The Basic Law of Saudi Arabia (alternative name: Basic System of Governance; ar|النظام الأساسي للحكم, ) is a constitution-like charter divided into nine chapters, consisting of 83 articles.[1] The Basic Law (in Article One) states that the constitution of Saudi Arabia is "the Holy Qur'an, and the Sunnah (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 per the Sunni Hanbali School understanding of Islamic law.
Following the Iraqi invasion of Kuwait and the First Gulf War, King Fahd issued a royal decree that was published in official television and newspapers on 31 January 1992.[2] [3] 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, 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.[4]
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 and the practice of Muhammad. 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".[5] 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.[6]
General Principles
Article 1 states that "God's Book and the Sunnah of His Prophet" are the country's constitution and Arabic is the official language with the capital at Riyadh.
Monarchy
Features of the Saudi family
Economic Principles
Article 21 calls for an "alms tax".
Rights and Duties
The Authorities of the State
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 and other lower-ranking officials must follow Islam. Those who deviate from this can be dismissed or punished.
Articles 60–62: The king is the commander-in-chief and is endowed with powers concerning war and the national security of the country
Financial Affairs
Control Bodies
General Provisions
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.[9]
In the eighteenth century Muhammad bin Saud and Muhammad ibn Abdul Wahhab integrated all the political and religious institutions into one governing body.[10] The government of Saudi Arabia reserves numerous jobs for the clergy that range from preaching to 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,[11] 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:
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.[12]