The Basic Law of Saudi Arabia (alternative name: Basic System of Governance; ar, النظام الأساسي للحكم, ') is a
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princ ...
-like charter divided into nine chapters, consisting of 83 articles.
The
Basic Law (in Article One) states that the constitution of
Saudi Arabia
Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the A ...
is "the Holy
Qur'an
The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , s ...
, and the
Sunna (Traditions)" of the Islamic prophet
Muhammad
Muhammad ( ar, مُحَمَّد; 570 – 8 June 632 CE) was an Arab religious, social, and political leader and the founder of Islam. According to Islamic doctrine, he was a prophet divinely inspired to preach and confirm the mo ...
. However, the Basic Law contains many characteristics of what might be called a constitution in other countries ("The Law of Governance", "Rights and Duties"). The Basic Law is in accordance with a
Salafi understanding of
Sharia and does not override
Islamic laws.
History
Following the
Iraqi invasion of Kuwait
The Iraqi invasion of Kuwait was an operation conducted by Iraq on 2 August 1990, whereby it invaded the neighboring State of Kuwait, consequently resulting in a seven-month-long Iraqi military occupation of the country. The invasion and Ira ...
and the
First Gulf War,
King Fahd
Fahd bin Abdulaziz Al Saud ( ar, فهد بن عبد العزيز آل سعود ''Fahd ibn ʿAbd al ʿAzīz Āl Suʿūd'', ; 1920, 1921 or 1923 – 1 August 2005) was a Saudi Arabian politician who was King and Prime Minister of Saudi Arabia fro ...
issued a royal decree that was published in
official television and newspapers on 31 January 1992. The Decree stated the following:
::Royal Decree No. A/90
::27/8/1412 AH
::By the Help of
Allah,
::
We, Fahd bin Abdul Aziz, the King of the Kingdom of
Saudi Arabia
Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the A ...
, consistent with the public interest, and in view with the development of the State in different fields, in addition to our enthusiasm to achieve our prospected objectives, we ordered the following:
::First: Issue the Basic System of Governance according to the context herein below.
::Second: Act in accordance with all the systems, orders, and resolutions that are currently adopted, until they are amended pursuant to the Basic System of Governance.
::Third: The Basic System of Governance shall be published in the official journal and shall be enforceable as of the date of its publication.
The
Consultative Council also came to life about a year after in the light of the emerging conditions affecting the country after the war.
Saudi cultural and religious views stigmatize any reference to "Constitution" other than the
Qur'an
The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , s ...
and the practice of
Muhammad
Muhammad ( ar, مُحَمَّد; 570 – 8 June 632 CE) was an Arab religious, social, and political leader and the founder of Islam. According to Islamic doctrine, he was a prophet divinely inspired to preach and confirm the mo ...
. Article 1 of the Basic Law emphasize that "God's Book (Qur'an) and the
Sunna of his Prophet (Muhammad), are its (Saudi Arabia) constitution". Prince
Talal bin Abdul Aziz said that there cannot be "a constitution, a regulation, or a law that runs counter to the Islamic Sharia" in Saudi Arabia.
Articles of the Basic Law of Governance
Chapter 1: General Principles
Article 1 states that "God's Book and the Sunna of His Prophet" are the country's constitution and Arabic is the official language with the capital at
Riyadh
Riyadh (, ar, الرياض, 'ar-Riyāḍ, lit.: 'The Gardens' Najdi pronunciation: ), formerly known as Hajr al-Yamamah, is the capital and largest city of Saudi Arabia. It is also the capital of the Riyadh Province and the centre of th ...
.
Chapter 2 Chapter Two, Chapter 2, or Chapter II may refer to:
Film, television, and theatre
* ''Chapter Two'' (play), a 1977 play by Neil Simon
* ''Chapter Two'' (film), a 1979 adaptation of Neil Simon's play
Television episodes
* "Chapter 2" (''American H ...
: Monarchy
Article 7 proclaims the rights of the monarch. Next, per Article 8, "justice, consultation, and equality" shall be in accordance with Sharia.
...
Chapter 3 Chapter Three refers to a third Chapter (books), chapter, but the term may also refer to:
Albums
*Chapter III (Agathodaimon album), ''Chapter III'' (Agathodaimon album), 2003
*Chapter III (Allure album), ''Chapter III'' (Allure album), 2004
*Chapte ...
: Features of the Saudi family
Article 9 states that all members of each family in Saudi Arabia shall be reared "on the basis of the Islamic faith."
Chapter 4: Economic Principles
Article 18 guards the
private property of citizens.
Article 21 calls for an "
alms tax".
Chapter 5: Rights and Duties
Article 27 establishes a "system of social security"; It has become feasible without expropriation and high taxes due to the large supplies of oil and a population of 33 million people. Article 39 requires all media outlets to conform to "the state's regulations," and explicitly forbids any act that "foster(s) sedition or division," which is often cited in
censorship
Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments ...
cases.
Chapter 6: The Authorities of the State
Islam as cornerstone of governance
Article 45 affirms that religious rulings must be in accordance with the "Holy Qur'an and the Prophet's Sunna." To this end, a panel of Islamic clergy and research group shall be established.
According to Article 55, the king must "rule according to the traditions of Islam and shall supervise the application of Sharia." Article 56 states that the king is also the
prime minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
. Article 57 makes it clear that the king's
cabinet and other lower-ranking officials must follow Islam. Those who deviate from this can be dismissed or punished.
Military
Articles 60–62: The king is the
commander-in-chief and is endowed with powers concerning war and the national security of the country
Chapter 7: Financial Affairs
Article 71 specifies that
revenue
In accounting, revenue is the total amount of income generated by the sale of goods and services related to the primary operations of the business.
Commercial revenue may also be referred to as sales or as turnover. Some companies receive reven ...
is entered and spent according to rules of
statutes which will be published regularly in the ''Official Gazette'' per Article 70.
Chapter 8: Control Bodies
Article 79–80 concerns control bodies. Control bodies will be established to ensure good financial and administrative management of state assets.
Chapter 9: General Provisions
Article 82 makes it clear that a temporary
state of emergency during turmoil cannot violate Article 7 (Qur'an and sunnah).
Criticism
The Basic Law was drafted by an
ad hoc
Ad hoc is a Latin phrase meaning literally 'to this'. In English, it typically signifies a solution for a specific purpose, problem, or task rather than a generalized solution adaptable to collateral instances. (Compare with '' a priori''.)
C ...
committee of the
interior ministry, which
Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
accuses of egregious violations of human rights.
In the eighteenth century
Muhammad bin Saud
Muhammad bin Saud Al Muqrin ( ''Muḥammad bin Suʿūd Āl Muqrin''; 1687–1765), also known as Ibn Saud, was the emir of Diriyah and is considered the founder of the First Saudi State and the Saud dynasty, which are named for his father, Sa ...
and
Muhammad ibn Abdul Wahhab
Muhammad ibn Abd al-Wahhab ibn Sulayman al-Tamimi ( ar, محمد بن عبد الوهاب بن سليمان , translit=Muḥammad ibn ʿAbd al-Wahhāb ibn Sulaymān al-Tamīmī; 1703–1792) was an Arabian Islamic scholar, theologian, preacher, ac ...
integrated all the political and religious institutions into one governing body. The government of Saudi Arabia reserves numerous jobs for the clergy that range from preaching to
judgeships.
Islamic clergy (ulema) such as
mufti
A Mufti (; ar, مفتي) is an Islamic jurist qualified to issue a nonbinding opinion (''fatwa'') on a point of Islamic law (''sharia''). The act of issuing fatwas is called ''iftāʾ''. Muftis and their ''fatwas'' played an important role ...
s and
sheikhs
Sheikh (pronounced or ; ar, شيخ ' , mostly pronounced , plural ' )—also transliterated sheekh, sheyikh, shaykh, shayk, shekh, shaik and Shaikh, shak—is an honorific title in the Arabic language. It commonly designates a chief of a ...
, who dominate Saudi Arabian legal positions, make use of the Basic Law in addition to the Qur'an,
hadith
Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approva ...
, sunnah, and
Islamic jurisprudence which all fall within Sharia.
The Basic Law makes no mention of women;
Amnesty International write in their 2000 report on Saudi Arabia:
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.
Although issues relating to Women are dealt with according to the Quran, the Sunna, and Islamic tradition
See also
*
Legal system of Saudi Arabia
The legal system of Saudi Arabia is based on Sharia, Islamic law derived from the Qur'an and the Sunnah (the traditions) of the Islamic prophet Muhammad. The sources of Sharia also include Islamic scholarly consensus developed after Muhammad's ...
References
External links
English text of the Basic Law at the Saudi Embassy in WashingtonKing Fahd's Speech on the issuance of the Basic Law of Governanceat ''The
Saudi-US Relations Information Service''
{{DEFAULTSORT:Basic Law of Saudi Arabia
Saudi Arabia, Basic Law of
Uncodified constitutions