Saudi Arabia's Constitutional Evolution: A Historical Overview

how many different constitutions has saudi arabia had

The Kingdom of Saudi Arabia has had one written constitution, the Basic Law, enacted on March 1, 1992, following the First Gulf War. The Basic Law is a constitution-like charter consisting of 83 articles divided into nine chapters. It states that the constitution of Saudi Arabia is the Holy Qur'an, and the Sunnah (Traditions) of the Islamic prophet Muhammad. The Basic Law contains many characteristics of what might be called a constitution in other countries, such as The Law of Governance and Rights and Duties.

Characteristics Values
Number of Constitutions 1 (the Basic Law of Saudi Arabia, also known as the Basic System of Governance)
Date of Enactment 1 March 1992
Number of Chapters 9
Number of Articles 83
Nature of Law Based primarily on Sharia law, the Quran, and the Sunnah (Traditions) of the Prophet Muhammad
System of Government Established on the foundation of justice, "Shoura" (consultation), and equality in compliance with Islamic law
State Religion Islam
State Language Arabic
Capital Riyadh
State Holidays Eid Al Fitr (the Feast of Ramadan) and Eid Al Adha (The Feast of the Sacrifice)
Calendar Hijri year (lunar year)

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The Basic Law of Saudi Arabia

Saudi Arabia has never had a formal constitution. However, the Basic Law of Saudi Arabia, introduced in 1992, serves as a constitution-like charter. It is divided into nine chapters, consisting of 83 articles.

Article 1 of the Basic Law states that the constitution of Saudi Arabia is "the Holy Qur'an, and the Sunnah (Traditions)" of the Islamic prophet Muhammad. The Law also specifies that Arabic is the official language of Saudi Arabia, and that the capital is Riyadh.

Articles 7 and 8 of the Basic Law outline the sources of authority and the principles of governance in the Kingdom of Saudi Arabia. According to these articles, the government derives its authority from the Book of God and the Sunnah of the Prophet, which are the ultimate sources of reference for the Law and other state laws. Governance in the Kingdom is based on justice, shura (consultation), and equality in compliance with Islamic Sharia law.

The Basic Law also includes provisions for the protection of citizens' rights and freedoms. For example, Article 35 specifies the rules pertaining to Saudi Arabian nationality, while Article 36 guarantees security for all citizens and residents within the Kingdom's territories. Article 37 protects the privacy of dwellings, and Article 38 ensures that no one shall be punished for another's crimes.

The Basic Law also addresses the role of the media and the rights of residents and citizens. Article 39 states that mass media and other vehicles of expression shall employ civil and polite language, contribute to the education of the nation, and strengthen unity. It prohibits acts that lead to disorder, division, or the undermining of human rights and state security. Article 41 outlines the obligations of residents in the Kingdom, including abiding by the laws, observing the values of the Saudi community, and respecting traditions and feelings.

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Islamic Law

Saudi Arabia has never had a formal constitution. However, the Basic Law of Governance, issued in 1992, is a constitution-like charter consisting of 83 articles.

Article 1 of the Basic Law of Saudi Arabia states that the constitution of the Kingdom of Saudi Arabia is "the Holy Qur'an, and the Sunnah (Traditions)" of the Islamic prophet Muhammad. The country is a sovereign Arab Islamic State, with Islam as its religion. Arabic is the official language, and the capital is the city of Riyadh.

Article 7 of the Basic Law states that the government in the Kingdom of Saudi Arabia derives its authority from the Book of God and the Sunnah of the Prophet, which are the ultimate sources of reference for this Law and the other laws of the State.

Article 8 states that governance in the Kingdom of Saudi Arabia is based on justice, shura (consultation), and equality according to Islamic Sharia.

Article 9 of the Basic Law states that the family is the nucleus of Saudi society. Members of the family shall be raised in the Islamic Creed, which demands allegiance and obedience to God, to His Prophet and to the rulers, respect for and obedience to the laws, and love for and pride in the homeland and its history.

Article 10 states that the State shall aspire to promote family bonds and Arab-Islamic values. It shall take care of all individuals and provide the right conditions for the growth of their talents and skills.

Article 11 states that Saudi society is based on full adherence to God's guidance. Members of this society shall cooperate among themselves in charity, piety, and cohesion.

Article 12 states that the consolidation of national unity is a duty. The State shall forbid all activities that may lead to division, disorder, and partition.

Article 13 states that the aim of education is to implant the Islamic Creed in the hearts of all youths, to help them acquire knowledge and skills, to qualify them to become useful members of their society, to love their homeland, and take pride in its history.

Article 34 states that it shall be the duty of every citizen to defend the Islamic Creed, the society, and the homeland.

Article 38 states that no one shall be punished for another's crimes. No conviction or penalty shall be inflicted without reference to the Sharia or the provisions of the Law. Punishment shall not be imposed ex post facto.

Article 41 states that residents in the Kingdom of Saudi Arabia shall abide by its laws, observe the values of the Saudi community, and respect Saudi traditions and feelings.

Article 45 states that the Holy Qur'an and the Sunnah (Traditions) of God's Messenger shall be the source for fatwas (religious advisory rulings).

Article 48 states that the courts shall apply to cases before them the provisions of Islamic Sharia, as indicated by the Qur'an and the Sunnah, and whatever laws are not in conflict with the Qur'an and the Sunnah, which the authorities may promulgate.

The King of Saudi Arabia, who carries the title of 'Custodian of the Two Holy Mosques' and is the head of the 'House of Saud', has the authority to put in place new regulations as long as they do not violate the principles of the Qur'an and Sunnah.

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Western-like institutional practices

The Basic Law of Saudi Arabia, also known as the Basic System of Governance, is a constitution-like charter consisting of 83 articles divided into nine chapters. It was enacted on 1 March 1992, following the Iraqi invasion of Kuwait and the First Gulf War, and can be regarded as the first written constitution of the Kingdom of Saudi Arabia (KSA).

The Basic Law establishes the KSA as an "Arab, independent Muslim State" with Islam as its religion and Arabic as its language. It specifies that the constitution of Saudi Arabia is "the Holy Qur'an, and the Sunnah (Traditions)" of the Islamic Prophet Muhammad. The Basic Law also enshrines the indivisibility of Islam and State, removing doubts about the Islamization of the constitutional system.

While the Basic Law presents Islamic principles as the ultimate source of authority, it also incorporates Western-like institutional practices. These practices are ornamental and intertwine with tribal manners of governance and Islamic Law. The Basic Law, in many ways, resembles European Octroyed Constitutions, issued by European Heads of State without the participation of representative institutions. For example, Chapter 1 of the Basic Law outlines the general principles and features of a "new constitutional system," which includes concepts such as justice, shura (consultation), equality, and the protection of human rights in compliance with Islamic Shari'ah.

Article 45 of the Basic Law states that the Holy Qur'an and the Sunnah of God's Messenger shall be the source for fatwas (religious advisory rulings). The Law also specifies rules pertaining to Saudi Arabian nationality, public education, and the eradication of illiteracy. It guarantees the security of citizens and residents, protects against unlawful confinement, arrest, or imprisonment, and ensures the inviolability of dwellings. Additionally, it regulates the mass media, promoting the use of civil and polite language and prohibiting acts that lead to disorder, undermine human dignity, or affect the security of the state.

The Basic Law also addresses the role of the State, which includes providing security, promoting family bonds and Arab-Islamic values, and taking care of all individuals. It establishes the authorities of the State, with the King as the ultimate arbiter, and outlines the rights and duties of citizens, such as the right to political asylum and the freedom of expression.

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The Basic Law of Governance

Saudi Arabia has never had a formal constitution. Instead, it has the Basic Law, which is a constitution-like charter divided into nine chapters, consisting of 83 articles.

Article 1 of the Basic Law states that the constitution of Saudi Arabia is "the Holy Qur'an, and the Sunnah (Traditions)" of the Islamic prophet Muhammad. It also states that Arabic is the official language of Saudi Arabia and that its capital is Riyadh.

Rights and Duties

The Basic Law outlines the rights and duties of citizens and residents of Saudi Arabia. It specifies that the State shall provide security for all citizens and residents and that no one may be confined, arrested, or imprisoned without reference to the Law. It also guarantees freedom of expression for the mass media but prohibits acts that lead to disorder and division or undermine human dignity and rights.

Governance and Authorities

The Basic Law establishes the system of governance in Saudi Arabia, which is based on justice, "Shoura" (consultation), and equality in compliance with Islamic Sharia law. It states that government authority derives from the Book of God and the Sunnah of the Prophet, which are the ultimate sources of reference for the laws of the State.

The Basic Law also defines the Authorities of the State, which include the King, the Crown Prince, and the Council of Ministers. The King is the Prime Minister and the ultimate arbiter for the Authorities, and he appoints and relieves deputies of the Prime Minister and member ministers of the Council by Royal Decree.

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The Shura Council Law

Saudi Arabia has had two constitutions: the Basic Law, and the Quran and the Sunnah (Traditions) of the Islamic prophet Muhammad.

The Shura Council is based in the city of Riyadh, and its term is four Hijri years. The Council consists of a Chairman, members, and a Secretary-General, who all take an oath before the King to uphold the country's interests and laws. The number of members has increased over time, with the fourth term council (2005-2009) consisting of 150 members plus the speaker.

The Shura Council has the right to express its opinion on the State's general policies referred by the Prime Minister or the President of the Council of Ministers. It can discuss the general plan for economic and social development, review laws and regulations, international treaties, and concessions, and discuss annual reports from government agencies. The Council can also form specialised committees from among its members to exercise its powers and ad hoc committees to discuss specific issues.

The Shura Council can propose new draft laws or amendments to existing laws, which are submitted to the King by the Chairman. The Chairman can also request documents from government agencies to facilitate the Council's work and submit an annual report to the King. The Council has a special budget allocated by the King and regulated by royal decree.

The regulations of the Shura Council define the roles of its officers, the methods of conducting meetings, the management of its work, the voting procedure, and the rules of debate. These regulations are issued by Royal Order, and any amendments to the Shura Council Law must be made in the same manner.

Frequently asked questions

Saudi Arabia has had one written constitution, the Basic Law, enacted on 1 March 1992.

The Basic Law is a constitution-like charter consisting of 83 articles, divided into nine chapters.

Article One of the Basic Law states that the constitution of Saudi Arabia is "the Holy Qur'an, and the Sunnah (Traditions)" of the Islamic Prophet Muhammad.

The Basic Law also includes characteristics of what might be considered a constitution in other countries, such as "The Law of Governance" and "Rights and Duties".

The Basic Law is similar to European Octroyed Constitutions, issued by European Kings or Heads of State without the participation of representative institutions.

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