Omar Bennett
Saudi Arabia's constitution, known as the Basic Law, was issued in 1992 by King Fahd, the fourth successor of Abdulaziz. The Basic Law establishes the Quran and Hadith as the constitution and sets forth the Islamic identity of the Kingdom of Saudi Arabia (KSA), stating that it is an Arab, independent Muslim State. The Basic Law also enshrines that Islam and State are indivisible and that the country's legal framework is based primarily on Sharia law.
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The Basic Law of Governance
Saudi Arabia does not have a formal constitution. Instead, the Basic Law of Governance, the Shura Council Law, and the Law of the Provinces are the constitutional laws of the country. The Basic Law, issued in 1992 by King Fahd, establishes the country's legal and governing principles.
Article 1 of the Basic Law emphasizes that "God's Book (the Qur'an) and the Sunnah of His Prophet (Muhammad) are its (Saudi Arabia's) constitution." It also states that Arabic is the official language, with Riyadh as the capital. The Basic Law makes no mention of women, and Amnesty International has criticized this omission, highlighting the discrimination and second-class citizenship faced by women in Saudi Arabia.
The Basic Law establishes Saudi Arabia as an absolute monarchy and Islamic state, with the throne passed down hereditarily. Article 7 proclaims the rights of the monarch, and Article 8 states that the system of government is founded on justice, "Shoura" (consultation), and equality, in compliance with Islamic Sharia law. Article 9 states that all members of each family shall be raised according to the Islamic faith, and Article 18 protects the private property of citizens.
The Basic Law also addresses the role of the judiciary, with Article 45 specifying the composition of the Senior Ulema Board and the Administration of Religious Research and Ifta. Article 46 emphasizes the independence of the judiciary, stating that judges are only subject to the authority of Islamic Sharia law when discharging their duties.
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Monarchy
Saudi Arabia is an absolute monarchy ruled by the House of Saud, also known as the Al Saud or the Saud dynasty. The king is the head of state and government and holds absolute power, serving as the head of the armed forces, the national honours system, and the royal family. He combines legislative, executive, and judicial functions and is the final court of appeal and the dispenser of pardons. The crown prince is the prime minister, and the king appoints a "second deputy prime minister" as the subsequent heir after the crown prince.
The kingdom has never had a written constitution, and Islamic cultural and religious views stigmatise any reference to a "constitution" other than the Quran. In 1992, the king issued a document known as the Basic Law of Saudi Arabia or the Basic Law of Government, which provides guidelines for how the government is to be run and sets forth the rights and responsibilities of citizens. Article 1 of the Basic Law emphasises that "God's Book (Qur'an) and the Sunna of his Prophet (Muhammad), are its (Saudi Arabia) constitution". The Basic Law makes no mention of women, and Amnesty International has noted that discussion of discrimination against women and their status as second-class citizens has long been taboo in Saudi Arabia.
The country's legal system is based on Islamic law, or Sharia, which is the primary source of legislation. However, the promulgation of legislation and implementation of policy are often influenced by political expediency, inner-family politics, and intertribal politics. There are more than 300 Sharia courts across the country, and the Islamic clergy (ulema) such as muftis and sheikhs dominate Saudi Arabian legal positions. The government reserves numerous jobs for the clergy, ranging from preaching to judgeships.
Saudi Arabia's monarchy is distinct from Western monarchies, which typically feature large, clearly defined royal families and orders of succession based on the primogeniture system. Instead, the kings since the country's founding monarch, Ibn Saud, have all been his sons, and all likely immediate successors to the reigning King Salman will be from among his progeny.
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Sharia law
Sharia principles are often expressed in general terms, and Saudi courts have considerable discretion in how they are applied. This has resulted in uncertainty regarding the scope and content of the country's laws. In 2010, the Saudi government announced its intention to codify Sharia, and in 2018, it published a sourcebook of legal principles and precedents.
The courts in Saudi Arabia observe few formalities, and the country's first criminal procedure code, issued in 2001, has been largely ignored. Sharia courts have the power to deny or modify the enforcement of contractual or other obligations if they believe that strict enforcement would be inequitable under Sharia principles. For example, the charging of interest is prohibited as an unlawful gain.
The Saudi government supplements Sharia by issuing decrees, laws, and regulations that address specific social and economic issues, such as intellectual property and corporate law. These laws are debated in the Shoura, a parliament appointed by the king, and reviewed by the Council of Ministers.
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Islamic identity
Saudi Arabia does not have a formal constitution, as Islamic tradition dictates that the Quran and the practices of the Prophet Muhammad are the country's constitution. However, the country does have a Basic Law, which outlines the country's Islamic identity.
Article 1 of the Basic Law states that:
> The Kingdom of Saudi Arabia is a sovereign Arab Islamic State. Its religion is Islam. Its constitution is Almighty God's Book, The Holy Quran, and the Sunna (Traditions) of the Prophet (PBUH). Arabic is the language of the Kingdom. The City of Riyadh is the capital.
The Basic Law also outlines that the country's official holidays are Islamic holidays, such as Eid Al Fitr and Eid Al Adha, and that the country's calendar follows the Hijri year, or the lunar year.
The Law also specifies that the ruler of the country must be a descendant of King Abdulaziz bin Abdulrahman Al-Faisal Al-Saud, and that the king is the commander-in-chief with powers concerning war and national security.
Articles 7 and 8 of the Basic Law proclaim the rights of the monarch and state 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 [Arabian] 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 glorious history.
The Basic Law also specifies that residents of the Kingdom of Saudi Arabia must abide by its laws and respect Saudi traditions and feelings.
The Islamic clergy, or ulema, such as muftis and sheikhs, dominate Saudi Arabian legal positions and make use of the Basic Law in addition to the Quran, hadith, sunnah, and Islamic jurisprudence, all of which fall within Sharia law.
While the Basic Law outlines the Islamic identity of the country, it has been criticised for its lack of reference to women, who are often treated as second-class citizens in Saudi Arabia.
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Secular monarchy
Saudi Arabia is an absolute monarchy, and its constitution is based on the Quran and the Sunnah, or traditions of the Prophet Muhammad. The country does not have a formal, codified constitution that is ratified by a legislative body, as is typical in many countries. Instead, the basic law of Saudi Arabia serves as a de facto constitution, outlining the country's governing principles, rights, and responsibilities. The current basic law was promulgated by a royal decree on March 1, 1992. It consists of 83 articles that provide a framework for the kingdom's governance, including the roles and powers of the king, the succession process, and the rights and duties of citizens. While the basic law does not explicitly establish a secular monarchy, it does contain some provisions that could be interpreted as promoting a degree of separation between religion and state.
Article 1 of the basic law states that "The Kingdom of Saudi Arabia is a sovereign Arab Islamic state. Its religion is Islam, and its constitution is God's book and the Sunnah of His Prophet." This article seemingly places Islam at the core of the country's legal system and governance. However, subsequent articles introduce elements that could be construed as secularizing influences. For example, Article 8 states that "Governance in the Kingdom of Saudi Arabia is based on justice, shura (consultation), and equality according to Islamic Sharia," and Article 26 emphasizes that "The state shall protect human rights in accordance with the Islamic Sharia."
The reference to "justice," "equality," and the protection of human rights can be interpreted in a secular light, suggesting that the kingdom strives for impartiality and equal treatment of all its citizens, regardless of their religious beliefs or backgrounds. Additionally, Article 45 affirms the right of citizens to litigate, seek redress, and complain to the authorities, which could be seen as a mechanism to uphold fairness and justice in a secular context. While these provisions do not explicitly establish a secular monarchy, they introduce concepts that are commonly associated with secular governance, such as equality before the law and the protection of human rights.
In practice, however, the interpretation and implementation of these articles are subject to the prevailing religious and cultural norms of Saudi society. The kingdom's legal system is deeply rooted in its interpretation of Islamic Sharia law, and religious scholars play a significant role in influencing legislation and judicial decisions. While the basic law provides a framework for governance, the country's religious establishment wields considerable influence, and the monarchy has historically relied on the support and legitimacy provided by this religious establishment. As such, the interpretation and application of the basic law are inherently linked to the religious context of the kingdom.
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Frequently asked questions
Saudi Arabia's constitution, the Basic Law, was issued in 1992 by King Fahd.
The Basic Law establishes the Koran and Hadith as the constitution. It also states that the country is an "Arab, independent Muslim State" and that "the Quran and the Sunnah are the ultimate and main source of the legal and constitutional rules".
The form of government in Saudi Arabia is an absolute monarchy.
The basis of law in Saudi Arabia is Sharia law.
