Article 2 of the Saudi Law on Replacing Fines with Imprisonment
المادة 2 من نظام استبدال الغرامة بالحبس
To replace a fine with compensatory imprisonment, the article requires a decision of the Minister of Interior in the public interest and proof under Sharia of the convicted person's insolvency; each day counts as SAR 10, up to one year.
Official text (Arabic)
This article has not been amended since the law was issued.
يصدر قرار استبدال الغرامة بالحبس التعويضي من وزير الداخلية إذا اقتضت المصلحة العامة ذلك بشرط أن يثبت شرعا إعسار المحكوم عليه بالغرامة.
ويكون استبدال الغرامة بالحبس بواقع عشرة ريالات لليوم الواحد من أيام الحبس المحكوم به على ألا تزيد مدة الحبس في مجموعها على سنة واحدة بالنسبة للغرامة الواحدة يسقط بعدها التزام المحكوم عليه بدفع أي مبلغ متبقي من تلك الغرامة.
وإذا دفع المحكوم عليه - المحبوس حبسا تعويضيا - مبلغ الغرامة بعد حسم ما يعادل الأيام التي قضاها في الحبس وجب إطلاق سراحه.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 2 explained in plain English
This article sets out the conditions for replacing a fine with the compensatory imprisonment permitted by Article 1, how it is calculated, and when the prisoner is released.
First: conditions of replacement
- The replacement decision must be issued by the Minister of Interior.
- The public interest must require it.
- The insolvency of the person fined must be established under Sharia, that is, his inability to pay it. A person who is able to pay does not have a term of imprisonment substituted for his fine under this condition.
Second: method of calculation
- Each day of imprisonment corresponds to SAR 10 of the fine.
- The total term of imprisonment may not exceed one year for a single fine.
- After this period ends, the convicted person's obligation to pay any remaining amount of that fine lapses.
Third: release on payment
If the person held in compensatory imprisonment pays the amount of the fine after the equivalent of the days he has spent in prison is deducted, he must be released. That is, he does not pay the full amount, but the remainder after deducting the value of the days served.
Article 3 sets out a case in which the replacement decision belongs to the Presidency of the Council of Ministers instead of the Minister of Interior, which is where both a fine and imprisonment were imposed as a discretionary penalty. A person who wants an assessment of his own situation should consult a lawyer who specializes in criminal or enforcement cases.
Practical example
Saad was fined SAR 2,000, his insolvency was established under Sharia, and the Minister of Interior issued a decision replacing it with compensatory imprisonment. The term is calculated at SAR 10 per day, so it is 200 days. After serving 50 days he managed to raise the money, so the equivalent of the fifty days (SAR 500) is deducted, and if he pays the remainder, SAR 1,500, he must be released.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 2 of the Saudi Law on Replacing Fines with Imprisonment
How much of the fine does a day of compensatory imprisonment equal?
The replacement is at the rate of SAR 10 for each day of imprisonment.
What is the maximum term of compensatory imprisonment?
The total term of imprisonment may not exceed one year for a single fine, after which the convicted person's obligation to pay any remaining amount of it lapses.
Must insolvency be proven to replace a fine with imprisonment?
Yes. The insolvency of the person fined must be established under Sharia, in addition to a decision by the Minister of Interior where the public interest requires.
Can a person leave compensatory imprisonment by paying the rest?
Yes. If the prisoner pays the amount of the fine after the equivalent of the days he has spent in prison is deducted, he must be released.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.