Malcolm Rivera
Saudi Arabia's constitution is unique in that it is unwritten and based on the Qur'an and the practices of the Prophet Muhammad. The Basic Law, a document comprising 83 articles, serves as the closest equivalent to a constitution in the country. However, it does not address women's rights or other issues, and the country's cultural and religious views stigmatize any reference to a constitution other than the Qur'an and Sunnah.
| Characteristics | Values |
|---|---|
| Does Saudi Arabia have a written constitution? | No, Saudi Arabia does not have a written constitution. The closest thing to a constitution is the Basic Law, which is a document divided into nine chapters and a total of 83 articles. |
| The basis of the constitution | Article 1 of the Basic Law states that "God's Book (Qur'an) and the Sunna of his Prophet (Muhammad), are its (Saudi Arabia) constitution" |
| Rights of women | The Basic Law makes no mention of women, their human rights, or any other issues pertaining to them. |
| Rights of the monarch | Article 7 of the Basic Law proclaims the rights of the monarch. |
| Rights of citizens | Article 18 of the Basic Law guards the private property of citizens. |
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What You'll Learn
The Basic Law of Saudi Arabia
Saudi Arabia's written constitution or Basic Law of Governance is based on Islamic Sharia law and the teachings of the Quran. The Basic Law was established in the eighteenth century when Muhammad bin Saud and Muhammad ibn Abdul Wahhab unified all political and religious institutions into one governing body.
Article 1 of the Basic Law establishes that "God's Book (Qur'an) and the Sunna of his Prophet (Muhammad), are its [Saudi Arabia's] constitution". It also states that Arabic is the official language and that the capital is Riyadh. Article 7 proclaims the rights of the monarch, and Article 8 states that "justice, consultation, and equality" shall be in accordance with Sharia law. Article 9 dictates that all members of Saudi Arabian families shall be brought up "on the basis of the Islamic faith".
The Basic Law makes no mention of women, and Amnesty International has criticised this omission, pointing out that women are effectively second-class citizens in Saudi Arabia.
Article 35 of the Basic Law specifies rules pertaining to Saudi Arabian nationality, and Article 36 states that the State shall provide security for all citizens and residents. Article 37 protects citizens' private property, and Article 38 ensures that no one shall be punished for another's crimes. Article 39 addresses the mass media, stating that they must employ civil and polite language and contribute to the education of the nation.
Article 81 of the Basic Law states that the Law shall not violate the Kingdom of Saudi Arabia's commitments to other states and international organisations. Article 82 states that no provision of the Law may be suspended except temporarily, such as during wartime or a state of emergency. Article 83 specifies that no amendment can be made to the Law except in the manner it was promulgated.
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The role of the Qur'an and the Prophet Muhammad's teachings
Saudi Arabia is the birthplace of the Islamic prophet Muhammad and the cities of Mecca and Medina, where Prophet Muhammad lived and died. These two cities are now considered the holiest in Islam. The Islamic prophet Muhammad, who united and ruled the Arabian Peninsula, is believed by Muslims to be the final Prophet.
The Quran, the holy book of Islam, is the word of God as revealed to the Prophet Muhammad in the Arabic language. It is the first part of the constitution of Saudi Arabia, with the second being the Sunnah, or the teachings and sayings of the Prophet Muhammad. The Sunnah complements the Quran as it embodies his meticulously documented teachings, which were preserved by his companions in a body of writings called the Hadith. The Quran and the Sunnah provide the framework for Sharia, the sacred law of Islam, which governs all aspects of the public and private, social and economic, religious and political life of every Muslim.
The Quran and the Sunnah are central to the lives of Muslims, shaping their everyday lives and anchoring them to a unique system of law. The Quran requires every able-bodied Muslim who can afford it, as one of the five pillars of Islam, to make a pilgrimage, or Hajj, to Mecca during the Islamic month of Dhu al-Hijjah at least once in his or her lifetime.
The teachings of the Prophet Muhammad are also reflected in the practices of the Saudi Arabian government. For example, the government reserves numerous jobs for the clergy that range from preaching to judgeships. Islamic clergy (ulema) such as muftis and sheikhs, who dominate Saudi Arabian legal positions, make use of the Basic Law in addition to the Quran, hadith, sunnah, and Islamic jurisprudence, which all fall within Sharia.
The role of the Quran and the Prophet Muhammad's teachings in Saudi Arabia is, therefore, fundamental to the country's constitution, culture, and legal system.
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The influence of Sharia law
Sharia law, or Islamic law, is the primary source of law in Saudi Arabia. It is derived from the Quran, the sayings and actions of the Prophet Mohammed (known as the Sunnah), and Islamic scholarly consensus. Sharia was developed by Muslim judges and scholars between the seventh and tenth centuries, and from the 8th century onwards, it was accepted as the basis of law in the towns of the Muslim world, including the Arabian Peninsula.
In Saudi Arabia, the Hanbali school of Islamic jurisprudence is generally followed, though there are majority and minority views within this school that may be applied in any particular case. The interpretation of Sharia is influenced by the medieval texts of the literalist Hanbali school of Fiqh, which is the process of interpreting Sharia and the basis of Islamic law today.
Sharia guides the personal religious practices of Muslims worldwide, but its influence on modern legal systems is a subject of debate. In Saudi Arabia, Sharia has been adopted in an uncodified form, and judges are not bound by judicial precedent, resulting in uncertainty in the scope and content of the country's laws. Courts have considerable discretion in applying Sharia principles to specific circumstances, and they regard themselves as competent to determine each case to achieve an equitable result.
The Saudi government supplements Sharia with regulations issued by royal decree to address modern issues such as intellectual property and corporate law. These include numerous regulatory instruments such as royal orders, decrees, laws, and resolutions. The government announced its intention to codify Sharia in 2010, and in 2018, it published a sourcebook of legal principles and precedents.
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The status of women
Saudi Arabia is known for its autocratic governance and alarming gender inequality. The country's Basic Law, which serves as a constitution, is based on the Qur'an and the practices of the Islamic prophet Muhammad. This religious framework, along with cultural norms, has led to a society that enforces strict gender roles and segregation.
Women's rights in Saudi Arabia have been a subject of international concern and activism. While some commentators view the situation as a crime against humanity, others observe gradual improvements over time. Women's status in the country has been influenced by a mix of legal restrictions, social norms, and activism, resulting in a complex and evolving landscape.
One notable aspect of women's rights in Saudi Arabia is their limited agency in crucial life decisions. The country's Personal Status Law (PSL), passed in 2022, has been criticised for perpetuating the male guardianship system and discriminating against women in family matters. Under this system, women are required to obtain permission from a male guardian (usually a father, brother, husband, or uncle) for various aspects of their lives, including marriage, divorce, travel, education, employment, and certain medical procedures. While some women defend this system as a source of protection, liberal activists reject it as demeaning and comparable to slavery.
The financial dependence of women on their husbands or male guardians further contributes to their economic vulnerability, especially during and after a marriage. The PSL reinforces patriarchal gender roles by expecting women to "obey" their husbands, with their financial support made conditional on this "submission". Additionally, women's rights activists who have campaigned against the male guardianship system have faced imprisonment, travel bans, and restrictions on freedom of expression.
In recent years, there have been some signs of progress. In 2013, Saudi women married to foreigners gained the right to sponsor their children for residency permits and work permits. In 2015, a law was passed allowing women to vote and hold positions on local councils. In 2018, women were granted the legal right to drive, marking a significant shift. However, the lifting of the driving ban has not entirely eliminated the challenges women face in obtaining licenses and driving in practice.
Despite these advancements, critics argue that more needs to be done to address gender-based discrimination in Saudi Arabia fully. The international community and human rights organisations continue to advocate for further reforms to promote equality and protect women's rights in the country.
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Comparisons to other countries
Saudi Arabia does not have a legally binding written constitution. Instead, it bases its legal system on Sharia laws derived from the Quran and the Sunnah of Prophet Muhammad. Article 1 of the Basic Law of Saudi Arabia emphasizes that "God's Book (Quran) and the Sunna of his Prophet (Muhammad), are its (Saudi Arabia) constitution".
Several other countries also lack a single official written constitution. These include the United Kingdom, Canada, New Zealand, and Israel. The UK's constitution is based on a set of laws and principles that define the people and the country, and it is concerned with the relationship between the people and the state, as well as the activities of the legislature, judiciary, and the executive. The UK's constitution is drawn from four sources: statute law, common law, political convention, and works of authority.
Canada's constitution is a combination of written acts and unwritten conventions. New Zealand's constitution is an amalgamation of written and unwritten sources, with the Constitution Act 1986 playing a central role, alongside statutes, orders in Council, letters patent, court decisions, and unwritten traditions and conventions.
Israel has a series of Basic Laws that are quasi-constitutional laws originally intended to form the basis of a formal constitution. These laws focus on human rights and government activities. However, Israel has struggled to reach a consensus on a formal written constitution due to irreconcilable differences in the Knesset.
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Frequently asked questions
Saudi Arabia does not have a written constitution. The closest document to a constitution is the Basic Law, which is divided into nine chapters and a total of 83 articles. However, Article 1 of the Basic Law states that the "Qur'an and the Sunnah of His Prophet (Muhammad)" are the country's constitution.
The Basic Law is a document that serves as a rough constitution for Saudi Arabia. It makes no mention of women and their rights. It also emphasises that Arabic is the official language of the country and that Riyadh is the capital.
The Quran and Sunnah are considered the ultimate sources of guidance in Saudi Arabia, with the Basic Law providing additional legal guidance. The precise boundaries of concepts such as "right" and "evil" mentioned in the Basic Law are "fine-tuned" based on Islamic teachings.
Saudi Arabia is one of a few countries, including the United Kingdom and Israel, that do not have a formal written constitution. Defenders of unwritten constitutions argue that they allow for more flexibility and adaptability to changing circumstances.
