The Penalty for Money Smuggling

Document Type : Original Article

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Researcher in the Department of Jurisprudence, College of Sharia, Imam Muhammad ibn Saud University, Kingdom of Saudi Arabia

Abstract

This research discusses "The Penalty for Money Smuggling" from both Islamic jurisprudential and legal perspectives. It emphasizes the significance of protecting wealth as one of the five essential objectives of Islamic law. The study highlights how money smuggling, whether involving lawful or unlawful funds, poses a severe threat to national economic stability, leading to financial imbalances and the rise of corruption and organized crime. The researcher divides smuggling into two categories: smuggling of lawful funds and unlawful funds, elaborating on the Islamic rulings for each and the penalties under Saudi laws, such as the Unified Customs Law and the Anti-Money Laundering Law. The study employs descriptive, analytical, and inductive methodologies, drawing from Islamic texts and decisions of jurisprudential councils. The research concludes that money smuggling is religiously prohibited due to its violation of regulations and harm to public interests. It warrants disciplinary penalties including imprisonment, fines, and asset confiscation. Furthermore, the study recommends enhancing public awareness of the dangers of money smuggling, tightening border controls, and promoting international cooperation to combat money smuggling and protect national economies, ensuring the security and stability of societies.

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