Simone Lawson
Saudi Arabia is an absolute monarchy and Islamic state. The Basic Law of Saudi Arabia, adopted in 1992, is the closest thing the country has to a constitution. The Basic Law is per the Sunni Salafi School understanding of Islamic law, and it states that the Quran and the Sunnah of the Islamic Prophet Muhammad are the country's constitution. The Basic Law contains many characteristics of what might be called a constitution in other countries, including The Law of Governance and Rights and Duties.
| Characteristics | Values |
|---|---|
| Date of adoption | 1 March 1992 |
| Type of government | Monarchy |
| Official name | The Basic Law of Saudi Arabia (alternative name: Basic System of Governance; Arabic: النظام الأساسي للحكم, Al Nidham Al Asasi lil Hukm) |
| Number of chapters | 9 |
| Number of articles | 83 |
| Official language | Arabic |
| Capital | Riyadh |
| Official religion | Islam |
| Official text | The Holy Qur'an, and the Sunnah (Traditions) of the Islamic prophet Muhammad |
| Legal system | Sharia law |
| Rights | Freedom of residences, freedom of movement, freedom of religion, right to political asylum, right to address public authorities, right to attend, meet, and petition the king |
| Responsibilities | Respect for and implementation of laws, respect for values, traditions and sensibilities of Saudi society |
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What You'll Learn
The Basic Law of Saudi Arabia is a constitution-like charter
Saudi Arabia is an absolute monarchy and Islamic state. The Basic Law of Saudi Arabia, also known as the Basic System of Governance, is a constitution-like charter divided into nine chapters, consisting of 83 articles.
The Basic Law was adopted by royal decree in 1992 by King Fahd, who issued the decree following the Iraqi invasion of Kuwait and the First Gulf War. The decree was published on official television and in newspapers on 31 January 1992.
Article 1 of the Basic Law states that the constitution of Saudi Arabia is "God's Book (Qur'an) and the Sunnah (Traditions) of his Prophet (Muhammad)". The Qur'an and the Sunnah are also declared to be the official constitution of the country in Article 1 of the Basic Law. The kingdom's governance is officially proclaimed to be conducted on the basis of Islamic law (Sharia).
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". However, Saudi cultural and religious views stigmatize any reference to a "Constitution" other than the Qur'an and the practice of Muhammad.
The Basic Law makes no mention of women. Amnesty International wrote in their 2000 report on Saudi Arabia 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."
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The Basic Law was adopted in 1992
The Kingdom of Saudi Arabia, an absolute monarchy, has been governed since its foundation by a combination of royal decree and Islamic law, or Sharia. While the country has long been considered to be in need of a formal constitution, it was only in 1992 that 'The Basic Law' was adopted. This came about as a response to the increasing pressure for political and legal reform, and it was an attempt to provide a framework for the country's governance and to define the role and powers of the kingdom's institutions and ruling family.
The Basic Law was issued by royal decree by King Fahd, who was the king of Saudi Arabia from 1982 to 2005. It is considered the closest thing to a constitution that the country has, and it outlines the responsibilities and powers of the king, as well as the rights and duties of Saudi citizens. While it falls short of a full bill of rights, it does provide a degree of legal protection for citizens and sets out the structure and responsibilities of the kingdom's government.
One of the key features of the Basic Law is its emphasis on Sharia law. It states that the "Kingdom's constitution is based on the Book of God and the Sunnah of His Prophet", referring to the Quran and the teachings of the Prophet Muhammad. This means that Islamic law is the primary source of legislation and serves as the basis for all laws and regulations in the kingdom. The law also establishes that the king must comply with Sharia and that the kingdom's ulamas, or Islamic scholars, have a degree of legislative power.
In addition to emphasizing Islamic law, the Basic Law also sets out the structure of the kingdom's government. It establishes the king as the head of state and outlines his powers, which include appointing and presiding over the Council of Ministers, or the kingdom's cabinet. The law also creates a Consultative Assembly, or Shura Council, which is an appointed body that reviews and interprets laws and advises the king.
While the Basic Law provides a degree of legal and governmental framework for Saudi Arabia, it has also been criticized for falling short of a true constitution. It does not, for example, establish a clear separation of powers or provide for an independent judiciary. Additionally, the law does not guarantee certain fundamental rights and freedoms that are typically associated with democratic constitutions.
Nevertheless, the Basic Law represents a significant step in the kingdom's legal and political development and continues to serve as the foundation for Saudi Arabia's system of governance.
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Saudi Arabia is an absolute monarchy
The Basic Law declares that the Quran and the Sunnah (Traditions) of the Islamic prophet Muhammad are the constitution of Saudi Arabia. It contains many characteristics of what might be called a constitution in other countries, such as "The Law of Governance" and "Rights and Duties". However, it does not restrict the monarch's power, and Saudi Arabia is one of only four countries that do not have a separate legislative body.
The government of Saudi Arabia is dominated by the vast royal family, with all important government posts held by princes of the family. The king is the head of both state and government, and power is shared among members of the royal family and certain leaders of the Wahhabi sect of Islam. The king must comply with Sharia (Islamic law) and the Quran, and the interpretation of these texts is carried out by the Council of Senior Scholars, the Saudi religious establishment.
While Saudi Arabia is an absolute monarchy, major policy decisions are not made solely by the king. Decisions are made by establishing a consensus within the royal family and considering the views of important members of Saudi society, including religious scholars, leading tribal sheikhs, and heads of prominent commercial families. The personality and capabilities of the reigning monarch influence the politics and national policies of the country. For example, King Saud (1954-1964) was considered incompetent and extravagant, leading to an economic and political crisis that resulted in his forced abdication. On the other hand, King Faisal (1964-1975) was a "modernist" who favored economic, technological, and governmental progress but was also politically and religiously conservative.
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The Basic Law is per the Sunni Salafi School understanding of Islamic law
Saudi Arabia is an absolute monarchy and Islamic state. It does not have a legally binding written constitution. The Basic Law of Saudi Arabia, adopted in 1992, serves as a constitution-like charter.
Article 1 of the Basic Law emphasizes that "God's Book (Qur'an) and the Sunna of his Prophet (Muhammad), are its (Saudi Arabia) constitution". Arabic is the official language, with the capital at Riyadh. Article 7 proclaims the rights of the monarch. Article 8 states that "justice, consultation, and equality" shall be in accordance with Sharia law. Article 9 states that all members of each family in Saudi Arabia shall be raised "on the basis of the Islamic faith". Article 18 guards the private property of citizens.
The Basic Law makes no mention of women. Amnesty International's 2000 report on Saudi Arabia highlights the taboo surrounding the discussion of discrimination against women, who are often treated as second-class citizens.
The government of Saudi Arabia reserves many jobs for the clergy, including preaching and 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 Qur'an, hadith, sunnah, and Islamic jurisprudence, all of which fall within Sharia law.
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The Quran and Sunnah are the country's de jure constitution
Saudi Arabia is an absolute monarchy and Islamic state. It is ranked among the "worst of the worst" dictatorships in the Freedom in the World report. The country has never had a written constitution, and its cultural and religious views stigmatize any reference to a "constitution" other than the Quran and the practice of Prophet Muhammad.
Article 1 of the Basic Law, also known as the Basic System of Governance, emphasizes that "God's Book (Quran) and the Sunnah of his Prophet (Muhammad) are its (Saudi Arabia's) constitution". The Basic Law was issued by King Fahd as a royal decree in 1992, following the Iraqi invasion of Kuwait and the First Gulf War. It contains many characteristics of what might be called a constitution in other countries, including "The Law of Governance" and "Rights and Duties".
The Basic Law declares that the Quran and the Sunnah are the de jure constitution of Saudi Arabia. The kingdom's governance is officially proclaimed to be conducted on the basis of Islamic law (Sharia). The Sunnah, or the traditions of Prophet Muhammad, are also an integral part of the constitution. The interpretation of the Quran and the Sunnah is carried out by the Council of Senior Scholars, the Saudi religious establishment.
The Basic Law sets forth the Islamic identity of Saudi Arabia, stating that it is an "Arab, independent Muslim State, its religion is Islam, and the Quran and the Sunnah are the ultimate and main source of legal and constitutional rules". It enshrines that Islam and the State are indivisible, removing doubts about the Islamization of the constitutional system. The Basic Law also sets forth Monarchy as the form of government in Saudi Arabia, with the throne being hereditary and passed down through the sons of the kingdom's founder, King Abd Al Aziz, and their sons.
The Quran and the Sunnah form the basis of the legal system in Saudi Arabia, which includes Islamic clergy (ulema) such as muftis and sheikhs who dominate legal positions. The Basic Law also outlines various rights and duties of citizens, such as the right to security, freedom from arbitrary detention, and the protection of private property. It also sets forth provisions for Saudi Arabian citizenship and the expression of mass media, which must use decent language and adhere to state laws.
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Frequently asked questions
Saudi Arabia's current constitution was adopted in 1992.
The Basic Law of Saudi Arabia, also known as the Basic System of Governance.
The Basic Law of Saudi Arabia is a constitution-like charter divided into nine chapters, consisting of 83 articles.
The Basic Law of Saudi Arabia states that the country's constitution is the Holy Qur'an, and the Sunnah (Traditions) of the Islamic prophet Muhammad.
The Basic Law outlines that the country's governance is to be conducted on the basis of Islamic law (Sharia). It also sets forth the Islamic identity of the country, stating that it is an "Arab, independent Muslim State".
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