The Impact of the Rule of Opening Pretexts in the Saudi Criminal Procedure Regulations: A Study in Light of the Objectives of Shari'ah

Abstract

The principle of opening pretexts is a legal mechanism within the Saudi Criminal Procedure Code, operating within the framework of Islamic law to achieve a balance between societal security and individual rights. This study seeks to explore the application of this principle in three main areas: criminal cases and evidence-based procedures, investigations, and court procedures. Specific provisions of the Saudi Criminal Procedure Code are analyzed to highlight how exceptions to general legal principles are granted to preserve justice and the public interest. This research paper attempts to reveal that these exceptions are based on the principle of necessity in Islamic law, which allows for the overriding of prohibitions to achieve higher objectives, such as protecting human rights, maintaining social stability, and uncovering the truth. This study also highlights the balance between protecting privacy and enforcing justice, explaining how legal safeguards mitigate the potential for abuse of these exceptions. By linking these provisions to the objectives of Islamic law, the research confirms the Saudi legislator's commitment to aligning ethical values ​​with procedural efficiency.