Basic Law of Saudi Arabia
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TheBasic Law of Saudi Arabia(alternative name:Basic System of Governance;Arabic:النظام الأساسي للحكم,AlNizamAlAsasililHukm) is aconstitution-like charter divided into nine chapters, consisting of 83 articles.[1] TheBasic Law(in Article One) states that the constitution ofSaudi Arabiais "the HolyQur'an,and theSunna(Traditions) "of the Islamic prophetMuhammad.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 aWahhabiunderstanding ofIslamic law.[2]
History[edit]
Following theIraqi invasion of Kuwaitand theFirst Gulf War,King Fahdissued a royal decree that was published inofficial televisionand newspapers on 31 January 1992.[3][4]The Decree stated the following:
- Royal Decree No. A/90
- 27/8/1412 AH
- By the Help ofAllah,
- We,Fahd bin Abdul Aziz, the King of the Kingdom ofSaudi Arabia,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.[5]
TheConsultative Councilalso came to life about a year after in the light of the emerging conditions affecting the country after the war.[citation needed]
Saudi cultural and religious views stigmatize any reference to "Constitution" other than theQur'anand the practice ofMuhammad.Article 1 of the Basic Law emphasize that "God's Book (Qur'an) and theSunnaof his Prophet (Muhammad), are its (Saudi Arabia) constitution ".[6]PrinceTalal bin Abdul Azizsaid that there cannot be "a constitution, a regulation, or a law that runs counter to the Islamic Sharia" in Saudi Arabia.[7]
Articles of the Basic Law of Governance[edit]
Chapter 1:General Principles[edit]
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 atRiyadh.
Chapter 2:Monarchy[edit]
Article 7 proclaims the rights of the monarch. Next, per Article 8, "justice, consultation, and equality" shall be in accordance with Sharia.
Chapter 3:Features of the Saudi family[edit]
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[edit]
Article 18 guards theprivate propertyof citizens.
Article 21 calls for an "alms tax".
Chapter 5:Rights and Duties[edit]
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 incensorshipcases.
Chapter 6:The Authorities of the State[edit]
Islam as cornerstone of governance[edit]
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 theprime minister.Article 57 makes it clear that the king'scabinetand other lower-ranking officials must follow Islam. Those who deviate from this can be dismissed or punished.
Military[edit]
Articles 60–62: The king is thecommander-in-chiefand is endowed with powers concerning war and the national security of the country
Chapter 7:Financial Affairs[edit]
Article 71 specifies thatrevenueis entered and spent according to rules ofstatuteswhich will be published regularly in theOfficial Gazetteper Article 70.
Chapter 8:Control Bodies[edit]
Article 79–80 concerns control bodies. Control bodies will be established to ensure good financial and administrative management of state assets.[8][9]
Chapter 9:General Provisions[edit]
Article 82 makes it clear that a temporarystate of emergencyduring turmoil cannot violate Article 7 (Qur'an and sunnah).
Criticism[edit]
The Basic Law was drafted by anad hoccommittee of theinterior ministry,whichHuman Rights Watchaccuses of egregious violations of human rights.[10]
In the eighteenth centuryMuhammad bin SaudandMuhammad ibn Abdul Wahhabintegrated all the political and religious institutions into one governing body.[11]The government of Saudi Arabia reserves numerous jobs for the clergy that range from preaching tojudgeships.
Islamic clergy(ulema) such asmuftisandsheikhs,who dominate Saudi Arabian legal positions, make use of the Basic Law in addition to the Qur'an,[12]hadith,sunnah, andIslamic jurisprudencewhich all fall within Sharia.
The Basic Law makes no mention of women;Amnesty Internationalwrite 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.[13]
See also[edit]
References[edit]
- ^"The Basic Law – SAMIRAD (Saudi Arabia Market Information Resource)".Archivedfrom the original on 27 January 2007.Retrieved15 February2017.
- ^Read The 'Wahhabi Myth' Online by Haneef James Oliver | Books.
- ^Tschentscher, Axel."Saudi Arabia > Constitution".International Constitutional Law (ICL) Project.Archivedfrom the original on 26 March 2023.Retrieved7 April2023.
- ^"Empty Reforms: Saudi Arabia's New Basic Laws".Human Rights Watch.May 1992.Archivedfrom the original on 5 March 2016.Retrieved15 February2017.
- ^"Mofa Ksa || وزارة الخارجية المملكة العربية السعودية".Archivedfrom the original on 18 January 2017.Retrieved15 February2017.
- ^"Basic Law of Saudi Arabia – Wikisource, the free online library".Archivedfrom the original on 5 October 2016.Retrieved15 February2017.
- ^Saudi Prince Talal bin Abd Al-'Aziz Explains the New Method of Determining Future Kings in Saudi Arabia[dead link]12 January 2007
- ^"Archived copy"(PDF).Archived(PDF)from the original on 4 March 2016.Retrieved25 August2015.
{{cite web}}:CS1 maint: archived copy as title (link) - ^Group, Taylor & Francis (30 October 2003).The Middle East and North Africa 2004.Psychology Press.ISBN9781857431841.
- ^Introduction to Basic Law of Saudi ArabiaArchived14 March 2016 at theWayback MachineHuman Rights Watch
- ^"The Role of the Ulema (Religious Leaders) – SAMIRAD (Saudi Arabia Market Information Resource)".Archivedfrom the original on 23 October 2016.Retrieved15 February2017.
- ^"Digital Financial Network".Archived fromthe originalon 4 March 2011.Retrieved15 February2017.
- ^"Saudi Arabia: Gross human rights abuses against women".amnesty.org. 26 September 2000.Archivedfrom the original on 2 April 2015.
External links[edit]
- English text of the Basic Law at the Saudi Embassy in Washington
- King Fahd's Speech on the issuance of the Basic Law of Governance
- Archived4 October 2000 at theWayback Machine
- Saudi Arabia: Basic Law of Government
- Kingdom of Saudi Arabia's legal system
- Constitution, Government & Legislation of Saudi Arabia
- The View from a Majlis Ash-Shura Member – A Conversation with Usamah al KurdiatTheSaudi-US Relations Information Service
