Isabella Carter
Saudi Arabia has been governed by Islamic Law since its inception in 1932. The Basic Law of Governance, issued in 1992, confirmed that the country's religion is Islam and its constitution is the Quran and the Sunnah (Traditions) of the Prophet. The Quran and the Sunnah, derived from the Prophet Muhammad's conduct, practice, utterances, or tacit approval, form the primary sources of law that govern the country. The country's highest court, the Supreme Court in Riyadh, follows Islamic Law rules on procedure and evidence. Saudi Arabia's constitution is unique among Muslim-majority countries, consciously preserving the Sunni constitutional system that prevailed in most of the Muslim world for the last 1000 years.
| Characteristics | Values |
|---|---|
| Is the Quran a part of the Saudi Constitution? | Yes, the Quran is considered the Saudi Constitution, along with the Sunnah of the Prophet. |
| Country | Saudi Arabia |
| Type of Country | A sovereign Arab Islamic State |
| Religion | Islam |
| Official Language | Arabic |
| Capital | Riyadh |
| Form of Governance | Absolute Monarchy |
| Sources of Law | Quran, Sunnah, Ijma, Ijtihad |
| Court System | Supreme Court, Appellate Courts, Courts of Appeal, First Instant |
| Judicial Interpretation | Hanafi, Maliki, Shafi'i, Hanbali |
| Religious Police | Haia |
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What You'll Learn
Islamic Law in Saudi Arabia
Saudi Arabia has been governed by Islamic Law since its inception on 23 September 1932. This was formalised by the issuance of the 'Basic Law of Governance' (the "Basic Law"), which was promulgated by Royal Decree on 1 March 1992. The Basic Law is the closest thing to a constitution for the country, which is ruled by an absolute monarchy.
Article 1 of the Basic Law states:
> The Kingdom of Saudi Arabia is a fully sovereign Arab Islamic State. Its religion shall be Islam and its constitution shall be the Book of God and the Sunnah (Traditions) of His Messenger, may God’s blessings and peace be upon him (PBUH). Its language shall be Arabic and its capital shall be the city of Riyadh.
Article 7 of the Basic Law also states:
> Governance in the Kingdom of Saudi Arabia derives its authority from the Book of God Most High and the Sunnah of his Messenger, both of which govern this Law and all the laws of the State.
The Qur’ān and the Sunna (which derives from the conduct, practice, utterances, or tacit approval of the Prophet Muhammad) are the primary sources of law that govern the country. Other traditional secondary sources of Islamic Law, ijmā’ (consensus) and ijtihād (endeavour), are also applied in the country to a limited extent.
Saudi Arabia has adopted the Hanbali school as its official school of Islamic Jurisprudence. The country's legal positions are dominated by Islamic clergy (ulema) such as muftis and sheikhs, who make use of the Basic Law in addition to the Qur'an, hadith, sunnah, and Islamic jurisprudence, all of which fall within Sharia law.
The Saudi court system consists of the Supreme Court in Riyadh as the highest court, followed by Appellate Courts, Courts of Appeal, and First Instant courts. Each court at every level follows Islamic Law rules on procedure and evidence.
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The Basic Law of Governance
Article 1 of the Basic Law states:
> The Kingdom of Saudi Arabia is a fully sovereign Arab Islamic State. Its religion shall be Islam and its constitution shall be the Book of God and the Sunnah (Traditions) of His Messenger, may God’s blessings and peace be upon him (PBUH). Its language shall be Arabic and its capital shall be the city of Riyadh.
Article 7 of the Basic Law also states that:
> Governance in the Kingdom of Saudi Arabia derives its authority from the Book of God Most High and the Sunnah of his Messenger, both of which govern this Law and all the laws of the State.
The Quran and the Sunnah (or the example of the Prophet Muhammad) are the primary sources of law that govern the country. The Sunnah is derived from the Prophet Muhammad's conduct, practice, utterances, or tacit approval of events. The Quran and Sunnah are supplemented by other traditional secondary sources of Islamic Law, including ijmā’ (consensus) and ijtihād (endeavour), which are applied in a limited manner in Saudi Arabia.
The Basic Law makes no mention of women, and Amnesty International has criticised this omission in its 2000 report on Saudi Arabia. The report states that:
> Discussion of discrimination against women and their status as second-class citizens has for a long time been a taboo, untouchable even by the highest of state authorities in the country despite all the misery and suffering of women for no reason other than their having been born female.
Saudi Crown Prince Mohammed bin Salman Al Saud has also acknowledged that the country's laws must be "internationally recognised" to increase foreign investment and tourism. He has criticised the devotion of Saudi religious leaders to Wahhabism (the doctrines based on 18th-century preacher Muhammad ibn Abd al-Wahhab) and questioned the basis of orthodox Islamic law.
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The Shura Council
In addition to the Shura Council at the national level, there are also Shura Councils in other parts of the Muslim world, such as Qatar. The Qatari Shura Council, established in 1972, serves as the legislative authority of the State of Qatar. It is responsible for approving the state's budget, examining draft laws and decrees, discussing state policies, and addressing state affairs in social and cultural fields. The Qatari Shura Council comprises 45 members appointed through an Amiri decree, with a term of office lasting four calendar years.
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The role of the King
The Kingdom of Saudi Arabia is a monarchy ruled by the Saud dynasty, a family whose status was established by its close ties with and support for the Wahhabi religious establishment. Saudi Arabia is a unitary absolute monarchy, where the King is both the head of state and government. The King combines legislative, executive, and judicial functions, and typically also takes on the role of Prime Minister. The King is also the commander-in-chief of the military and appoints a Crown Prince to help him with his duties.
The King governs with the help of the Council of Ministers, or the Cabinet, which consists of 22 government ministries. Each ministry specialises in a different part of the government, such as foreign affairs, education, and finance. The King is also advised by a legislative body called the Majlis Al-Shura, or the Consultative Council, which proposes new laws and amends existing ones. The Council consists of 150 members who are appointed by the King for four-year terms that can be renewed.
The King must comply with Sharia, or Islamic law, and the Quran. The Quran and the Sunnah are declared to be the de jure country's constitution, and the Basic Law of Saudi Arabia, issued by Royal Decree in 1992, provides guidelines for how the government is to be run and sets forth the rights and responsibilities of citizens. The King may delegate parts of his authority to the Crown Prince by Royal Order, particularly when travelling abroad.
While the King is the ultimate decision-maker, decisions are made to a large extent on the basis of consultation among the Council of Ministers, tribal leaders, and other traditional elites of society. The views of important members of the Ulema (religious scholars), leading tribal sheikhs, and heads of prominent commercial families are also considered. The kingdom is divided into 13 administrative regions, each with its own governor and deputy governor, who are usually appointed from the royal family.
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The role of the Crown Prince
The Kingdom of Saudi Arabia has been governed by Islamic Law since its inception on 23 September 1932. This was formalised by the issuance of the 'Basic Law of Governance' (the "Basic Law"), which was promulgated by Royal Decree on 1 March 1992. The Basic Law establishes that the Quran and the Sunnah (Traditions) of the Prophet Muhammad form the constitution of the country.
The Crown Prince of Saudi Arabia is the second-most important position in the country, second only to the King, and is the designated successor to the throne. The current Crown Prince assumes power with the approval of the Allegiance Council after being nominated by the King. In the absence of the King, the Crown Prince is responsible for managing the affairs of the state and looking after the interests of the people.
The current Crown Prince, Mohammed bin Salman, is also the de facto ruler of Saudi Arabia and has introduced a series of social and economic reforms. He has also been at the centre of several controversies, including the assassination of Jamal Khashoggi, for which he received immunity. Mohammed has positioned Saudi Arabia as a neutral mediator in global conflicts, reflecting its growing role as a diplomatic power broker. He has also led the country's military intervention in Yemen and implemented an anti-corruption sweep, which some observers believe was intended to consolidate power.
In summary, the Crown Prince of Saudi Arabia plays a pivotal role in the country's governance, especially during the King's absence. The position carries significant influence, and the incumbent often has a substantial impact on the country's domestic and foreign policies.
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Frequently asked questions
Yes, the Quran is considered the primary source of law in Saudi Arabia, along with the Sunnah of the Prophet Muhammad.
The Basic Law of Governance, issued in 1992, is the closest thing to a constitution in Saudi Arabia, which is an absolute monarchy.
Article 1 of the Basic Law states that "God's Book (Quran) and the Sunna of his Prophet (Muhammad), are its (Saudi Arabia) constitution". It also states that the country's official language is Arabic and that its capital is Riyadh.
The Quran and Sunnah form the basis of Islamic Law, which governs the country. The interpretation and understanding of these sources, known as Islamic Jurisprudence (fiqh), determine how they are applied in practice.
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