against the individual.
• Moral Element: The saboteur must have intentionally committed deceit or manipulation with the conscious purpose of separating the spouses, without any coercion, whether financial or moral. If they were unaware of the marital relationship, there is no crime or punishment.

Conclusion

If a person experiences sabotage and faces issues in their marital relationship as a result, they should consult a lawyer who is knowledgeable in these cases to help file a lawsuit. The lawyer can also assist in providing evidence, ensuring the client’s rights are upheld, and ensuring the saboteur is held accountable for their actions aimed at destroying the marital relationship.