Constitution-like charter divided into nine chapters
The
Basic Law of Saudi Arabia
(alternative name:
Basic System of Governance
;
Arabic
:
?????? ??????? ?????
,
Al
Nizam
Al
Asasi
lil
Hukm
) 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
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
Wahhabi
understanding of
Islamic law
.
[2]
History
[
edit
]
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.
[3]
[4]
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.
[5]
The
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
]
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".
[6]
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.
[7]
Articles of the Basic Law of Governance
[
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]
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
.
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
[
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]
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
[
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]
Article 18 guards the
private property
of citizens.
Article 21 calls for an "
alms tax
".
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
cases.
Chapter 6
: The Authorities of the State
[
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]
Islam as cornerstone of governance
[
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]
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.
Military
[
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]
Articles 60?62: The king is the
commander-in-chief
and is endowed with powers concerning war and the national security of the country
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.
Article 79?80 concerns control bodies. Control bodies will be established to ensure good financial and administrative management of state assets.
[8]
[9]
Article 82 makes it clear that a temporary
state of emergency
during turmoil cannot violate Article 7 (Qur'an and sunnah).
Criticism
[
edit
]
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.
[10]
In the eighteenth century
Muhammad bin Saud
and
Muhammad ibn Abdul Wahhab
integrated 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 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,
[12]
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.
[13]
See also
[
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]
References
[
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]
External links
[
edit
]
Wikisource
has original text related to this article: