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'{{Short description|Constitution-like charter divided into nine chapters}} {{Use dmy dates|date=March 2020}} {{Politics of Saudi Arabia}} The '''Basic Law of Saudi Arabia''' (alternative name: '''Basic System of Governance'''; {{lang-ar|النظام الأساسي للحكم}}, ''{{transl|ar|Al [[wikt:نظام#Arabic|Nidham]] Al [[wikt:أساس#Arabic|Asasi]] lil [[wikt:حكم#Arabic|Hukm]]}}'') is a [[constitution]]-like charter divided into nine chapters, consisting of 83 articles.<ref>{{cite web|url=http://saudinf.com/main/c541.htm|title=The Basic Law – SAMIRAD (Saudi Arabia Market Information Resource)|access-date=15 February 2017|url-status=live|archive-url=https://web.archive.org/web/20070127032356/http://www.saudinf.com/main/c541.htm|archive-date=27 January 2007}}</ref> The [[Basic Law]] (in Article One) states that the constitution of [[Saudi Arabia]] is "the Holy [[Qur'an]], and the [[Sunnah|Sunna]] (Traditions)" of the Islamic prophet [[Muhammad]]. 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 [[Salafism|Salafi]] understanding of [[Sharia]] and does not override [[Fiqh|Islamic laws]].<ref>{{Cite book|url=https://www.scribd.com/book/147860942/The-Wahhabi-Myth-Dispelling-Prevalent-Fallacies-and-the-Fictitious-link-with-Bin-Laden|title=Read The 'Wahhabi Myth' Online by Haneef James Oliver {{!}} Books|language=en}}</ref>|<nowiki>]]</nowiki>|motto=|motto_lang=Arabic|motto_trans=|heirlooms=<!-- Inheritances; antiques, mementoes, jewelry, etc. -->|estate=<!-- Residence, seat, etc. -->|website=<!-- {{URL|example.com}}, website of the family association/foundation/memorial, etc. -->|footnotes=}} ==History== [[File:Fahd bin Abdul Aziz.jpg|thumb|[[King Fahd]] introduced the Basic Law in 1992.]] Following the [[Iraqi invasion of Kuwait]] and the [[First Gulf War]], [[King Fahd]] issued a royal decree that was published in [[Broadcasting Services of the Kingdom of Saudi Arabia|official television]] and newspapers on 31 January 1992.<ref>[http://www.oefre.unibe.ch/law/icl/sa00000_.html Saudi Arabia – Constitution] {{webarchive|url=https://web.archive.org/web/20070206115254/http://www.oefre.unibe.ch/law/icl/sa00000_.html |date=6 February 2007 }}</ref><ref>{{cite web|url=https://www.hrw.org/reports/1992/saudi/|title=saudi index|access-date=15 February 2017|url-status=live|archive-url=https://web.archive.org/web/20160305202623/https://www.hrw.org/reports/1992/saudi/|archive-date=5 March 2016}}</ref> The Decree stated the following: ::Royal Decree No. A/90 ::27/8/1412 AH ::By the Help of [[Allah]], ::[[Royal we|We]], Fahd bin Abdul Aziz, the King of the Kingdom of [[Saudi 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.<ref>{{cite web|url=http://www.mofa.gov.sa/Detail.asp?InNewsItemID=35297|title=Request Rejected|access-date=15 February 2017|url-status=live|archive-url=https://web.archive.org/web/20170118073949/http://www.mofa.gov.sa/Detail.asp?InNewsItemID=35297|archive-date=18 January 2017}}</ref> The [[Consultative Assembly of Saudi Arabia|Consultative Council]] also came to life about a year after in the light of the emerging conditions affecting the country after the war.{{citation needed|date=August 2016}} Saudi cultural and religious views stigmatize any reference to "Constitution" other than the [[Qur'an]] and the practice of [[Muhammad]]. Article 1 of the Basic Law emphasize that "God's Book (Qur'an) and the [[Sunnah|Sunna]] of his Prophet (Muhammad), are its (Saudi Arabia) constitution".<ref>{{cite web|url=http://en.wikisource.org/wiki/Basic_Law_of_Saudi_Arabia?oldid=446074|title=Basic Law of Saudi Arabia – Wikisource, the free online library|access-date=15 February 2017|url-status=live|archive-url=https://web.archive.org/web/20161005114145/https://en.wikisource.org/wiki/Basic_Law_of_Saudi_Arabia?oldid=446074|archive-date=5 October 2016}}</ref> 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.<ref>[http://www.memritv.org/Transcript.asp?P1=1361 Saudi Prince Talal bin Abd Al-'Aziz Explains the New Method of Determining Future Kings in Saudi Arabia]{{Dead link|date=February 2017}} 12 January 2007</ref> ==Articles of the Basic Law of Governance== ===[[wikisource:Basic Law of Saudi Arabia#Chapter 1 General Principles|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]]. ===[[wikisource:Basic Law of Saudi Arabia#Chapter 2 Monarchy|Chapter 2]]: Monarchy=== Article 7 proclaims the rights of the monarch. Next, per Article 8, "justice, consultation, and equality" shall be in accordance with Sharia. ... ===[[wikisource:Basic Law of Saudi Arabia#Chapter 3 Features of the Saudi Family|Chapter 3]]: 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." ===[[wikisource:Basic Law of Saudi Arabia#Chapter 4 Economic Principles|Chapter 4]]: Economic Principles=== Article 18 guards the [[private property]] of citizens. Article 21 calls for an "[[zakat|alms tax]]". ===[[wikisource:Basic Law of Saudi Arabia#Chapter 5 Rights and Duties|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 in Saudi Arabia|censorship]] cases. ===[[wikisource:Basic Law of Saudi Arabia#Chapter 6 The Authorities of the State|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]]. Article 57 makes it clear that the king's [[Cabinet (government)|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 ===[[wikisource:Basic Law of Saudi Arabia#Chapter 7 Financial Affairs|Chapter 7]]: Financial Affairs=== Article 71 specifies that [[revenue]] is entered and spent according to rules of [[statute]]s which will be published regularly in the ''Official Gazette'' per Article 70. ===[[wikisource:Basic Law of Saudi Arabia#Chapter 8 Control Bodies|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.<ref>{{cite web |url=https://www.constituteproject.org/constitution/Saudi_Arabia_2005.pdf |title=Archived copy |access-date=2015-08-25 |url-status=live |archive-url=https://web.archive.org/web/20160304085028/https://www.constituteproject.org/constitution/Saudi_Arabia_2005.pdf |archive-date=4 March 2016}}</ref><ref>{{Cite book|url=https://books.google.com/books?id=pP315Mw3S9EC|title=The Middle East and North Africa 2004|last=Group|first=Taylor & Francis|date=2003-10-30|publisher=Psychology Press|isbn=9781857431841|language=en}}</ref> ===[[wikisource:Basic Law of Saudi Arabia#Chapter 9 General Provisions|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]] committee of the [[interior ministry]], which [[Human Rights Watch]] accuses of egregious violations of human rights.<ref>[https://www.hrw.org/reports/1992/saudi/INTROTHR.htm#TopOfPage Introduction to Basic Law of Saudi Arabia] {{webarchive|url=https://web.archive.org/web/20160314021218/https://www.hrw.org/reports/1992/saudi/INTROTHR.htm |date=14 March 2016 }} ''[[Human Rights Watch]]''</ref> In the eighteenth century [[Muhammad bin Saud]] and [[Muhammad ibn Abdul Wahhab]] integrated all the political and religious institutions into one governing body.<ref>{{cite web|url=http://saudinf.com/main/c3.htm|title=The Role of the Ulema (Religious Leaders) – SAMIRAD (Saudi Arabia Market Information Resource)|access-date=15 February 2017|url-status=live|archive-url=https://web.archive.org/web/20161023070429/http://www.saudinf.com/main/c3.htm|archive-date=23 October 2016}}</ref> The government of Saudi Arabia reserves numerous jobs for the clergy that range from preaching to [[judge]]ships. [[Islamic clergy]] (ulema) such as [[mufti]]s and [[sheikhs]], who dominate Saudi Arabian legal positions, make use of the Basic Law in addition to the Qur'an,<ref>{{cite web|url=http://unix.dfn.org/Saudi_Arabia.shtml|title=Digital Financial Network|access-date=15 February 2017|url-status=dead|archive-url=https://web.archive.org/web/20110304005648/http://unix.dfn.org/Saudi_Arabia.shtml|archive-date=4 March 2011}}</ref> [[hadith]], 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: <blockquote> 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.<ref>{{cite web|url=https://www.amnesty.org/en/documents/MDE23/057/2000/en/|title=Saudi Arabia: Gross human rights abuses against women|publisher=amnesty.org|url-status=live|archive-url=https://web.archive.org/web/20150402101340/https://www.amnesty.org/en/documents/MDE23/057/2000/en/|archive-date=2 April 2015}}</ref></blockquote> Although issues relating to Women are dealt with according to the Quran, the Sunna, and Islamic tradition ==See also== * [[Legal system of Saudi Arabia]] ==References== {{reflist}} ==External links== {{Wikiquote}} {{Wikisource}} *[https://www.saudiembassy.net/basic-law-governance English text of the Basic Law at the Saudi Embassy in Washington] *[https://www.saudiembassy.net/king-fahds-speech-issuance-basic-law-governance King Fahd's Speech on the issuance of the Basic Law of Governance] *[http://saudinf.com/main/c541.htm The Basic Law] {{Webarchive|url=https://web.archive.org/web/20001004202030/http://www.saudinf.com/main/c541.htm |date=4 October 2000 }} *[https://web.archive.org/web/20170818142226/http://www.mideastinfo.com/documents/Saudi_Arabia_Basic_Law.htm Saudi Arabia: Basic Law of Government] *[http://www.law.emory.edu/IFL/legal/saudiarabia.htm Kingdom of Saudi Arabia's legal system] *[https://web.archive.org/web/20060830232216/http://jurist.law.pitt.edu/world/saudiarabia.htm Constitution, Government & Legislation of Saudi Arabia] *[http://www.saudi-us-relations.org/articles/2006/interviews/061231-kurdi-interview.html The View from a Majlis Ash-Shura Member – A Conversation with Usamah al Kurdi] at ''The [[Saudi-US Relations Information Service]]'' {{Saudi Arabia topics}} {{DEFAULTSORT:Basic Law of Saudi Arabia}} [[Category:Law of Saudi Arabia| ]] [[Category:Constitutions by country|Saudi Arabia, Basic Law of]] [[Category:Uncodified constitutions]]'