Penalties for violating the ban on using the names of God on commercial packaging
Legal researcher Abdulmalik Al-Fassi highlighted the regulatory and legal dimensions of the Saudi Ministry of Commerce's directive prohibiting the printing or writing of the Beautiful Names of God or Quranic verses on commercial bags and packaging. Al-Fassi emphasized that this move falls within the Ministry's regulatory powers to control the business environment and ensure that commercial practices align with the Kingdom's religious and societal values.
Legal and Sharia justifications for the decision
Al-Fassi explained that the directive primarily aims to protect sacred texts from unintentional disrespect. Plastic or paper bags and containers are by their nature temporary consumables, destined for the trash bin or damage, which exposes Quranic verses and the beautiful names of God to disrespect when disposed of, something that contradicts the sanctity of these texts in the conscience of Saudi society and Islamic law.
Article Seven: The Legal Basis for the Prohibition
In detailing the legal basis, the researcher explained that this violation is based on explicit regulatory provisions, specifically Article 7 of the Commercial Names Law. Paragraph (c) of this article prohibits the registration or use of any trade name that contains connotations contrary to public order or morals. The legislator has broadened the interpretation of these prohibitions to include any religious, political, or military content, thus making the use of Quranic verses in a consumer-oriented commercial context a clear violation of the law that warrants prosecution.
Context of respecting rituals and promoting compliance
Contextually, this approach is not new to the regulatory policy of Saudi Arabia, which is governed by Islamic law. Regulatory bodies, particularly the Ministry of Commerce, have always been keen to balance the freedom of economic activity with the preservation of Islamic identity and societal values. This emphasis comes at a time when markets are witnessing a significant expansion in products and designs, necessitating a firm reminder of the regulations that prevent the misuse of sacred texts as promotional tools that could be discarded.
The decision reflects the state's commitment to "public decency" in its broadest sense, encompassing respect for religious beliefs, and affirms that commercial freedom is not absolute but rather limited by the imperative of not infringing upon fundamental principles. The decision also aims to raise awareness among commercial establishments about the necessity of reviewing their designs and visual identities to ensure they are free from any legally prohibited elements that could subject them to penalties.
Penalties for violators
Regarding punitive measures, Al-Fassi emphasized that compliance with this directive is immediately enforceable. Regulatory bodies typically begin with a graduated approach to penalties, starting with a warning to the offending establishment to rectify its situation, and culminating in the imposition of fines. The amount of the fine is determined based on the severity and frequency of the violation, as well as the nature of the activity, in accordance with the penalty regulations stipulated in the Commercial Names Law and other relevant regulations concerning combating commercial fraud and protecting consumers.
