Basic Law of Saudi Arabia

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Basic Law of Saudi Arabia

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The Basic Law of Saudi Arabia is a charter divided into nine chapters, consisting of 83 articles. It is a supplement to sharia and does not override Islamic laws.

As a Saudi Arabian prince put it, there cannot be a "a constitution, a regulation, or a law that runs counter to the Islamic Shari'a" in Saudi Arabia^[1]

1 Islamic clergy
2 Note
3 History
4 Chapter 1 General Principles
5 Chapter 2 [Monarchy]
6 Chapter 3 Features of the Saudi Family
7 Chapter 4 Economic Principles
8 Chapter 5 Rights and Duties
9 Chapter 6 The Authorities of the State
- 9.1 Islam as cornerstone of governance
- 9.2 Military
10 Chapter 7 Financial Affairs
11 Chapter 8 Control Bodies
12 Chapter 9 General Provisions
13 References and notes
14 External links

[edit] Islamic clergy

Islamic clergy (ulema) like muftis and sheikhs who dominate the Saudi Arabian legal positions make use of the Basic Law in addition to the Quran^[2], hadith, sunnah, sharia, and Islamic jurisprudence.

Since the first alliance Muhammad bin Saud (a ruler) and Muhammad bin Abdul Wahhab (a cleric) in the 1700s, state and religion have become integrated and one^[3]. The government of Saudi Arabia reserves numerous jobs for the clergy that range from preaching to judgeships.

[edit] Note

Technically, the document is referred to as the Basic Law, not Constitution, because it was not approved through a referendum.

[edit] History

The Basic Law was adopted after a decree by King Fahd in 1992^[4]^[5]. The laws do not change the Islamic penal system of Saudi Arabia. They were drafted by an ad hoc committee of the interior ministry, which Human Rights Watch accuses of egregious violations of human rights^[6].

[edit] Chapter 1 General Principles

Article 1 states that "God's Book and the Sunnah of His Prophet, God's prayers" are the country's constitution and Arabic is the official language with the capital at Riyadh.

[edit] Chapter 2 [Monarchy]

Article 7 proclaims the divine right of the monarch. Next, per Article 8, "justice, consultation, and equality" shall be in accordance with Shari'ah.

[edit] 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."

[edit] Chapter 4 Economic Principles

Article 18 guard the private property of citizens.

Article 21 calls for an "alms tax".

[edit] Chapter 5 Rights and Duties

Article 27 establishes a "system of social security" that has made Saudi Arabia a welfare state. It is become feasible without expropriation and high taxes due to the large supplies of oil and a population of fewer than 30 million people.

[edit] Chapter 6 The Authorities of the State

[edit] Islam as cornerstone of governance

Article 45 affirm that religious rulings must be in accordance with the " Holy Qur'an and the Prophet's Sunnah." To this end, a panel of Islamic clergy and research group shall be established.

According to Article 55, the king has to "rule according to the rulings of Islam and shall supervise the application of Shari'ah." Article 56 states that the king is the prime minister as well. 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.

[edit] Military

Articles 60-62: The king is the commander-in-chief and it endowed with powers concerning war and the national security of the country.

[edit] Chapter 7 Financial Affairs

Article 71 specifies that revenue is entered and spent according to rules of statutes which will be published regularly in the Official Gazette per Article 70.