The Crime of Commercial Concealment from the Perspective of Islamic Jurisprudence and Its Impact on Sustainable Development and the Economy

Abstract

The research aims to examine the reality of crimes resulting from commercial concealment from the perspective of Islamic jurisprudence, its significance, the elements of such crimes, their punishments, Causes for Exemption, and their impact on sustainable development. The study adopts a descriptive approach, supported by an analytical methodology, and has led to several key findings, the most significant of which are:

The crime of commercial concealment is defined as assisting and enabling a non-Saudi national to engage in investment and trade within the Kingdom of Saudi Arabia under the unannounced protection and supervision of a Saudi national. Commercial concealment is classified as a discretionary offence (ta’zir), as it carries no fixed (hadd) penalty or expiatory punishment (kaffarah). The penalties for commercial concealment under the Anti-Concealment Law include: Imprisonment for up to five (5) years; A financial fine of up to five million (5,000,000) Saudi Riyals; and the freezing and confiscation of illegal funds upon the issuance of final judicial rulings against the offenders. A person convicted of commercial concealment may be exempt from the legal penalties and any other associated sanctions if they meet the legal conditions for exemption. Finally, commercial concealment is a crime that adversely affects sustainable development.

Key Recommendations: Respecting the regulatory frameworks of states and governments; and considering the rights of future generations when enacting legislation