Saudi Arabia and Human Trafficking: Poised between Sharīʿa and International Law

Abstract

Human trafficking is considered to be a form of modern-day slavery or at least a practice that leads to the enslavement of people for exploitation and forced labour. This practice continues to exist in both historical and new forms in our contemporary society. As a symbol of the Islamic faith, coupled with its buoyant economy boosted by revenues from oil and gas resources, the Kingdom of Saudi Arabia (KSA) has been an attractive destination for many, including migrant workers. This has given rise to the consensual and non-consensual exploitation of people leading to human trafficking which is further exacerbated by the guardianship system (Kafala). This is in addition to anachronistic cultural views contrary to the true principles and practices under Islamic Sharīa, which is the predominant legal system in the country. Against this background, there are important questions to be asked; the research seeks to investigate the problem of human trafficking in the KSA and to what degree the prevailing laws adhere to international law and Islamic Sharīa in order to effectively combat this crime. As part of the research methodology for this study, a critical analytical method and doctrinal legal research are utilised. Since contemporary international law considers that the principle of human trafficking is inextricably linked to the denial of the principle of human dignity, this research examines the relationship between human trafficking, the concept of human dignity, Islamic Sharīa and international human rights law. As the KSA is an Islamic country with a legal system based on Islamic Sharīa, the thesis investigates the framework of Islamic Sharīa in relation to human trafficking. It provides an in-depth analysis of Islamic and international approaches to combating human trafficking and concludes that the principles of Islamic Sharīa mostly do comply with international standards. However, the analysis also concludes that the laws and enforcement practices adopted by the KSA to prevent forced labour and slavery and other activities that lead to human trafficking are virtually ineffective. The analysis determines that these failures stem from the fact that the Kingdom neglects to properly adhere to Islamic Sharīa or international human rights law. In order to effectively eliminate human trafficking, the thesis suggests that the Kingdom re-evaluates its overall legal system and initiate the appropriate measures to comply with the frameworks of both Islamic Sharīa and international human rights law.